Restriction on Use
Contents from the Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of Vision Critical, except that you may download one copy of any content on one computer for your personal, non-commercial home or archival use only, provided you do not delete or change any copyright, trademark, or other proprietary notices contained therein. The contents on the Site are provided for lawful purposes only. Vision Critical shall not be responsible for any third party’s use the contents; however, if such use is deemed to be inappropriate, improper, offensive, a misrepresentation or reproduced for the purpose of commercial means, Vision Critical may take appropriate legal action and/or take steps to publicly correct the record.
Outside Sites and Linking
The Site may contain references and links to other sites on the Internet that are not owned or operated by Vision Critical (the “Outside Sites”). Vision Critical is not responsible for the availability of, or the content located on or through, any Outside Site. Any such references or links are being provided to you only as a convenience and are not meant to imply endorsement of the Outside Sites.
Vision Critical permits certain third party links to the home page of its Site, provided that Vision Critical is provided with notice of such links and does not thereafter object to such linking. Vision Critical reserves the right to unilaterally revoke any consent that it may at any time have given to any linkage, including linkages to the home page.
All Site content, design, text, graphics, images, logos, buttons, icons, interfaces, audio and video clips, and the selection and arrangements thereof are the exclusive property of Vision Critical, or its respective content providers, and are protected by applicable copyright laws. All software used on the Site is the property of Vision Critical or its respective software suppliers, and such software is protected by applicable laws. Users of this Site shall not transmit/post any information to this Site that infringes the copyright or other intellectual property rights of others.
On Line Conduct
Any conduct by a person that in Vision Critical’s sole and absolute discretion restricts or inhibits any other person from using or enjoying the Site, is prohibited. You agree to use the Site only for lawful purposes and in accordance with that prohibition. You agree that you will not post on the Site or transmit any unlawful or otherwise objectionable material of any kind.
Warranties and Limitation of Liability
THE INFORMATION, SERVICES, PRODUCTS, SOFTWARE AND ALL OTHER MATERIALS CONTAINED OR OFFERED IN THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VISION CRITICAL DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, SOFTWARE AND ALL OTHER MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE.
IN NO EVENT SHALL VISION CRITICAL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL VISION CRITICAL, ITS AGENTS, SHAREHOLDERS, EMPLOYEES, OR OFFICERS HAVE ANY OBLIGATIONS OR LIABILITIES TO YOU OR ANY OTHER PERSON FOR LOSS OF PROFITS, FOR LOSS OF BUSINESS OR USE, OR FOR ANY DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OR FORM OF ACTION, EVEN IF VISION CRITICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NO ACTION OR PROCEEDING MAY BE BROUGHT AGAINST VISION CRITICAL WITH RESPECT TO ANY CLAIM OR DISPUTE ARISING FROM THE USE OF THIS SITE.
Vision Critical makes no guarantee that access to this Site will be uninterrupted, error-free or free from viruses or other harmful code. VISION CRITICAL SHALL NOT BE BOUND BY ANY ERRORS OR OMISSIONS CONTAINED IN THIS SITE WITH RESPECT TO ANY SERVICES OFFERED ON THIS SITE. Information herein may be changed, removed or updated at any time without notice and for any reason. ALL MATERIALS AND INFORMATION POSTED TO THIS SITE ARE INTENDED TO BE USED FOR INFORMATIONAL PURPOSES ONLY.
As you navigate through this Site, some of your user information may be collected (which you did not actively provide) including, but not limited to, your browser type, domain name, IP address, pages visited, and the length of your user session using various technologies and means, such as cookies, tags, digital fingerprinting, etc. No such information collected is shared by Vision Critical with third parties for advertising or other purposes except that it may be disclosed to those of Vision Critical’s contractors who assist with programming and technical aspects of hosting and operating the Site. Transmissions to and from this Site may not be confidential and consequently, may be read or intercepted by others
Termination of Usage
Vision Critical may, without incurring any liability to you, terminate access by you or suspend any access to all or part of the Site, without notice, for any conduct that Vision Critical, in its sole and absolute discretion, believes is in violation of any applicable law or this Agreement, or is harmful to the interests of Vision Critical or any other party or the Site.
This Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, without giving effect to its conflict of laws principles or rules. You agree that the courts of British Columbia (or the federal courts of Canada, as applicable) located in Vancouver shall have personal jurisdiction over you in all actions relating to or arising out of this Agreement and you hereby waive any defense you may have of personal jurisdiction in any such actions filed in any other court or jurisdiction.
If any provision of this Agreement is found to be contrary to law, the remainder of that provision (if any) and the remaining provisions of this Agreement will remain in full force and effect.
This Agreement shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between Vision Critical and you with respect to the subject matter hereof.