ATTENTION: PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY
BEFORE USING THIS WEBSITE (“SITE”). USING THIS SITE INDICATES THAT
YOU HAVE READ AND ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE
TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT,
DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT
TANDsoft COMPANY MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY,
“MATERIALS”) AND ANY SERVICES THAT TANDsoft MAY PROVIDE THROUGH
THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES
ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “TANDsoft
WEBSITES.”
Use of TANDsoft Websites
Except as set forth in “Other agreements; software, services or access”, below,
TANDSOFT authorizes you to use the TANDSOFT Websites only for your own
personal, non-commercial purposes. Use of the TANDSOFT Websites for any
public or commercial purpose is strictly prohibited. If you make copies of any of
the Materials, you must retain on any such copies all copyright and other proprietary
notices contained in the original Materials. You may not modify, publicly display, publicly
perform, or distribute the Materials. As between you and TANDSOFT, TANDSOFT
owns the TANDSOFT Websites. The TANDSOFT Websites is protected under
Canadian and international copyright laws. Any unauthorized use of the TANDSOFT
Websites may violate copyright, trademark, and other laws.
Prohibited uses
You agree not to use the TANDSOFT Websites (including, without limitation, any
Materials or Services you may obtain through your use of the TANDSOFT Websites):
(a) in a manner that violates any local, state, national, foreign, or international statute,
regulation, rule, order, treaty, or other law (each a “Law”); (b) to stalk, harass, or harm
another individual; (c) to impersonate any person or entity or otherwise misrepresent
your affiliation with a person or entity; or (d) to interfere with or disrupt the TANDSOFT
Websites or servers or networks connected to the TANDSOFT Websites. You further
agree not to (x) use any data mining, robots, or similar data gathering or extraction
methods in connection with the TANDSOFT Websites; or (y) attempt to gain unauthorized
access to any portion of the TANDSOFT Websites or any other accounts, computer
systems, or networks connected to the TANDSOFT Websites, whether through hacking,
password mining, or any other means.
Disclaimers
THE TANDSOFT WEBSITES IS PROVIDED "AS IS" AND “WITH ALL FAULTS” AND
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE TANDSOFT
WEBSITES IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE
DEFECTIVE, YOU, AND NOT TANDSOFT, ASSUME THE ENTIRE COST OF ALL
NECESSARY SERVICING AND REPAIR. TANDSOFT EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH
RESPECT TO THE TANDSOFT WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
TANDSOFT MAKES NO WARRANTY THAT THE TANDSOFT WEBSITES WILL MEET
YOUR REQUIREMENTS OR THAT THE TANDSOFT WEBSITES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE TANDSOFT
WEBSITES WILL BE CORRECTED. TANDSOFT MAKES NO WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TANDSOFT
WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE TANDSOFT WEBSITES. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE TANDSOFT
WEBSITES OR FROM TANDSOFT, ITS PARENTS, SUBSIDIARIES, OR OTHER
AFFILIATED COMPANIES, OR ITS OR THEIR SUPPLIERS (OR THE RESPECTIVE
OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES)
(COLLECTIVELY, “THE TANDSOFT PARTIES”) SHALL CREATE ANY WARRANTY.
TANDSOFT DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation of liability
IN NO EVENT WILL ANY OF THE TANDSOFT PARTIES BE LIABLE FOR (A) ANY
INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES
OR (B) ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE
RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL,
LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES),
ARISING OUT OF OR IN CONNECTION WITH THE TANDSOFT WEBSITES
(INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS
OF USE OF THE TANDSOFT WEBSITES), WHETHER SUCH DAMAGES ARE
BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL
THEORY AND EVEN IF ANY TANDSOFT PARTY HAS BEEN ADVISED (OR SHOULD
HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or
exclusion of liability for certain damages. Accordingly, some of the above disclaimers and
limitations of liability may not apply to you. To the extent that any TANDSOFT Party may not,
as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope
and duration of such warranty and the extent of the TANDSOFT Party’s liability shall be the
minimum permitted under such applicable law.
Other agreements; software, services or access
TANDSOFT may provide products (such as software) services (such as software maintenance,
installation, or training) or access to TANDSOFT Websites under the terms of a separate
agreement between you and TANDSOFT (each, an “Other Agreement”). TANDSOFT’s
obligations with respect to any product, service, or access that it makes available to you
under any Other Agreement shall be governed solely by the Other Agreement under which
such product or service is provided and these Terms shall not be deemed or construed to
alter the terms of such Other Agreements.
For example, the use of any software that is made available to download from the TANDSOFT
Websites ("Software") is governed by the terms of the end user license agreement, if any,
which accompanies or is included with the Software ("License Agreement"). You may not install
any Software that is accompanied by or includes a License Agreement unless you first have
agreed to the License Agreement terms. If no end user license agreement accompanies or is
included with the Software, then such Software shall be deemed to be Materials hereunder and
these Terms shall govern your use of such Software. FURTHER REPRODUCTION OR
REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH
REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE
AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.
Modifications to TANDSOFT Websites
TANDSOFT reserves the right to modify, suspend, or discontinue the TANDSOFT
Websites at any time without notice to you. For example, TANDSOFT may make changes to the
Materials and/or Services, or to the products and prices described in them, at any time without notice.
The Materials and Services may be out of date and TANDSOFT makes no commitment to update the
Materials and Services whatsoever. Information published on a Site may refer to products, programs,
or services that are not available in your country. Consult your local TANDSOFT business contact for
information regarding the products, programs, and services that may be available to you.
Links to third-party websites
Links on the TANDSOFT Websites to third-party websites are provided solely as a convenience to you.
If you use these links, you will leave the TANDSOFT Websites. TANDSOFT is not obligated to review
such third-party websites, does not control such third-party websites, and is not responsible for any
such third-party websites (or the products, services, or content available through the same). Thus,
TANDSOFT does not endorse or make any representations about such third-party websites, any
information, software, products, services, or materials found there or any results that may be obtained
from using them. If you decide to access any of the third-party websites linked to from the TANDSOFT
Network, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following
terms and in compliance with all applicable laws. Absent TANDSOFT’s written authorization
otherwise, a website that links to this Site:
(a) may link to, but shall not replicate, any Materials (including any TANDSOFT logo);
(b) shall not create a browser or border environment around any Materials;
(c) shall not imply that TANDSOFT endorses such website or any products, services, or content available through such website;
(d) shall not misrepresent its relationship with TANDSOFT;
(e) shall not present false or misleading information about TANDSOFT, its products, or its services;
(f) shall not contain content that could be construed as distasteful, offensive, or controversial; and
(g) shall contain only content that is appropriate for all age groups.
International and export issues
TANDSOFT administers this Site from its offices. TANDSOFT makes no representation that the
TANDSOFT Websites is appropriate or available for use outside Canada and access to the
TANDSOFT Websites from territories where its contents are illegal or restricted is prohibited.
If you choose to access the TANDSOFT Websites from outside Canada, you do so on your
own initiative and are responsible for compliance with applicable Laws. You agree to comply
with all export and re-export restrictions and regulations of the Department of Commerce and
any other Canadian or foreign agencies and authorities in connection with your use of the TANDSOFT
Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a
prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the
Materials may not, in violation of any Laws, be exported or re-exported (a) into any Canada
embargoed countries.
Indemnification
You agree to indemnify, defend, and hold harmless the TANDSOFT Parties from and against
any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable
attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone
using your account’s) violation of these Terms. TANDSOFT reserves the right to assume
the exclusive defense and control of any matter otherwise subject to indemnification by you
and, in such case, you agree to cooperate with TANDSOFT’s defense of such claim.
General
These Terms, together with any additional terms to which you agree when using particular
elements of the TANDSOFT Websites, constitute the entire and exclusive and final statement
of the agreement between you and TANDSOFT with respect to the subject matter hereof,
superseding any prior agreements or negotiations between you and TANDSOFT with respect
to such subject matter. The TANDSOFT Parties are third party beneficiaries with respect to the
provisions in these Terms that reference them. These Terms and the relationship between you
and TANDSOFT shall be governed by the laws of Canada as applied to agreements made,
entered into, and performed entirely in Canada by Canadian residents, notwithstanding your
actual place of residence. All lawsuits arising from or relating to these Terms or your use of the
TANDSOFT Websites shall be brought in the Provincial courts located in Quebec, Canada,
and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for
such purpose. The failure of TANDSOFT to exercise or enforce any right or provision of these
Terms shall not constitute a waiver of such right or provision. If any provision of these
Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the
court should endeavour to give effect to the intentions of TANDSOFT and you as reflected in the
provision, and that the other provisions of these Terms remain in full force and effect. The section
titles in these Terms are for convenience only and have no legal or contractual effect. These
Terms shall remain in full force and effect notwithstanding any termination of your use of the
TANDSOFT Websites. These Terms will be interpreted without application of any strict
construction in favour of or against you or TANDSOFT. These Terms, and any rights and
licenses granted hereunder, may not be transferred or assigned by you, but may be
assigned by TANDSOFT without restriction.
Modifications to these Terms
TANDSOFT may, in its sole and absolute discretion, change these Terms from time to time.
TANDSOFT will post notice of such changes on the applicable Site. If you object to any such
changes, your sole recourse shall be to cease using the TANDSOFT Websites. Continued
use of the TANDSOFT Websites following notice of any such changes shall indicate your
acknowledgement of such changes and agreement to be bound by the terms and conditions
of such changes. Certain provisions of these Terms may be superseded by expressly-designated
legal notices or terms located on particular pages of the TANDSOFT Websites and, in such
circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated
into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.
