Terms + Conditions

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.

Privacy Statement

This privacy policy sets out how Scalar uses and protects any information that you give Scalar when you use this website.

Scalar is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Scalar may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from December 10th, 2008.

What we collect

We may collect the following information:

name and job title
contact information including email address
demographic information such as postcode, preferences and interests
other information relevant to customer surveys and/or offers
What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.
Security

We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used (this includes in online advertising). This helps us analyze data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website. Here’s how to opt-out of cookie tracking.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

You may choose to restrict the use of your personal information in the following way:

if you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by writing to or emailing us at marketing@scalar.ca
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law. We may use your personal information to send you promotional information about third parties which we think you may find interesting.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please write to 1 Toronto Street, 3rd Floor, Toronto ON< M5C 2V6.

If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible, at the above address. We will promptly correct any information found to be incorrect.

Please contact us to find out more.

www.scalar.ca