Terms of Use

Acceptance of Terms of Use
Modification of Terms
Privacy Policy
Disclaimers
Registration
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
Severability
No Waiver
Headings

This website ("Web Site") is offered to you by Vastusys Inc. ("Vastusys") The following Terms of Use govern your access and use of this Web Site. Also, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this Web Site (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the Web Site (“User Content”) or transactions concluded through this Web Site. Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

1. Acceptance of Terms of Use

By accessing or using this Web Site you agree to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Web Site. If you do NOT agree to all of these Terms of Use, you should NOT access or use this Web Site.

2. Modification of Terms

These Terms of Use may be amended by Vastusys at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the Web Site after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Vastusys web sites may have their own terms of use which apply to such web sites.

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.

3. Privacy Policy

Personal information provided or collected through or in connection with this Web Site shall only be used in accordance with Vastusys ' Privacy Policy and these Terms of Use are subject to the Privacy Policy as posted on this Web Site.

4. Disclaimers

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.

5. Registration

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

Vastusys is in no way responsible for the content of any site owned by a third party that may be linked to the Web Site via hyperlink, whether or not such hyperlink is provided by the Web Site or by a third party in accordance with the Terms of Use. Any link on our Web Site to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the Web Site may link, and we take no responsibility therefor.

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 info@vastusys.com 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 info@vastusys.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

You agree to indemnify and hold harmless Vastusys , its subsidiaries, affiliates, partners and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the Web Site or any violation of these Terms of Use by you. In the event of any complaint or legal action arising from any message, or any other User Content posted by you, Vastusys reserves the right to reveal your identity and any other information Vastusys may have about you.

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

These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada. You agree to the non-exclusive jurisdiction of the courts in Ontario Canada for any disputes, claim or cause of action arising out of, or relating to or in connection with these Terms of Use or your use of this Web Site, including any disputes relating to the existence or validity of these Terms of Use, provided that you agree to submit any such disputes, claims or causes of action exclusively to the courts of Ontario, Canada.

15. Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

16. No Waiver

No failure on the part of Vastusys to enforce any part of these Terms of Use shall constitute a waiver of any of Vastusys ' rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Vastusys nor the reliance of any person on Vastusys ' actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Vastusys shall have any legal effect whatsoever.

"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."

17. Headings

The headings of the sections of the Terms of Use are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the Terms of Use.

Thank you for joining our Web Site.

VASTUSYS APPLICATION AND SOFTWARE AGREEMENT TERMS OF USE

1. Introduction

THE 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.

IMPORTANT NOTICE TO YOU:

These Terms and Conditions of Use and the Privacy Policy (collectively, the “Terms and Conditions”), govern your use of the application, including without limitation use of all content, data, images, information and other materials posted on or available through the application (collectively, the “Application”). By using the Application, you agree that you have reviewed and understood these Terms and Conditions of Use and the Privacy Policy to your full satisfaction, that you accept and are subject to the Terms and Conditions of Use and the Privacy Policy, and that Vastusys Inc. ("Vastusys") is permitted to use the information it collects through the Application as set forth below or in the Privacy Policy. If you are not in agreement with the Terms and Conditions, you must immediately leave and no longer use the Application. To the extent that there is any conflict between a provision of the Terms and Conditions of Use and a provision in this Privacy Policy, the provision in the Terms and Conditions of Use shall prevail. If you breach any of these Terms and Conditions, your authorization to use the Application shall automatically terminate. These Terms and Conditions are in addition to any other agreement you may have with Vastusys, including any agreement governing purchase or use of Vastusys’s products or services by you or your organization.

2. Ownership

The 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 Content

The 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 Advice

The 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 Framing

You 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. Jurisdiction

The 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".

8. Vastusys’s Use of Your Data and Communications

Except as expressly provided in Vastusys’s Privacy Policy, you acknowledge that any Personal Content, communications, material, information, or data of any kind that you e-mail, post, or transmit to or through the Application, including, questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary by Vastusys. You hereby represent and warrant that you have the right to provide to Vastusys all Communications you submit to Vastusys through the Application.

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 Application

Except 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 Use

As 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 Application

The 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.

12. Accuracy and Integrity of Information

Although Vastusys attempts to ensure the integrity and accuracy of the Application, it makes no guarantees whatsoever as to the correctness or accuracy of the Application. It is possible the Application may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Application by third parties. In the event that an inaccuracy arises, please inform Vastusys so that it can be corrected. Information contained on the Application, including these Terms and Conditions and the Privacy Policy, may be changed or updated without notice.

13. No Warranty

THE 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 Liability

NEITHER 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. Indemnification

You 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 Infringement

Vastusys 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.

17. Changes to these Terms and Conditions

Vastusys reserves the right to make changes to these Terms and Conditions, including the Privacy Policy, at any time. Please check these Terms and Conditions and the Privacy Policy when you use the Application to ensure that you are aware of any changes. The Terms and Conditions and Privacy Policy will indicate the date they were last updated. Your continued use of the Application, including use after the posting of any changes to these terms, will be deemed acceptance by you of the then-current Terms and Conditions and Privacy Policy.

18. General

Except 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

19. Additional Apple Device Terms

This Section 19 applies to you only if you use the Application on an Apple device (e.g., iPhone, iPad, iPod Touch) (any such device, an 'Apple Device'); Section 19 does not apply to you if you do not use the Application on an Apple Device. We are solely responsible for the Application on your Apple Device, and you may use the Application on your Apple Device only as permitted by these Terms of Use and the 'Usage Rules' set forth in the Application Store Terms and Conditions (http://www.apple.com/legal/itunes/appstore/us/terms.html). As between Vastusys and Apple Inc., to the extent that: (a) we are required to address any claims related to your or a third party's use or possession of the Application on your Apple Device, we will be responsible for addressing, investigating, or defending the claim; and (b) we have not effectively disclaimed any warranties relating to the Application on your Apple Device, we will be solely responsible for any product warranties or other claims, losses, liabilities, damages, costs or expenses if the Application fails to conform to any warranty. If the Application on your Apple Device fails to conform to any applicable warranty, you may notify Apple Inc. for a refund of the purchase price of the Application on your Apple Device, if any. Apple Inc. will not have any other warranty obligations whatsoever with respect to the Application on your Apple Device. Apple Inc. and its subsidiaries are third party beneficiaries to these Terms of Use and that upon your acceptance of these Terms of Use, Apple Inc. and its subsidiaries may enforce these Terms of Use against you as a third party beneficiary of these Terms of Use.

Terms of Use

VASTUSYS APPLICATION AND SOFTWARE AGREEMENT TERMS OF USE

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