TERMS OF USE
Towergate Software Inc. and/or Towergate Informatics Inc. (“TWG8”), as a convenience to you, grants you access to its website located at www.towergatesoftware.com and/or any of its subdomains (collectively, the “Site(s)”), conditioned on your acceptance of the terms, conditions and notices contained herein (the “Terms of Service”) as well as in the Towergate Privacy Policy linked from the home page. Accessing any part of the Site indicates that you accept these Terms of Service in full. If you do not accept these Terms of Service, do not use the Sites and leave immediately. When we use the words we or our, we mean TWG8.
These Terms of Service were last updated on March 24, 2023. We may change these Terms of Service at any time. If any modification is unacceptable to you, you shall cease using the Sites. Please review the Terms of Service each time you visit any Site. By using any Site, it means you accept the most recent version of the Terms of Service.
These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with TWG8 or its affiliates for other products or services
For the purposes of these Terms of Service, “Content” means collectively and without limitation any text, images, graphics, software (including source code, object code and related documentation), applications, search engines, specifications, audio files, videos, articles, trademarks, trade names, logos and other information or content available through the Sites.
1.Use and Restrictions
You acknowledge and agree that TWG8, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. TWG8 reserves the right to modify or discontinue, temporarily or permanently, the Site, any site features, benefits, rules or conditions, all without notice, even though such changes may affect the way you use the Site. You agree that the Site will not be liable to you or any third-party for any modification, suspension of access or discontinuance of the Site.
You further agree that you will not: (a) resell for commercial purposes services ordered through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, sell, transmit, display, reproduce, publish, license, create derivative works of or transfer any Content; (d) collect or use any listings or descriptions without TWG8’s prior express consent; (e) use any data mining, robots, or similar data gathering and extraction methods that connect with the Site or try to extract data on the Site; (f) other than for personal use as expressly permitted herein, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any manner; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any TWG8 trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without TWG8’s express prior written consent; or (i) use any meta tags or any other “hidden text” using a TWG8 name, trademark, or service brand without TWG8’s express prior written consent.
Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Service, may result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), unfair competition and communications regulations and statutes. TWG8 reserves all rights to pursue for damages due to unauthorized use of any Site.
You acknowledge and agree that TWG8 may access, preserve, and disclose your account information, all communications to and from you, all information relating to your use of the Sites, and all information relating to the your use of the Sites if TWG8 is required to do so by law or legal process or if TWG8 determines, in its sole discretion, that such action is necessary to protect the rights of TWG8, third parties, and other users of the Sites or for purposes of responding to your request for customer service. TWG8’s right to disclose any such information shall govern over any terms of our Privacy Policy.
2.Copyright
The Content and the Sites, as well as the selection and arrangement thereof: (a) are the sole property of TWG8 and/or its licensors; (b) may be protected by patent, copyright, trademark and/or other intellectual property rights; (c) may not be used except in accordance with these Terms of Service (that include other agreements referenced herein); and (d) are protected in Canada and in other jurisdictions by the Copyright Act, other legislation and by virtue of the applicable international treaties. Consequently, the material on this website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in whole or in part in any form whatsoever, including but not limited to text, audio or video, without the prior written consent of TWG8.
Other than as necessary for your use of the Sites in accordance with these Terms of Service, TWG8 grants no privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Site. Any Content owned by TWG8’s licensors may be subject to additional restrictions. Except as expressly provided in these Terms of Service, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without TWG8’s express prior written consent. TWG8 does not represent or warrant that any Content or Site does not infringe the rights of any other person or entity.
3.Trademarks
All trademarks, logos, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Sites are proprietary to TWG8 or such Marks’ respective owners and may not be used without the written permission of the owner of such Marks. You may not display or reproduce the Marks other than with the prior written consent of TWG8, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Nothing herein is to be interpreted as conferring a right to use the Marks or the material protected by the Copyright Act. The trademark “TWG8” and “Towergate Software” are exclusively owned by or used under license by TWG8.
You are expressly prohibited from using any Meta tags or any other “hidden text” utilizing TWG8’s name or trademarks without the express written consent of TWG8. Any unauthorized use of this site and/or its contents terminates the permission or license granted by TWG8.
4.Electronic Communications
When you send emails to us, you are communicating with us electronically. You consent to receive electronic communications from TWG8 either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that all agreements, notices, disclosures and other electronic communication that we provide to you electronically satisfy any legal requirement that such communication be in writing
5.Submitting Feedback
When you submit any feedback, ideas or materials about TWG8, our products and services, you hereby assign to TWG8 all right, title and interest in and to such feedback, ideas or materials and waive in favour of TWG8 all moral rights you could own therein.
6.Modifications
Any Content on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, TWG8 reserves the right, in its sole discretion, to modify the terms to charge fees for the use or access to any services or Content offered through the Sites, at any time and from time to time.
7.Indemnification
You agree to defend, indemnify and hold harmless TWG8, its affiliates and their respective directors, officers, employees, lawyers and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your use of the Site, and interactions or dealings with TWG8.
8.Links to Third Party Websites
TWG8 provides links to other websites and other resources operated by third parties as a convenience to you. TWG8 does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. Providing links to such websites on our Sites does not imply any endorsement of such website or the content, products or services offered, advertised or promoted there, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third party websites.
9.Warranties and Disclaimer
The Sites And Any Content Provided Via The Sites, Including Links, Are Provided On An “as Is” And “as Available” Basis With No Warranty Of Any Kind. To The Maximum Extent Permitted By Law, Twg8 Disclaims All Representations, Warranties And Conditions, Express Or Implied, With Respect To The Sites, The Content And Any Products Or Services, Including, Without Limitation, Warranties Or Conditions Of Merchantable Quality, Merchantability, Durability, Fitness For A Particular Purpose, Title, Non-infringement, Freedom From Errors, Omissions, Computer Viruses Or Other Malicious Or Unauthorized Code Or Programs, And Implied Warranties Or Conditions Arising From Course Of Dealing Or Course Of Performance. In Addition, Twg8 Does Not Represent Or Warrant That The Sites, Content Or Any Products, Services Or Any Other Information Accessible Via The Sites Is Accurate, Secure, Complete Or Current. As A Condition Of Your Use Of The Sites, You Warrant To Twg8 That You Will Not Use The Sites For Any Purpose That Is Unlawful Or Prohibited By These Terms Of Use.
In Addition, The Sites May Contain Typographical Errors Or Inaccuracies And May Not Be Complete Or Current. Twg8 Reserves The Right To Correct Any Errors, Inaccuracies Or Omissions And To Change Or Update Information At Any Time Without Prior Notice.
10.Limitation of Liability
Twg8 And Its Affiliates, Subsidiaries, Officers, Directors, Employees, Agents, Suppliers, Licensors And Third Party Providers Will Not Be Liable For Any Indirect, Special, Punitive, Incidental, Exemplary, Multiplied Or Consequential Damages, Lost Profits Or Revenues Or Failure To Realize Expected Savings, Or Any Damages Whatsoever, Whether Or Not Such Party Has Been Previously Advised Of The Possibility Of Such Damages, Whether Under Contract, Tort (Including Negligence) Or Any Other Theory, Including, Without Limitation, Arising Out Of Or In Connection With Any Loss Or Other Damages In Connection With Any Unavailability Or Nonperformance Of The Site, Errors, Omissions, Viruses And Malicious Code. These Limitations Will Apply Notwithstanding Any Failure Of Essential Purpose Of Any Limited Remedy.
Please note that certain laws in certain states and/or provinces do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
11.Intellectual Property Right Infringement
TWG8 may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of TWG8 or others. If you believe that your work is the subject of copyright infringement, trademark infringement or other intellectual property right infringement and appears on any Site, please provide TWG8 with all relevant information the following address: info@towergatesoftware.com
Any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
12.Governing Law
These Terms of Use are governed by the laws of the province of Quebec and the laws of Canada applicable therein (without regard to conflicts of law principles) and all disputes arising out of or relating to this Agreement are irrevocably submitted to Quebec courts, judicial district of Montreal, without giving effect to the conflict of law provisions of Quebec or your actual state, province or country of residence.
13.Miscellaneous
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be invalid, illegal or unenforceable, in any respect, under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Service will be modified, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TWG8 as a result of these Terms of Service, our Privacy Policy or any other agreement with TWG8 or your use of any Site. TWG8’s performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service or our Privacy Policy is in derogation of TWG8’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by TWG8 with respect to such use. These Terms of Service, our Privacy Policy constitute the entire agreement between you and TWG8 with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TWG8 with respect to the Sites.
All rights not expressly granted to you above are reserved to TWG8. Nothing contained in these terms shall be construed as conferring by implication, estoppels or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of TWG8, its agents, licensors or suppliers or any other person or entity.
14.Language
You and TWG8 agree that this agreement and all related documents be drawn up in the English language. Les parties confirment leur volonté que cette convention, de même tous les documents qui s’y rattachent, soient rédigés en langue Anglais.
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