Terms of Services
Please read these rules carefully and often as they are subject to change.
Terms and Conditions
- Description of Service
- Copyright Information
- Use Of Images
- Trademark Information
- MicroSurvey Use of Material
- Links and Advertisers
- MicroSurvey User Conduct
- Disclaimer of Warranties
- International Use
- Notices and Procedures for Making Claims of Copyright Infringement
- General Information
1. Description of Service
MicroSurvey currently provides users with access to a rich collection of on-line resources, including, information regarding MicroSurvey products, support services and a system for purchasing MicroSurvey products. You understand and agree that the Site is provided "as is" and that MicroSurvey assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access or utilize free public access available through public libraries. In addition, you must provide or obtain access to all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. MicroSurvey maintains this Site for your personal entertainment, information and education. Please feel free to browse the Site. You may print or download material owned by MicroSurvey displayed on the Site for noncommercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials. You may not, however, sell, reverse engineer, distribute, modify, transmit, reuse, repost, use, or create derivative works based on the content of the Site in whole or in part for any purpose, without written permission from MicroSurvey or the owner of such content in each instance.
2. MicroSurvey Policy
3. Copyright Information
You should assume that everything you see or read on the Site is copyright protected unless otherwise noted, and may not be used except as provided in these Terms and Conditions, without the written permission of MicroSurvey. MicroSurvey neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with MicroSurvey.
4. Use Of Images
Images of people or places displayed on the Site are either the property of, or used with permission by, MicroSurvey. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
5. Trademark Information
The trademarks, logos, and service marks displayed on the Site are registered and common law trademarks of MicroSurvey and others (collectively the "Trademarks"). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks without the written permission of MicroSurvey or such third party that may own the Trademarks. Your use of the Trademarks, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that MicroSurvey will aggressively enforce its intellectual property rights to the fullest extent of the law.
6. MicroSurvey Use of Material.
7. Links and Advertisers
MicroSurvey has not reviewed any or all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the recommendation, endorsement or liability of MicroSurvey. Your correspondence or business dealings with or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. MicroSurvey shall not be liable for any loss or damage of any sort incurred as the resort of any such dealings or the result of the presence of such advertisers on the Site. We welcome links to the Site. You are free to establish a hypertext link to this Site so long as the link and use of the link does not state or imply any sponsorship, endorsement or affiliation of you or your site by MicroSurvey. Without the prior written permission of MicroSurvey, you may not frame any of the content of the Site, or incorporate into another Web site or other service the intellectual property of MicroSurvey or any of its licensors.
8. MicroSurvey User Conduct
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing,” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. MicroSurvey will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
MicroSurvey makes no warranties or representations as to the Site or its accuracy. MicroSurvey assumes no liability or responsibility for any errors or omissions in the content or operation of the Site. In the event a MicroSurvey product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, MicroSurvey shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. MicroSurvey shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, MicroSurvey shall issue a credit to your credit card account in the amount of the incorrect price.
10. Disclaimer of Warranties
Your use of and browsing in the Site are at your risk. You understand and agree that MicroSurvey assumes no responsibility for the timeliness, deletion or mis-delivery of any communications. MicroSurvey, ANY OF ITS AFFILIATES, ITS ADVERTISERS AND THEIR DIRECTORS, OFFICERS AND EMPLOYEES, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. IN NO EVENT SHALL MicroSurvey BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MicroSurvey HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. MicroSurvey also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.
11. International Use
Software and other materials from this Site may also be subject to export controls of Canada and/or such other country whose export restriction may apply. Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported to any such countries, companies and/or individuals that may be subject to such export restrictions. MicroSurvey does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the Export Laws.
MicroSurvey reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice for any reason or no reason whatsoever. You agree that MicroSurvey shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.
13. Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement should be sent to the Site's designated agent whose address is set out below. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. MicroSurvey respects the intellectual property of others, and we ask our users and visitors to do the same. MicroSurvey will process and investigate notices of alleged infringement and will take appropriate actions under any applicable intellectual property laws. Upon receipt of notices, MicroSurvey will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MicroSurvey the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit MicroSurvey to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
MicroSurvey Software, Inc.
Notices of claimed copyright infringement should be directed to:
#205-3500 Carrington Road
West Kelowna, BC, Canada V4T 3C1
Phone: (250) 707-0000
THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MICROSURVEY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
14. General Information
This constitutes the entire agreement between you and MicroSurvey regarding use of the Site, superseding any prior agreement between you and MicroSurvey regarding use of the Site. MicroSurvey may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. The failure of MicroSurvey to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such provision. Your use of this Site shall be governed in all respects by the laws of the province of British Columbia, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of MicroSurvey products) shall be in the ordinary courts at the place of business of MicroSurvey in West Kelowna, BC. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of MicroSurvey products) must be commenced within one (1) year after the claim or cause of action arises. MicroSurvey’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. MicroSurvey may assign its rights and duties under this Agreement to any party at any time without notice to you. MicroSurvey makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal or prohibited. Those who choose to access this Site from locations outside Canada do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of any export laws and regulations. Any claim relating to the materials shall be governed by the substantive laws of Canada.
Copyright © 2014 MicroSurvey Software Inc. All rights reserved.
Policy last updated November 14, 2008