Canadian Inventory Management Systems

1. Customer Agreement

Please read the terms and conditions of this Customer Service Agreement before setting up an account with CIMS Industries Inc. (CIMS) The terms and conditions of this Agreement will govern the relationship between you (the "Customer") and CIMS.

CIMS provides its wireless Internet access services (the "Services") as they may exist from time to time, to Customers who establish accounts with CIMS. By establishing an account with CIMS or using any software ("Software") provided, developed, licensed or owned by CIMS, a Customer agrees to be bound by this Agreement and to use the Services in compliance with this Agreement and other CIMS policies posted from time to time on CIMS website at www.cimsindustries.com.

CIMS may change or modify or add to the terms and conditions of this Agreement, the Services it provides and the fees it charges at any time. Such changes, modification or additions will be effective immediately upon posting on the CIMS Website. Customers should review the CIMS Website periodically to be aware of any changes to this Agreement.

2. Customers

Users of CIMS's Services must be at least eighteen years old or have the consent of their parents or legal guardians. Therefore, if the Customer is an individual, he or she certifies that he or she is at least eighteen years old. Each Customer assumes all responsibility for the use of the Services and his, her or its account by underage users.

This Agreement is not assignable by the Customer.

3. Contacting CIMS

A Customer may contact CIMS as follows:

4. Fees

CIMS' current fee schedule for Services is posted on the CIMS' Website. They are, also, displayed on the authentication page. CIMS may change or modify or add to the fees it charges at any time. Such changes, modification or additions will be effective immediately upon posting on the CIMS' Website. Customers should review the CIMS' Website periodically to be aware of any changes to CIMS' fee schedule.

5. Payment Obligations

A Customer must provide CIMS with accurate and complete billing information including legal name, address, telephone number and credit card/billing information and must advise CIMS of any changes to this information within 30 days of the change.

A Customer is responsible for all charges to his, her or its account.

Charges are billed to a Customer's credit card immediately for access that is purchased in time increments i.e. one hour of service. For accounts established with CIMS a charge is sent to the client's credit card each month. CIMS is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CIMS.

6. Disclaimers and Limitations of Liability by CIMS Industries Inc. (CIMS)

THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICES ARE NOT GUARANTEED AND ARE PROVIDED ON AN "AS IS" BASIS AND THAT USE OF THE SERVICES BY THE CUSTOMER IS AT THE CUSTOMER'S OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THE CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT:

  • CIMS does not represent or warrant that any Service will be uninterrupted, error-free or free from viruses or other harmful components.
  • All conditions, representations and warranties, whether express or implied, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or title or non-infringement are disclaimed and expressly excluded from this Agreement, except to the extent such disclaimer is prohibited by law.
  • CIMS is not responsible for the content of the information and material available through the Internet. CIMS makes no representations or warranties and gives no guarantees as to the quality, suitability, truth, accuracy or completeness of any information or materials contained on the Internet. Any questions regarding any such information or materials should be directed to the providers of such information or materials.
  • CIMS will not be liable for any claims arising either directly or indirectly from the accessing, downloading, installation, use, reproduction of and or receipt or distribution of any information or material through any Services.
  • CIMS will not be liable for any direct, indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, data or other economic advantage) however such damage may arise, whether in tort as a result of breach of contract, even if CIMS has been previously advised of the possibility of such damage.
  • The Customer acknowledges the inherent risks to security, confidentiality and privacy of wireless communication and agrees that he, she or it is solely responsible for ensuring the security of his, her or its data and/or equipment used in connection with the Services and that he, she or it will not may any claim against CIMS for re-run time, lost data, inaccurate output, work delays or lost profits resulting from the use of the Services.

7. Acceptable Use

CIMS' dedication to customer service means that CIMS strives to maintain Services that provide Customers with an enjoyable Internet experience free from interference by those who use the Services in an improper or unlawful manner. Accordingly, CIMS' Acceptable Use Policy as described in this Section is incorporated in and forms part of this Agreement and all users of CIMS' Services must comply with it.

A Customer's use of the Services is governed by applicable local, provincial, national and international laws and regulations, including without limitation laws relating to copyright, trademark, obscenity, defamation, the right of privacy, false advertising and fraud. In addition to complying with such laws and regulations, each Customer is expected to use his, her or its best judgment and to be respectful of others. A Customer must use his, her or its best efforts to avoid interfering with the use of the Services by others and to ensure that he, she or it follows rules of proper conduct.

Although CIMS does not exercise editorial control or review over the content of any web site, electronic mail transmission, newsgroup or other material created or accessible by using the Services, it may remove, block, filter or restrict by any other means any materials that in CIMS' sole discretion, may be illegal, may subject CIMS to liability, or which violate this Acceptable Use Policy. CIMS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

The following is a list of activities that are violations of this Acceptable Use Policy. This list is intended to be illustrative, only. It is not exhaustive. There may be other activities that violate this Acceptable Use Policy. CIMS is the sole and final arbiter of what is an acceptable use of the Services. Without limitation, a Customer will be in breach of this Acceptable Use Policy and this Agreement if they:

  • use the Services to transmit any material (by uploading, posting, email or otherwise) that intentionally or unintentionally violates any applicable local, provincial, national or international law or any rules or regulations made there under including without limitation material that is threatening, abusive, tortuous, harassing, defamatory, libellous, obscene, invasive of another's privacy or hateful;
  • use the Services to harm or attempt to harm children in any way;
  • use the Services to make fraudulent offers to sell or buy products, items or services or to advance any type of scam, financial or otherwise, such as "pyramid schemes", "Ponzi schemes", unregistered sales of securities, securities frauds and chain letters;
  • add, removes or modifies identifying network, message or article header information or other identifiers in an effort to deceive or mislead others; attempts to impersonate any person by using forged headers or other identifying information provided, however, that the use of anonymous remailers or nicknames are not in themselves impersonation;
  • use the Services to transmit material by (uploading, posting, email or otherwise) that the user does not have a right to make available to others whether under any law or any contractual or fiduciary relationships;
  • use the Services to transmit any unsolicited commercial email or unsolicited bulk email or uses deliberately misleading headers in emails sent to multiple parties;
  • use the Services to transmit any material by (uploading, posting, email or otherwise) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use the Services to access or attempt to access the accounts of others, or to penetrate or attempt to penetrate security measures of CIMS or any other's computer software or hardware, electronic communications system or telecommunications system, whether or not resulting in disruption of service or the corruption or loss of data;
  • disobey any requirements, procedures, policies or regulations of any networks connect to the Services;
  • use the Services to transmit any material by uploading, posting, email or otherwise that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any other person;
  • use the Services to collect or attempt to collect personal information about another person without that person's knowledge or consent;
  • resell the Services without authorization to do so by CIMS ; or
  • use the Services for high volume date transfers including in particular but without limitation sustained high volume data transfers or uses the Services to host a server including without limitation to host a web server or an IRC server.

8. In the event CIMS Acceptable Use Policy is violated

CIMS requests that anyone who believes that CIMS' Acceptable Use Policy is being violated contact CIMS at CIMS' Customer Service Department and provide as much of the following information as possible:

  • the IP address used to commit the alleged violation
  • the date and time of the alleged violation, including the time zone
  • evidence of the alleged violation

When reporting a matter regarding unsolicited email please provide a copy of the unsolicited email messages with full headers, if possible.

Upon receiving notice of an alleged violation CIMS may take such action as CIMS in its sole discretion may determine including without limitation:

  • issuing warnings, written or verbal
  • suspending or terminating the account of a Customer who violates the Acceptable Use Policy
  • charge a Customer who violates the Acceptable Use Policy with administrative costs and/or reactivation charges
  • bring legal action to enjoin violations and/or to collect damages