Web Site Terms of Use
WEB SITE LEGAL TERMS OF USE
Welcome to www.scalar.ca (the "scalar web site" or "Site"). The services on this Site are offered to you by scalar decisions inc. ("scalar") subject to the following terms (the "Terms"). If you access and use the scalar web site you accept and agree to be bound by and comply with the Terms. If you do not accept the Terms you may not use the scalar web site; please immediately log off this Site.
scalar does not sell products for children. If you are under the age of 18 you may use the scalar web site only with the involvement of a parent or guardian.
Use of the scalar Web Site
scalar maintains this Site for your information, education and communication.
You may not reproduce, distribute, modify, display or prepare derivative
works based on or otherwise use the content of the Site without
scalar's prior written permission.
You may not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any scalar server or the network connected to any scalar server or interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to scalar information or services, other accounts, computer systems or networks or to any service provided by scalar through hacking, password mining or any other means. You may not obtain or attempt to obtain any scalar information or services through any means not intentionally made available through the Site.
Communications to scalar decisions inc.
When you visit the scalar web site or send e-mail to us you are
communicating with us electronically. You consent to receive communications
from us electronically. We will communicate with you by e-mail.
You agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirements
that such communications be in writing.
However, in your communications with scalar please keep in mind that scalar does not accept or consider any creative ideas or suggestions relating to products or marketing plans unless it has specifically requested them. The sole purpose of this policy is to avoid potential misunderstandings or disputes when scalar's products or marketing strategies might seem similar to ideas submitted to scalar. If, despite our request that you not send us your ideas and materials, you still send them, please understand that scalar makes no assurances that your ideas and materials will be treated as confidential or proprietary.
By posting, uploading, inputting, providing or submitting any materials you are granting scalar and its sublicensees permission to use your materials in connection with the operation of their Internet businesses including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and re-format your materials; to publish your name in connection with your materials; and the right to sublicense such rights. No compensation will be paid with respect to the use of your materials.
Notice Specific to Software Available on this Site
Any software that is made available to download ("Software")
is the copyrighted work of scalar and/or its suppliers. Use of the
Software is governed by the terms of the end user license agreement,
if any, which accompanies or is included with the Software ("License
Agreement"). An end user will be unable to install any Software
that is accompanied by or includes a License Agreement until he
or she first agrees to the License Agreement terms.
The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or re-distribution of the Software not in accordance with the License Agreement is expressly prohibited by law.
The Software is warranted, if at all, only according to the terms of the License Agreement. Except as warranted in the License Agreement, scalar hereby disclaims all warranties and conditions with regard to the Software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.
For your convenience, scalar may make available tools and utilities for use and/or download. scalar does not make any assurances with regard to the accuracy of the results or output that derive from the use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available.
No Warranties
scalar provides the web site and the information, material and content
(collectively, the "Information") on an "as is, where
is" basis and does not make any express or implied warranties,
representations, endorsements or conditions with respect to the
scalar web site or the Information, including, without limitation,
warranties as to merchantability, operation, non-infringement, usefulness,
completeness, accuracy, currency, reliability and fitness for a
particular purpose. Further, scalar does not represent or warrant
that the web site will be available and meet your requirements,
that access will be uninterrupted, that there will be no delays,
failures, errors or omissions or loss of transmitted information,
that no viruses or other contaminating or destructive properties
will be transmitted or that no damage will occur to your computer
system. You have sole responsibility for adequate protection and
backup of data and/or equipment and to take reasonable and appropriate
precautions to scan for computer viruses or other destructive properties.
scalar shall not be liable for any direct, indirect, incidental,
consequential, special, exemplary or punitive damages arising out
of your use of or inability to use the scalar web site or the Information
or any action or decision made by you in reliance on the scalar
web site or the Information or any unauthorized use or reproduction
of the scalar web site or the Information even if scalar has been
advised of the possibility of these damages.
General
The information, material and content provided in the scalar web
site may be changed at any time without notice. Changes may be made
to the Terms at any time without notice by updating this posting.
You agree to review the Terms regularly and your continued access
or use of the scalar web site will mean that you agree to any changes.
scalar controls and operates this Site from its headquarters in
Toronto, Ontario, Canada and makes no representation that the Site
is appropriate or available for use in other locations. If you use
this Site from other locations you are responsible for compliance
with applicable local laws. If any portion of these Terms is held
to be unenforceable, the unenforceable portion shall be construed
in accordance with applicable law to the greatest extent possible
and the balance of the provisions shall remain in full force and
effect. Any cause of action you may have with respect to this Site
must be commenced within one (1) year after the claim or cause of
action arises or such claim or cause of action is barred. These
Terms will be governed by and construed in accordance with the laws
of the Province of Ontario and the laws of Canada applicable therein,
without giving effect to any principles of conflicts of laws. All
disputes, controversies or claims arising out of or in connection
with the Site shall be submitted to and be subject to the jurisdiction
of the courts of the Province of Ontario. You submit and attorn
to the exclusive jurisdiction of the courts of the Province of Ontario
to finally adjudicate or determine any suit, action or proceeding
arising out of or in connection with the scalar web site.
Copyrights
You should assume that everything you see or read on the scalar
web site is copyrighted unless otherwise noted and may not be used
except as provided in these Terms or in the text on the scalar web
site without the written permission of scalar. scalar neither warrants
nor represents that your use of materials displayed on the scalar
web site will not infringe rights of third parties not owned by
or affiliated with scalar. Images, photographs or illustrations
displayed on the web site are either the property of, or used with
permission by, scalar. The use of these materials by you or anyone
else authorized by you, is prohibited unless specifically permitted
by these Terms or specific permission provided elsewhere on the
scalar web site. Any unauthorized use of the images may violate
copyright laws, trade mark laws, the laws of privacy and publicity
and communications regulations and statutes.
Trade Marks
The trade marks, logos and service marks (collectively, the "Trade
Marks") displayed on the scalar web site are registered and
unregistered trade marks of scalar. Nothing contained on the scalar
web site should be construed as granting, by implication, estoppel
or otherwise any license or right to use any Trade Mark displayed
on the scalar web site without the written permission of scalar
or such third party that may own the Trade Mark displayed on the
scalar web site. Your misuse of the Trade Marks displayed on the
scalar web site or any other content on the scalar web site except
as provided herein, is strictly prohibited.
Privacy and Protection of Personal Information
scalar is concerned about the protection of on-line privacy for
all visitors to the scalar web site. Please see our full Privacy
Policy relating to the collection and use of your information
which also governs your visit to the scalar web site, to understand
our practices.
Please contact us to find out more.