Custom Integration Solutions – IT Services and Website Terms and Conditions
These Terms and Conditions (the “Terms and Conditions”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “You”, “Your”, or “your”) and Custom Integration Solutions and our respective licensors, affiliates, employees, contractors, and representatives (collectively, “We”, “we”, “Us”, “us”, “Our” or “our”). These Terms and Conditions apply to your use of our web sites, including https://www.cisnetworks.ca/ (the “Web Site”), any and all services offered by Us, including services offered in person or by, through, or in association with the Web Site (the “Services”), any and all hardware offered by or through us (the “Hardware”) and any and all software offered by or through us (the “Software”).
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING USE OF ANY OF THE WEB SITE OR THE SERVICES. BY USING THE WEB SITE, SOFTWARE, HARDWARE, OR THE SERVICES, YOU AGREE AND CONSENT TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THE TERMS OF THESE TERMS AND CONDITIONS, OR DO NOT HAVE THE AUTHORITY TO AGREE TO ANYTHING IN THESE TERMS AND CONDITIONS ON BEHALF OF YOUR ORGANIZATION, DO NOT MAKE ANY USE OF ANY OF THE WEB SITE, THE SOFTWARE, OR THE SERVICES.
- Children and Minors
The Services made available on or through the Web Site (or otherwise) are available only to, and may only be used by persons who can enter into legally binding contracts under applicable law. Without limitation to the foregoing, the Services and the Web Site are not available to minors in the jurisdiction in which they reside (e.g., persons under the age of eighteen in jurisdictions where eighteen is the age of majority) except under the supervision of an adult parent or guardian, and such parent or guardian shall be responsible for all access and use of the Web Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Web Site.
- Changes
We may, at any time and from time to time at its sole discretion, update, revise, supplement, replace, and/or otherwise modify these Terms and Conditions and/or impose new or additional rules, policies, terms, or conditions on You with respect to use of the Web Site, the Software, or the Services, without specific notice to you. Such updates, revisions, supplements, replacements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as “Revised Terms”) will be effective immediately upon the Revised Terms being posted to the Web Site or by Us otherwise making them available to You (as the case may be). It is your responsibility to periodically review these Terms and Conditions to stay informed of updates.
- Links to Third-Party Websites
Links from or to websites outside our Web Site are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for the accuracy, appropriateness, and completeness of any sites linked from or to our Web Site, the content of those sites, the third parties named therein, or their products and services. If you decide to leave the Web Site and access the third-party websites or to access, use or install any third-party content, you do so at your own risk, and you should be aware these Terms and Conditions no longer govern. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
- Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our Web Site or Services available in connection with our Web Site. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute or share any Content on our Web Site that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our Web Site’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our Web Site and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
- Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
- Errors and Omissions
Please note that our Web Site may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify or clarify information on our Web Site, except as required by law.
- Disclaimers
THE WEB SITE, SOFTWARE, HARDWARE, AND SERVICES, AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE WEB SITE AND SERVICES, ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE WEB SITE, THE SERVICES, THE HARDWARE, AND THE SOFTWARE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ON BEHALF OF OURSELVES AND OUR EMPLOYEES AND CONTRACTORS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE, THE HARDWARE, THE SOFTWARE, AND OUR SERVICES, AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE WEB SITE AND SERVICES, AND YOUR USE AND ENJOYMENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, MERCHANTABILITY, WORKMANLIKE QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR ANY PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS INCLUDING INTELLECTUAL PROPERTY RIGHTS OF ANY OTHER PARTY, IN ANY WAY ASSOCIATED WITH THE WEB SITE, THE HARDWARE, THE SOFTWARE, AND THE SERVICES. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT POSTED TO THE WEB SITE OR MADE AVAILABLE THROUGH THE WEB SITE, THE CONTENT OF ANY WEBSITES LINKED TO THE WEB SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR: (1) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OFFERINGS, AND MATERIALS MADE AVAILABLE IN CONNECTION WITH THE SOFTWARE, THE HARDWARE, AND SERVICES, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOFTWARE, THE HARDWARE, AND SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY SOFTWARE, HARDWARE, AND SERVICES AND ANY INFORMATION AND MATERIALS POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE, THE SOFTWARE, OR THE SERVICES.
You acknowledge that Software or Hardware may be manufactured and licensed by a third party supplier. Any representations and warranties relating to such third party Software or Hardware, and any liability relating to your use of such third party Software or Hardware, shall be between you and the applicable third party supplier, and not from us.
We do not warrant that our Services, the Software, the Hardware, or the Web Site or its functioning or the content and material of the Services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our Services, the Software, the Hardware, or the Web Site or the servers that make our Web Site available are free of viruses or other harmful components. The use of our Web Site is at your sole risk and you assume full responsibility for any costs associated with your use of our Web Site. We will not be liable for any damages of any kind related to the use of our Web Site.
- Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE SERVICES, THE SOFTWARE, THE HARDWARE, AND YOUR USE OF THE WEB SITE AND THE CONTENT AND MATERIALS MADE AVAILABLE BY WAY OF THE SEVICES OR THE WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES, THE SOFTWARE, THE HARDWARE, AND YOUR USE AND ENJOYMENT OF THE WEB SITE, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT PAID BY YOU FOR ANY GOODS OR SERVICES OFFERED BY US OR MADE AVAILABLE BY US. IF YOU HAVE NOT PAID US FOR ANY GOODS OR SERVICES OFFERED BY US, THEN OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, IN CONNECTION WITH THE SERVICES, THE HARDWARE, THE SOFTWARE, AND YOUR USE AND ENJOYMENT OF THE WEB SITE, WILL BE ZERO ($0).
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our Services, the Software, the Software, or the Web Site or the content or material or functionality through our Web Site, even if we are advised of the possibility of such damages. The foregoing exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of these Terms and Conditions or the provision of Services to you. If applicable law does not allow all or any part of the above disclaimers and exclusions and limitations of liability to apply to you, the foregoing disclaimers and exclusions and limitations of liability will apply to you to the maximum extent permitted by applicable law.
- Indemnification
You agree to defend, indemnify, and hold us, and our subsidiaries, affiliates, and all of our respective officers, agents, partners, shareholders, and employees, harmless from and against any loss, damage, liability, claims, cause of action, cost, expense, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising directly or indirectly out of: (1) your use of the Web Site, the Software, the Hardware, and Services, and/or your use of any materials or information obtained by your from the Web Site or in connection with the Software, the Hardware, and Services; (2) your breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights of any third party; or (5) any overt harmful act toward any other user of the Web Site. Notwithstanding the foregoing, we reserve the right, at your expense, but do not have the obligation to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims.
- Security Measures
You must implement and maintain appropriate protection in relation to the security and control of access to your personal computer, or any other computer for which we provide Services and through which you access the Software. You assume all risks associated with the use and storage of information on your personal computer or on any other computer through which you access the Web Site and/or Software.
- Updates and Maintenance
We or a third party supplier may, on a scheduled basis or an emergency basis, provide updates and maintenance on the Software, the Hardware and/or Web Site without notice. The Software, the Hardware and/or Web Site may be unavailable while we or a third party supplier provide updates and maintenance on the same.
- Inability to Perform
Certain events beyond our control may make it impossible or not commercially reasonable for us to fulfill some or all of our obligations and Services under these Terms and Conditions. We are not legally responsible to you if any event beyond our control makes it impossible or not commercially reasonable for us to fulfill some or all of our obligations and Services, and we will endeavour to resume our obligations and Services as soon as we reasonably can. These Terms and Conditions will remain in full effect despite any event beyond our control that makes it impossible or not commercially reasonable for us to fulfill some or all of our obligations and Services under these Terms and Conditions.
- Service Availability
Temporary interruptions, downtime, or lack of availability of the Software, the Hardware and/or Web Site may occur from time to time as normal events. Further, you acknowledge that we or a third party supplier may cease making any portion of the Software, the Hardware and/or Web Site available at any time and for any reason. Under no circumstances will we be held liable for any damages or loss suffered or allegedly suffered by you due to such interruptions or lack of availability of the Software, the Hardware and/or Web Site.
- Entire Agreement
The Terms and Conditions and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and Conditions and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms and Conditions, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms and Conditions, except as expressly stated in the Terms and Conditions.
- Waiver
Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
- Headings
Any headings and titles herein are for convenience only.
- Severability
If any of the provisions of the Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms and Conditions, which will continue to be valid and enforceable to the fullest extent permitted by law.
- Governing Law
Any disputes arising out of or relating to the Terms and Conditions, the Privacy Policy, use of our Web Site, or our products or services offered on our Web Site will be resolved in accordance with the laws of the Province of British Columbia without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms and Conditions or your access to or use of our Web Site must be brought before the courts of the Province of British Columbia in the City of Vancouver, British Columbia and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
- Capacity
If you are entering these Terms and Conditions on behalf of a company, corporation, or other legal entity, you represent and warrant that you have the authority to do so.
- Questions or Concerns
Please send all questions, comments and feedback to us at: info@cisnetworks.com.