Terms of Use

By visiting or using our website, www.viscount.com (“Site”), you acknowledge your assent to these terms of use (the “Terms of Use”) and agree to comply with all applicable laws and regulations, including U.S. export, and re-export control laws and regulations. Your continued use of or visitation to the Site after we have posted any updated or modified versions of these Terms of Use to the Site means that you also agree to any such updated or modified version of these Terms of Use. If you do not agree to these Terms of Use, please do not use this Site. By using this Site, you expressly agree that your rights and obligations, as well as those of Viscount Systems, Inc. (“Viscount”, “we”, “our” or “us”), shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which Convention shall not apply to any transaction conducted through or otherwise involving this Site.

Intellectual Property

This Site is owned and operated by Viscount and contains certain images and other creative content owned by Viscount (“Content”). All trademarks, logos, slogans, service marks, and trade names (collectively, the “Marks”) are owned by and proprietary to Viscount, or other respective owners which have granted Viscount the right and license to use such Marks. Except as expressly licensed by Viscount in a signed writing, no Content or Marks from the Site, or any other website owned, operated, licensed or controlled by Viscount, may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one “cache” copy of the Content and Marks in any single computer for your individual, non-commercial use only, provided you keep intact all of Viscount’s copyright and other proprietary notices. Modification of Content or Marks or use of Content or Marks for any other purpose is a violation of Viscount’s copyright and other proprietary rights. For purposes of these terms and conditions of use, the use of any such Content or Marks on any other website or networked computer environment is prohibited. Information regarding reproduction rights in connection with Content or Marks contained in this Site can be obtained by contacting our legal counsel at info@viscount.com, and including the word “legal” in the subject line.

This website and the content within it are the property of Viscount or our suppliers, and are protected by United States intellectual property laws, including but not limited to, copyright, trademark, or patent laws and international treaty provisions. The compilation, organization and display of the Content, as well as all software and inventions used on and in connection with this Site, are the exclusive property of Viscount or Viscount’s licensors. Viscount reserves all rights in the Site and its Content not specifically granted in any agreements with Viscount or in the Terms of Use.

External Sites 

The Site may contain links to other sites on the Internet that are owned and operated by

Viscount’s suppliers, customers and other third parties (the “External Sites”). You acknowledge that Viscount is not responsible for the availability of, or the content located on or through, any

External Site, or your use of or inability to use any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites. The inclusion of any link on the Site is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Viscount of any information, materials, products, or services contained in or accessible through any External Site. You acknowledge and agree that Viscount shall not be liable or responsible, directly or indirectly, for any damage or loss caused or alleged to be caused by or related to the use of or reliance on any content, goods, or services available through any External Site or third-party resource. YOU AGREE THAT ACCESS AND USE OF EXTERNAL SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON THIRD-PARTY SITES OR AVAILABLE THROUGH EXTERNAL SITES, IS SOLELY AT YOUR OWN RISK AND DISCRETION. 

Communications

Any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary (“Communications”). Except as provided in Viscount’s Privacy Policy posted on this Site, Viscount will have no obligations with respect to the Communications, and Viscount and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Toward that end, you hereby grant to us, and our successors, assigns, or designees, a worldwide, non-exclusive, royalty-free, fully transferable, fully sublicensable, irrevocable, and perpetual license to use, modify, or copy any Communications in any manner whatsoever. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law, or any other such material that may violate the privacy, publicity, or intellectual property rights of any third party. You represent and warrant that you have the rights to grant the above license and to transmit or post any Communications to the Site. In the event you do not have such sufficient rights, or transmit or post any such Communications that violate a third party’s rights, you agree to fully indemnify and hold us harmless in the event any third party asserts any claims against us based on such Communications that you transmit or post to the Site. You agree that Viscount may send communications to you via your mailing address, email, telephone or facsimile number provided by you.

Warranty Disclaimer

We make no representations or warranties (express or implied) with respect to this Site or its content, which are provided for use “as is”. We disclaim all warranties, express or implied, including without limitation the implied warranties of title, non-infringement, merchantability, quality, and fitness for a particular purpose, with respect to this Site and any website with which it is linked, and with respect to the products or services offered on this Site. You are solely responsible for the appropriateness of the Site, its content, and the products and services offered by Viscount on the Site for your intended application and use. Viscount does not warrant that this Site, its content, or the products and services it offers on the Site meet your requirements. Subject to the terms of any agreement between you and Viscount, its suppliers and licensors shall not be liable for any direct, indirect, special, consequential, incidental, or punitive damages, even if Viscount, its suppliers or licensors have been advised of the possibility of such damages. Certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. We also make no representations or warranties as to whether the information accessible via this Site, or any website with which it is linked, is accurate, complete, or current. You accept that our shareholders, owners, officers, directors, employees, and other representatives, and our subsidiaries and their respective shareholders, owners, officers, directors, employees, and other representatives, shall have the benefit of this clause.

Except for actions for preliminary injunctive relief and actions to enforce the decisions of the arbitrators, all disputes arising out of or related to your use of the Site, as well as the scope, application, interpretation and construction of the terms and conditions of use of the Site, shall be referred to and finally resolved by a single arbitrator pursuant to the Arbitration Act, R.S.B.C., 1996, C.55, as amended. The arbitration hearings and all meetings pursuant to this section shall be held in Burnaby, BC and shall be conducted in English. If you and Viscount cannot agree upon a single arbitrator within fifteen (15) days after you or Viscount demands arbitration, you and Viscount shall select one arbitrator knowledgeable of the computer service industry and the Internet and notify the other of its selection, and such two arbitrators shall select a third. The arbitrator(s) shall conduct a hearing within 30 days after their selection. A majority of the arbitrators shall determine the decision and award, which shall be rendered within five (5) days after the completion of the hearing. The decision of the arbitrator(s) shall be final and binding upon the parties both as to law and to fact, and shall not be appealable to any court in any jurisdiction. The expenses of the arbitrators shall be shared equally by you and Viscount.

Viscount assumes no responsibility for, 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. Viscount accepts no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, or legal restrictions and censorship.

Change or Termination

We reserve the right, at our sole discretion and without prior notice, to modify or replace these Terms of Use, or change the Site, stop providing the Site, applications or services, or create usage limits for the Site, or change, improve or correct the information, materials and descriptions on the Site at any time for any reason. Certain provisions of these Terms of Use may be superseded by designated notices or terms located on particular pages of this Site. While Viscount uses reasonable efforts to include accurate and up-to-date information on the Site, Viscount makes no warranties or representations as to its accuracy. Viscount assumes no liability or responsibility for any errors or representations in the content of this Site. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. We may permanently or temporarily terminate or suspend your access to the Site without notice or liability, for any reason or for no reason, including if in our sole determination you violate any provision of these Terms of Use. Any dated information is published as of its date only, and Viscount does not undertake any obligation or responsibility to update or amend any such information. You agree that Viscount will not be liable to you or to any third party for any such modification, suspension or discontinuance.

Eligibility for Use of the Services

The Site is only available to individuals who are at least eighteen (18) years old. You represent and warrant that if you are an individual, you are at least eighteen (18) years old, that you are fully able and competent to enter into the Terms of Use set forth in this agreement, and that all information you submit on this Site is truthful, accurate and complete. If you are accessing the Site on behalf of an entity, such as your employer or a company you work for or control, you warrant and represent that you have the legal authority to bind that entity to these Terms of Use.

Applicable Law and Jurisdiction

The Site is maintained in Canada. By accessing the Site, you consent to and authorize the export of Personally Identifiable Information to Canada and its storage and use as specified in our Privacy Policy. This Privacy Policy shall be governed by, construed and entered in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein. You consent to the in personam jurisdiction and venue of such courts. YOU HEREBY WAIVE YOUR RIGHT TO A TRIAL BY JURY WITH RESPECT TO ANY CLAIM, ACTION OR PROCEEDING, DIRECTLY OR INDIRECTLY, ARISING OUT OF, OR RELATING TO, THIS AGREEMENT TO THE FULLEST EXTENT PERMITTED BY LAW.

These Terms of Use were last updated on September 1, 2015.

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