- Modification of Terms
- Limitation of Liability
- Third Party Content/Software
- Copyright and Trademarks
- Proprietary Rights in Web Site
- U.S. Copyright Infringement Claims
- Indemnification and Release
- Shut-Down of Site
- Vastusys Products
- Dispute Resolution
- No Waiver
2. Modification of Terms
Vastusys reserves the right to discontinue or make changes or updates with respect to the Web Site or the Content of the Web Site at any time without notice. Vastusys reserves the right to restrict, refuse or terminate access of any person to the Web Site or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.
ALL CONTENT AND USER CONTENT (INCLUDING, WITHOUT LIMITATION, TEXT, IMAGES, GRAPHICS, LINKS, AND OTHER MATERIALS) ON THE WEB SITE IS PROVIDED "AS IS" AND "AS AVAILABLE". VASTUSYS AND ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS AND SUPPLIERS HEREBY EXPRESSLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEB SITE, THE CONTENT OR USER CONTENT. Neither Vastusys nor its subsidiaries, affiliates, partners, licensors and suppliers warrants or makes any representations that (i) the Web Site will meet your requirements, (ii) the Web Site will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the Web Site (including any information and materials on this Web Site) will be correct, complete, accurate, reliable, or otherwise meet your requirements.
This is a public web site. You should have no expectation of confidentiality with respect to any User Content you may submit on this Web Site. Do not submit confidential information here.
Vastusys and its subsidiaries, affiliates, partners, licensors and suppliers shall have no liability for interruptions or omissions in Internet, network or hosting services and do not warrant that the Web Site or the services which make this Web Site available or electronic communications sent by Vastusys are free from viruses or any other harmful elements.
Any material downloaded or otherwise obtained through the use of this Web Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Accessing certain areas of the Web Site and using certain functions or features of the Web Site may require you to register as a contributor. This registration is free of charge.
When you register, you must choose a unique user name or "handle" and password and you must provide a unique, valid, current and verifiable e-mail address. Duplicate user names and e-mail addresses are not allowed, so if the name or address you enter is already in use, you will be prompted to choose another one. We will send you a confirmation e-mail with your registered information. In the event that delivery of such information fails for any reason, your access or use of areas, functions or features requiring such registration may be refused or terminated. You will promptly update your registration to keep it accurate and current. You are solely responsible for maintaining the confidentiality of your password. We reserve the right to change your username or delete your submitted content to the Web Site or refuse or cancel your registration if you choose a user name that, in our sole discretion, is obscene, indecent, abusive or otherwise improper. You are also solely responsible for restricting access to your computer(s). You agree to accept responsibility for all activities occurring under your account, user name, and/or password that are due to your conduct, inaction, or negligence. If you become aware of any suspicious or unauthorized conduct concerning your account, user name and/or password, you agree to contact us immediately by e-mail. We may, at our own discretion, bar registration from any specific e-mail service or ISP.
6. Limitation of Liability
IN NO EVENT SHALL VASTUSYS OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS WEB SITE, THE CONTENT OR THE USER CONTENT, EVEN IF VASTUSYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE DIRECTLY AND SOLELY FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE ON THE PART OF VASTUSYS.
If you live in a country or state that does not allow any of the foregoing exclusions or limitations of liability or any of the disclaimers of warranties in Section 4 above, such exclusions or limitations will not apply to you but only to the extent such exclusions or limitations are not allowed. In such case, such exclusions or limitations shall be limited to the extent required by applicable law.
7. Third Party Content/Software
Any software made available for downloading from or through this Web Site is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. VASTUSYS HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.
8. Copyright and Trademarks
Copyright and all other proprietary rights in Content provided by Vastusys, its affiliates, subsidiaries and/or partners, the software to operate and publish the Web Site, the compilation of data on the Web Site, and the order, sequence and arrangement of this Web Site, all belong to Vastusys and / or its partners or licensors. All rights in the Content not expressly granted herein are reserved.
VASTUSYS is a registered trademark of Ensilver Inc.
VASTUSYS and all other registered trademarks of Ensilver Inc. and its affiliates are important assets of the company. Proper use of these trademarks are important and you should follow the instructions of Vastusys when referencing our company’ products and services by contacting firstname.lastname@example.org with your questions for guidance or information.
The use and registration of the VASTUSYS name is exclusively reserved to our company. You may not register nor use a company name, statutory name, trade name, domain name or other name, indication or description, of which the Vastusys name or any name similar thereto or any name which consists of a part of the Vastusys name forms part nor shall it include any other registered trademark owned by Ensilver Inc.
9. Proprietary Rights in the Web Site
This Web Site is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws.
You acknowledge that any User Content submitted and/or discussed on the Web Site may be the subject of patents, copyrights, trademarks and other intellectual property rights of Vastusys , its subsidiaries, affiliates, partners or third parties. If you consider exploiting any ideas, proposals, suggestions, or solutions or other User Content submitted to the Web Site, you are responsible to undertake appropriate intellectual property clearance before engaging in any exploitative conduct.
10. U.S. Copyright Infringement Claims
If you know or suspect that any of the materials on this Web Site (including but not limited to materials posted on the Forum) have been used or copied in a way that constitutes copyright infringement, please send notice to Vastusys at email@example.com. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
- A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
11. Indemnification and Release
If you have a dispute with one or more users, you release Vastusys , its subsidiaries, affiliates, partners and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Shut-Down of Site
We have the sole right to shut down the Web Site or any part thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the Web Site.
13. Vastusys Products
Vastusys provides information regarding products and third-party merchants, and links to third-party merchants that are selling listed products. Vastusys and its affiliates attempt to be as accurate as possible. However, Vastusys does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The Web Site may contain references to specific Vastusys products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local Vastusys business contact for further information.
Sales prices indicated on the website are the recommended sales prices by the manufacturer including the applicable local and or federal taxes. The purchase of any products through this site will be subject to the additional terms of purchase, which appear on the relevant page. Please note these may be the terms of purchase of a third party if you have linked to their site.
Vastusys may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Vastusys does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
14. Dispute Resolution
16. No Waiver
"THE PARTIES HEREBY IRREVOCABLY WAIVE THEIR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING (INCLUDING ANY COUNTERCLAIM) OF ANY TYPE IN WHICH THEY ARE PARTIES AS TO ALL MATTERS ARISING OUT OF OR RELATING TO THIS AGREEMENT."
Thank you for joining our Web Site.
1. IntroductionTHE APPLICATION AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THE APPLICATION WILL INDICATE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THE APPLICATION.
2. OwnershipThe Application is owned and operated by Vastusys. Except for Third Party Content (defined below) all content, data, information and other materials on or directly accessible from the Application, is owned by Vastusys, its affiliates, licensors and/or vendors. The Application and all content is protected by Canada, United States and international copyright and trademark laws. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Vastusys and/or its vendors and licensors. Except for Third Party Content, the contents of the Application may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of Vastusys, except that you may download content from the Application to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with these terms and any additional applicable end user license agreements. Except as provided in these Terms and Conditions, any use of these materials on any other Application or networked computer environment for any purpose is prohibited.
3. Third Party ContentThe Application may display, include, make available, or otherwise link to content, data, information, applications, web Applications, or other materials generated or provided by third parties (“Third Party Content”). You understand that Third Party Content may include content that may be deemed offensive, indecent, or objectionable, or that may be inaccurate, unresponsive, unreliable, or even untruthful. By using the Application, you acknowledge and agree that Vastusys shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Content. Vastusys does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Content. Third Party Content is provided “AS IS” and solely as a convenience to you, with no warranties of any kind. You agree that Vastusys shall not be liable or otherwise responsible for any content or information you post in a web-forum, in a chat room, or through other interactive or “social networking” portions of the Application (your “Personal Content”) and that such Personal Content may be immediately displayed on the Application and treated as Third Party Content. The generation and distribution of Personal Content is at your own risk. You further agree to indemnify, defend, and hold harmless Vastusys and its affiliates and their customers, suppliers, employees, officers, directors, and agents from and against any and all claims, losses, liabilities, suits, costs, and other damages arising out of or related to your Personal Content, including claims that the Personal Content violates, infringes, or misappropriates the patent, trademark, trade secret, copyright, or other proprietary rights of any party; that the Personal Content is libelous or defamatory; or that the Personal Content caused or attributed to the injury or death to a third party. You hereby grant to Vastusys and its suppliers a non-exclusive, transferable, worldwide, royalty free, sublicensable, right and license to store, copy, distribute, transmit, publicly perform, display, create derivative works of, and otherwise use the Personal Content for purposes of providing the Application to third parties, including the right to transmit the Personal Content to other users of the Application.
4. Vastusys Does Not Provide Medical AdviceThe contents of the Application are not intended to be a substitute for professional medical advice, diagnosis, or treatment. Vastusys does not recommend or endorse any specific tests, products, procedures, opinions or other information mentioned on the Application.
5. No FramingYou may not frame or utilize framing techniques to use, surround or enclose any of Vastusys’s names, trademarks, service marks, logos, or other proprietary information (including images, text, page layout, or form) of Vastusys and/or its affiliates without Vastusys’s express written consent.
6. JurisdictionThe Application is controlled and operated by Vastusys from its offices within the Province of Ontario, Canada. Vastusys makes no representation that materials in the Application are appropriate or available for use in other locations. Those who choose to access the Application from other locations do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology and other information from the Application is further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from the Application may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from the Application in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country.
7. Trademarks"Ensil", "ensil.com", "ensil.ca", "Vastusys", "Vastusys.com" and related designs are trademark(s) and service mark(s) owned by Ensilver Inc. These trademarks and service marks may not be used in connection with any product or service that is not from "Vastusys", in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits "Vastusys".
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND Vastusys DOES NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION OR COMMUNICATIONS CANNOT BE ACCESSED BY UNAUTHORIZED PERSONS CAPABLE OF OVERCOMING SUCH SAFEGUARDS. YOU ACKNOWLEDGE AND AGREE THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE APPLICATION, YOUR INFORMATION OR COMMUNICATIONS, AND/OR VASTUSYS'S NETWORKS. VASTUSYS'S SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES OR FOR YOUR INABILITY TO ACCESS OR USE THE APPLICATION. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS.
9. Hyperlinking to the ApplicationExcept as specifically provided in these Terms and Conditions, you may not create hyperlinks to the Application. You may provide hyperlinks to the Application on a non-commercial, not-for-profit Application, freely accessible by the public at no charge, provided that “deep links” (e.g., hyperlinks other than to Vastusys homepage currently located at www.vastusys.com ) must be in accordance with any additional terms, conditions and/or technical instructions that Vastusys may post on the Application from time-to-time. If you desire to link to the Application in any other manner, you must obtain Vastusys's written permission pursuant to a Hyperlink Agreement. You shall not link to the Application in any manner which states or implies any affiliation between you or your organization and Vastusys, or any sponsorship, approval or recommendation of you or your organization by Vastusys. Any permitted link to the Application must clearly identify Vastusys as the owner of the Application. Vastusys reserves the right to redirect any links to the Application to any page it chooses.
10. Acceptable UseAs a condition of your use of the Application, you warrant to Vastusys that you will not (i) use the Application for any purpose that is unlawful, (ii) use the Application for any commercial purpose, (iii) modify, rent, lease, loan, sell, or distribute the Application in any manner, (iv) use or exploit the Application in an abusive, improper, or illegal manner as determined solely by Vastusys, including but not limited to, by trespass, burdening network capacity, or using the Application to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party or to transmit illegal, pornographic, libelous, profane or otherwise offensive messages or content, (v) create derivative works based on the Application or reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Application or provided through the Application.
11. External Hyperlinks from the ApplicationThe Application may contain hyperlinks to third party Applications. External hyperlinks to or from the Application do not constitute any endorsement or recommendation by Vastusys of any third party or its Application, products, resources or other information. An external hyperlink to a Application does not imply that Vastusys is affiliated with or sponsors the third party's Application. Vastusys is not responsible for any software, data or other information available from any third party Application. You are solely responsible for complying with all terms and conditions of use for the third party Applications. You acknowledge that Vastusys shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party Application, software, data, or other information.
13. No WarrantyTHE APPLICATION AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE APPLICATION ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. VASTUSYS DOES NOT WARRANT THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. VASTUSYS DOES NOT WARRANT THAT ACCESS TO THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, Vastusys DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE APPLICATION. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, Vastusys DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of LiabilityNEITHER VASTUSYS NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE APPLICATION OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF VASTUSYS OR ITS AFFILIATES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION OR OTHER APPLICATION-RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED APPLICATIONS IS TO STOP USING THE APPLICATION AND/OR SUCH CONTENT, INFORMATION, SERVICES, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. IndemnificationYou agree to indemnify and defend Vastusys and its affiliates, and their respective officers, directors, shareholders, employees, and agents from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys fees and costs) directly or indirectly arising from your (a) use of the Application, (b) violation of any third party right, or (c) breach of any of these Terms and Conditions. You agree to cooperate as fully as reasonably required in the defense of any claim. Vastusys reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of Vastusys.
16. Procedure for Making Claims of Copyright InfringementVastusys respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Vastusys the following information: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Application; 4. Your address, telephone number, and email address; 5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
18. GeneralExcept as provided below, the Terms and Conditions constitute the entire agreement between Vastusys and you pertaining to the subject matter hereof. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages within the Application. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms and Conditions that are not resolved by mutual agreement shall be governed by the laws of province of Ontario, Canada