Term of Use ::
Legal Notice
Versatile Information Management Systems (“VIMS”) maintains this
site ("the Site") for your personal information, education and
communication. Feel free to browse the Site, but please read these
Terms and Conditions and our Privacy
Policy before doing so. Each time you use the Site you expressly
intimate to VIMS your acceptance and agreement, and the acceptance and
agreement of any legal person you purport to represent, without
limitation or qualification, to abide by and to be bound by this
Agreement, and you represent and warrant that you have the legal
authority to agree to and accept this Agreement on behalf of yourself,
any legal person or organization you purport to represent. You
acknowledge and agree that this Agreement is subject to change without
advance notice. However, the latest Agreement will be posted on the
Site and you should review the Agreement prior to each use of the
Site. If you do not agree and accept, without limitation or
qualification, these Terms of Use, please exit the Site.
Ownership - Copyrights - Trademarks
The Site and all of its contents including, but not limited to,
all text and images ("Content") are owned and copyrighted by VIMS or
third parties with all rights reserved unless otherwise noted. The
Site contains Content that has copyright, trademark, name, trade name,
statement, title, image, design, logo or service mark (“Valuable
Marks”) protection and All Rights Reserved. Any Valuable Mark is
either unregistered, pending registered or registered with All Rights
Reserved to VIMS or third parties. VIMS neither warrants nor
represents that your use of Content and Valuable Marks displayed on
the Site will not infringe on the rights of third parties. Your use of
any Content and Valuable Mark, except as provided in these Terms of
Use, without the written permission of the Content owner is strictly
prohibited. VIMS will aggressively enforce its Valuable Marks and
intellectual property rights to the fullest extent of the law,
including the seeking of criminal prosecution.
Terms and Conditions
1. These Terms and Conditions set forth form the entire understanding
and agreement between you and VIMS with respect to the Site. You
acknowledge that any other agreements between you and VIMS without
written permission of the Content owner with respect to the Site are
superseded and of no force or effect.
2. Unauthorized use of the Content is strictly prohibited and is a
violation of the Rights Of VIMS and or third parties, including,
without limitation, copyright laws, trademark laws, the laws of
privacy and publicity.
3. With the exception of images of people or places you may download
one single hard copy of the Content displayed on the Site for
non-commercial, personal use only, provided however, you do not delete
or change the Valuable Marks or other proprietary notices contained in
the Content. You may not modify, alter or change any Content or
Valuable Mark, or distribute, publish, transmit, reuse, re-post or use
the Content of the Site for public or commercial purposes.
4. While VIMS uses reasonable efforts to include accurate and up to
date information in the Site, VIMS makes no warranties or
representations as to the accuracy, correctness, reliability or
otherwise with respect to such information, and assumes no liability
or responsibility for any omissions or errors (including, without
limitation, typographical errors and technical errors) in the content
of the Site. Furthermore, it is your responsibility to ensure the
Content you are using is current and from the Site on the date of use
and is not cached or a copied page from your ISP’s server, your own
computer, or any other third party site.
5. Information in the Site is subject to change without notice.
Information regarding VIMS’ products and services is applicable only
in Canada and the United States unless otherwise noted. Some products
and services may not be available or applicable in certain areas. VIMS
makes no representations that the Content in this Site are appropriate
or available for use in other countries and or in certain areas of
Canada and the United States. Those who do access this Site from other
countries are solely responsible for compliance with local laws of
that country.
6. Any personal data (such as name, position/title, organization,
address, telephone number, fax number, email address) you transmit to
the site electronically or otherwise will be used by VIMS in
accordance with the Site’s Privacy Policy.
7. From time to time, VIMS may ask that you transmit by electronic
mail or otherwise your questions, comments or feedback on VIMS’
products and/or services. Any communication or material you transmit
or post will be (a) treated as non-confidential and non-proprietary by
VIMS, (b) become the property of VIMS and VIMS shall exclusively now
and hereinafter own all rights, title and interest therein, and (c) be
used without restriction by VIMS or its Distributors and affiliates at
its sole discretion without any obligation, compensation or other
liability to you. Such use may be for any purpose whatsoever,
including, but not limited to, reproduction, disclosure, transmission,
publication, broadcast and posting whole or in part, in any medium and
in any manner on this Site or otherwise. However, VIMS shall be under
no obligation to respond to any such communication.
8. This Site may link to other sites which may or may not be
maintained by or related to VIMS. Some of these hyperlinks are
provided as a service to users and are not necessarily sponsored by,
endorsed or otherwise affiliated with this Site or with the products
and services of VIMS. VIMS has not nor does it intend to review the
sites linked to the Site regardless whether they are or are not
sponsored by, endorsed or otherwise affiliated with this Site and is
not responsible for the content of any off-site pages or links to any
other sites. Viewing all other sites is at solely at your own risk.
9. Software from this Site may be subject to Canadian Export Controls.
No software from this Site may be downloaded or exported into (or to a
national or resident of) any other country to which Canada has
embargoed goods. By downloading or using the software, you represent
and warrant that you are not located in, under the control of, or a
national or resident of any such country or on any such list.
10. You are prohibited from using the Site to post or transmit any
infringing, threatening, false, misleading, abusive, harassing,
libelous, defamatory, vulgar, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could
constitute or otherwise violate any federal, provincial, territorial,
municipal or national law. VIMS will fully cooperate with any law
enforcement agency to disclose the identity of anyone posting or
transmitting any such information or materials; and you are prohibited
from using the Site to advertise or perform any commercial
solicitation.
11. The Site may contain statements, estimates or projections that
constitute forward-looking statements. Generally, the words (such as
will, project, intend, expect, believe, estimate, anticipate and
similar expressions) identify forward-looking statements, which are
not necessarily historical in nature. Such forward-looking statements
are subject to certain risks and uncertainties that could result or
cause actual results to differ materially from VIMS’ historical
experience and our present expectations or projections. These risks
include, but are not limited to, our ability to finance expansion
plans, general operating activities, changes in business environment,
including actions of competitors, changes in consumer preferences,
changes in economic and political conditions, our ability to penetrate
developing and emerging markets, the effectiveness of our advertising
or marketing programs, regulatory or legal changes and other
unidentified risks. You should not place undue reliance on
forward-looking statements and VIMS undertakes no obligation to
publicly update or revise any forward-looking statement.
12. Your use of and browsing in the Site is done at the user's own
risk. Neither VIMS, its Officers or Directors nor any other party
involved in creating, producing or delivering the Site shall be liable
for any direct, special, incidental, consequential, indirect or
punitive damages arising out of your access to, or use of, or browsing
the Site, or downloading of any products, software, applications,
materials, data, text, images, video or audio from the Site, whether
based on contract, tort, strict liability or otherwise, even if
advised of the possibility of and such damages, including, without
limitation, damage to, or viruses that may infect, your computer
equipment or other property as a result thereof. Without limiting the
foregoing, everything on the Site is provided to you "As Is" without
warranty of any kind, either expressed or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a
particular purpose or non-infringement. Please note that some
jurisdictions may not allow the exclusion of implied warranties, so
some of the above exclusions may not apply to you. Check your local
laws for any restrictions or limitations regarding the exclusion of
implied warranties.
13. VIMS is a corporation under the laws of the Province of Alberta,
Canada. The Site is physically maintained and operated by VIMS within
the Province of Alberta. This Agreement is governed by the laws of the
Province of Alberta and the federal laws of Canada as applicable
therein and should be treated as an Alberta contract without reference
to the principals of the conflict of law. All disputes arising from or
in connection with the Site shall be subject to the jurisdiction of
the Courts of the Province of Alberta. You agree to the exclusive
jurisdiction of the Courts of the Province of Alberta to finally
adjudicate and legal proceeding arising out of or in connection with
the Site. Any disputes shall be submitted to the non-exclusive
jurisdiction of the Courts of Alberta.
14. You agree to indemnify, defend and hold VIMS, its Officers,
Directors, Employees, Distributors and Others associated with the
creation of, maintenance of and or delivery of, harmless from any
liability, loss, claim, demand, and expense, including reasonable
lawyers fees, related to your use of the Site.
15. In the event that any part of a provision of the Terms Of Use set
out are held to be invalid, unenforceable, or void, such provision
shall, by the adjudicating body, be applied to fullest extent possible
and only to the extent absolutely necessary to comply with applicable
law. If any provision is held to be invalid, unenforceable, or void,
such provision shall be severed from the Terms of Use, however such
determination shall not affect the validity and enforceability of any
other remaining provisions.
Consent To This Agreement
By using the Site, you consent to the Terms and Conditions as
specified above. If we decide to change the Terms of Use, those
changes will be posted on this page.
Copyright © 2004 Versatile Information Management Systems All
Rights Reserved. |
