Terms of Use

General

Heuristic Management Systems Inc. ("HMS") maintains this Internet site (the "Site") for informational and communication purposes. Your access to and use of this Site is subject to the following Terms and Conditions of Use and Privacy Statement ("Terms"), as well as any modifications issued by HMS to these Terms and all applicable laws and regulations. By using this Site, you agree and will be deemed to be bound by these Terms. If you do not want to be bound by these Terms, do not use this Site.

Among other things, this Site provides general information concerning various HMS products and services and the opportunity to obtain additional information concerning those products and services or to purchase them. These Terms and the information provided in this Site in no way override the terms and conditions of your purchase of any product or service except as specifically provided therein.

Changes in Terms, Termination

HMS shall have the right at any time and without prior notice to revise the terms and provisions of these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. Any access or use of this Site by you after notice of revisions or additions to these Terms shall constitute and be deemed to be your agreement to such revisions or additions.

Site Content

The information and materials posted on this Site may contain errors, omissions, or typographical errors or may be out of date. HMS may change, delete, or update any posted information or materials at any time and without prior notice. The information and materials posted on this Site are provided for informational purposes only and are not binding on HMS in any way except to the extent they are specifically indicated to be so.

Links to Third Parties

Links to other Internet sites operated by third parties, including members of HMS's distributor network or HMS's alliance partners, do not constitute sponsorship, endorsement, or approval by HMS of the content, policies, or practices of such linked sites. Linked sites are not operated, controlled, or maintained by HMS, and HMS is not responsible for the availability, content, policies, or practices of linked sites. Links to other sites are provided for your convenience only, and you access them at your own risk.

Proprietary Rights

You acknowledge and agree that the Materials available on the Site are or may be protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws and any unauthorized use of the Materials on this Site may violate such laws. Except as expressly granted herein, HMS and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks or trade secret information with respect to the Materials. Except as expressly authorized by HMS, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit, or create derivative works from such Materials. You may download, view, copy and print the documents and information available on this Site solely for personal, informational, non-commercial purposes. No other use of the Materials is authorized.

Reproduction, copying, or redistribution of the Materials for commercial purposes or of any design elements on this Web site is strictly prohibited without the express prior written permission of HMS. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please contact HMS.

Any use of software and accompanying documentation downloaded from this Site is subject to the terms of a software licensee between you and HMS. You must agree to the terms of the license prior to installing or using the software.

Disclaimer of Warranty

HMS makes no warranties or representations whatsoever concerning this Site or any linked site or its content, including the availability of any site or the information and materials on it or the accuracy, completeness, or timeliness of that information and materials. HMS also does not warrant or represent that your access to or use of any site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the site is free of computer viruses or other harmful components. Without limiting the foregoing, EVERYTHING ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

Under no circumstances shall HMS, its subsidiaries, or affiliates be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the Site. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if HMS its subsidiaries or affiliates have been advised of the possibility of such damage.

Submissions

Other than your e-mail address or customer information, which is subject to the Privacy Policy located on this Site, any communication or material you transmit to this Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary and may be used by HMS, members of its authorized dealer network, its corporate partners, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

Furthermore, HMS, members of its distributor network, its alliance partners, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.

Indemnification

You agree to defend, indemnify, and hold harmless HMS, members of its authorized dealer network, its corporate partners, and their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys' fees and court costs, arising out of or relating to your breach of these Terms or your access to or use of this Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site and any product or service provided to you arising out of or relating to your use of the Site.

Governing Law and Jurisdiction

By visiting this Heuristic Management Systems Inc. site, you agree that the laws of the province of Quebec, district of Montreal, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Heuristic Management Systems Inc. or its affiliates.

Disputes

Any dispute relating in any way to your visit to this Heuristic Management Systems Inc. site, the information obtained while visiting this Heuristic Management Systems Inc. site or to products you purchase through this Heuristic Management Systems Inc. site shall be submitted to confidential arbitration in the province of Quebec, except that, to the extent you have in any manner violated or threatened to violate Heuristic Management Systems Inc.'s intellectual property rights, Heuristic Management Systems Inc. may seek injunctive or other appropriate relief in any provincial or federal court in the province of Quebec, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing in the Civil Code of Quebec. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

International Use

HMS makes no representation that the Materials on this website are appropriate or available for use in locations outside the United States or Canada, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this website from locations outside the United States or Canada do so on their own initiative and are responsible for compliance with local laws. You may not access, download, use or export this Site, the content or services or the Materials provided on this Site in violation of U.S. or Canadian export laws or regulations. You agree to comply with all export laws and regulations and restrictions of U.S. and Canadian and any foreign laws, and not to directly or indirectly provide or otherwise make available the services and products provided on this Site in violation of any such laws, regulations or restrictions, or without obtaining all necessary approvals required by law.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and HMS with respect to this website and the Materials and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and HMS with respect to this website and the Materials. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

For more information on our copyright and trademarks, consult our Copyright and Trademarks page.

For more information on our privacy policy, consult our Privacy page.