Last updated: February 9, 2017
Please read carefully. These Terms and Conditions (the “Terms”) govern your access to and use of this website, which is owned and operated by Brain Vision Solutions Inc. (the “Company”). In these terms, the term “website” shall include any services offered through this website. Please return to this website and review these Terms from time to time, as they may be amended without notice. Any changes to these terms will be effective immediately upon the posting of the revised Terms on this website, with the date on which these Terms were last revised. Some products and services accessible through this website are subject to additional terms and conditions. To the extent that any provision of those additional terms and conditions conflicts with these terms, those additional terms and conditions shall prevail. If you do not agree with these Terms, do not use this website. Your use of this website indicates your acceptance of these Terms.
(1) Contents on this Website
The Company does not warrant that the contents of this website are error-free. Information on this website may contain technical inaccuracies and/or typographical or other types of errors and may be changed or updated at any time without notice. The Company may also make improvements and/or changes in the products and/or services described on this website at any time without notice. The Company will use reasonable efforts to place accurate and up-to-date information on this website but makes no warranty of its accuracy, completeness and/or timeliness. You acknowledge that your use of any information available through this website is at your own risk.
(2) Warranty Disclaimer
This website and all contents and materials on this website are provided “as is” without warranties of any kind either expressed or implied. To the fullest extent possible pursuant to the applicable law, the Company disclaims all warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. The Company does not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, this website or the contents or materials on this website or any websites linked to this website, including, without limitation, that (1) use of this website or any contents or materials on or from this website (including any software, product or service) will be uninterrupted, (2) this website will be available at any particular time or location, (3) any errors on this website will be corrected, or (4) the servers on which this website, contents and materials are available are free of viruses or other harmful components. Some jurisdictions do not allow a disclaimer of some or any implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties, to the extent prohibited.
(3) Code of Conduct
You agree that you will only use this website (including features thereof and products or services offered thereon) for their intended purpose. You further agree not to: (i) use this website, any contents or other materials on this website, or any products or services included on or available through this website for any unlawful purpose or in a unlawful way; (ii) restrict or inhibit the Company and any other user from using and enjoying this website, including by means of disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other users of this website are able to type, hacking or defacing any portion of this website, introducing any virus, worm, Trojan Horse, Easter Egg, time bomb, spyware, or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or otherwise acting in a manner that negatively affects other users’ ability to engage in real time exchanges; (iii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; or (iv) use any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of this website or any contents or other materials on this website.
The Company has the right to terminate your use of this website, or any portion of this website, with or without notice, in its sole discretion, for any reason or no reason at all, including, but not limited to, if the Company. determines (in its sole discretion) that your use of or conduct on or related to this website (i) violates these Terms or any additional terms and conditions, (ii) is harmful to the Company, its customers or vendors, another user or any other party, or (iii) violates applicable law.
(4) Limitation of Liability
In no event will the Company, or its partners, agents, affiliates, licensors, sponsors or advertisers, be liable to you or any other person or entity for any direct, indirect, special, consequential or exemplary damages, even if the Company is expressly advised of the possibility of such damages, for any use of this website, or any other hyperlinked website, including, without limitation, any lost profits, lost revenue, business interruption, loss of programs or other data on your information handling system or otherwise. Some jurisdictions do not allow the foregoing limitation of liability, so to the extent that any such limitation is impermissible, such limitation may not apply to you.
(5) Copyright and Trademark
All materials on this website, including, without limitation, all copyrights, trademarks, artwork, images and other elements (collectively, “contents”), are protected by copyrights and other intellectual property rights owned and controlled by the Company or by other parties that have licensed or otherwise provided their material to the Company. Except as stated in these Terms, none of the contents on this website may be copied, reproduced, distributed, republished, downloaded, displayed, posted, framed or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of the Company or the copyright owner. You also may not, without the Company’s permission, “mirror” any contents contained on this website on any other server. Any unauthorized use of any of the contents on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
You may only download those materials from this website that are expressly designated to be downloaded by users. Where a fee is required to download any materials, you may not download such materials without paying such fee. You agree not to use technical or other means to circumvent these terms or any content protection technology used on this website. Any unauthorized use, transmission, distribution, reproduction, reverse engineering, modification of any downloaded materials, or use thereof for an illegal purpose, is expressly prohibited.
There are inherent dangers in the use of any software available for downloading on the Internet, and the Company cautions you to make sure that you completely understand the potential risks before downloading any of the software (including the potential infection of your system by computer viruses). You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software and assume all risks associated with any downloaded software.
(7) Submission of Information or Materials
The Company does not accept unsolicited ideas for new products, packaging, marketing, advertising, research, business operations and the like. Should you ignore this policy and submit an idea to the Company, you agree that the idea becomes and remains the sole and exclusive property of the Company without further liability or compensation to you. Except for the details of your product orders, you agree that any information or materials that you submit to the Company via this website or any email links provided on this website will not be considered confidential or proprietary. All such materials shall be deemed the property of the Company, and your submission of information shall constitute an assignment to the Company of all worldwide rights, titles, and interests in such information. The Company will not be liable for any use or disclosure of such information. The Company will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose, distribute, publicly perform and transmit such information to others without limitation or compensation. The Company will be free to use any ideas, concept, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products which incorporate or otherwise rely upon such information.
By using this website you agree to indemnify the Company, and its partners, affiliates, agents, consultants, sponsors, advertisers, providers and licensors, and their respective officers, directors, employees, shareholders, agents and representatives (collectively, the “Released Parties”), and hold the Released Parties harmless from any and all claims and expenses, including attorneys’ fees, arising from your use of this website or the contents or other materials on this website, your breach of any term or condition contained in these Terms or any other agreement applicable to any specific functions or areas of this website, or your submission of information or materials to the Company by any means or from any person’s use of any account or password you maintain with the Company or this website, regardless of whether such use is authorized by you. By using this website, or submitting any ideas and/or related materials to the Company, you are hereby agreeing to release the Released Parties from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any products and services obtained or used through this website or to any disputes regarding use of ideas and/or related materials submitted to the Company.
By visiting this website, you agree that the laws applicable in the province of Quebec (Canada), without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and the Company regarding this website.
To the fullest extent permitted by applicable law, you agree that any and all disputes and claims relating in any way to or arising out of these Terms or of the website shall be brought exclusively before the competent courts in the district of Montreal (province of Quebec, Canada), to the exclusion of any other court, except that the Company may seek injunctive in any jurisdiction concerning violation of these Terms.
This website is controlled and operated by the Company from its offices within Canada. The Company makes no representation that any aspect of this website is appropriate or available for use in jurisdictions outside of Canada. Those who choose to access this website from other locations are responsible for compliance with applicable local laws. You must comply with all export and import laws and restrictions and regulations of any agency or authority relating to this website and its use.
The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by the Company under these Terms shall be deemed effective unless delivered in a writing signed by a duly appointed officer of the Company. All or any of the Company’s rights and obligations under these Terms may be assigned to a subsequent owner or operator of this website in a merger, acquisition or sale of all or substantially all of the Company’s assets. You may not assign or transfer any or all of your rights or obligations hereunder without the prior written consent of the Company, and any attempt to do so is void. Notwithstanding anything else in these Terms, no default, delay or failure to perform on the part of the Company shall be considered a breach of these Terms if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of the Company.
If any provision of these Terms shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
The Company may give notice to you by means of a general notice on this website, by electronic mail to your email address in our records, or by written communication sent by first class mail, postage prepaid, or overnight courier to your address on record.