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TANDsoft Company Website - Terms of use and legal restrictions

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.

TANDsoft Consultants Incorporated. | Copyright 2013 | All Rights Reserved. | Legal