Website terms and conditions of use

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Please read these Website Terms and Conditions of Use (“Terms of Use”) carefully.  They apply to www.heurisko-inc.com and www.heurisko-usa-inc.com (commonly defined as the “Site”) operated, controlled and administered by Heurisko USA Inc. (“HEURISKO”, “us”, "we" or "our") from its offices within the United States. Your access to and use of the Site is subject to these Terms of Use and all applicable laws. HEURISKO makes no representation that content, materials or information made available on or accessed through the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited.  You may not use the Site or export the information contained herein in violation of the United States export laws and regulations. If you access the Site from locations outside of the United States, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the United States and other countries. 

HEURISKO may change or modify these Terms of Use, in whole or in part, at any time by updating this posting without prior notice to users or liability. By accessing, browsing and/or using the Site, including all content, materials and information made available on or accessed through the Site - whether you are a "Visitor" (which means that you simply browse the Site), a “Contact User” (which means that you have provided HEURISKO with data through the Contact Us page) or a "Registered User" (which means that you have registered with HEURISKO) - you acknowledge that you have read, understood and agree to be bound by these Terms of Use and to comply with all applicable laws. The terms "you" or "user", as used in these Terms of Use, refer to a Visitor, a Contact User or a Registered User.

The Site’s information collection and use policies are set forth in the Site's Privacy Policy set forth at http://www.heurisko-inc.com/privacy.

Proprietary Rights. The Site and its contents, including text, graphics, images, photographs, illustrations, videos, audio, code, data, trademarks, service marks, logos, taglines, slogans, trade names, documents, data sheets, white papers, technical guides, press releases and other material, made available on or accessed through the Site (collectively, the “Materials”) and any and all intellectual property and proprietary rights inherent therein or appurtenant thereto, are owned by HEURISKO or its licensors and are protected under both United States and foreign laws.  Your use of the Site does not grant to you ownership of any of the Materials.  Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of authorized personnel of HEURISKO, its licensors or the otherwise applicable rights holders.

The trademarks, service marks, logos, taglines, slogans and trade names (collectively, the "Marks") displayed on the Site or on the Materials are either registered and/or unregistered Marks of HEURISKO, its licensors or other rights holders and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their respective rights holders or that otherwise are likely to cause customer confusion, or in any manner that disparages or discredits their respective rights holders.  All Marks not owned by HEURISKO that appear on the Site or on the Materials are the property of their respective owners.  Nothing contained on the Site or on the Materials should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Mark displayed on the Site or on the Materials without the written permission of HEURISKO or the otherwise applicable rights holders.  Your misuse, including any unauthorized use, of the Marks displayed on the Site or on the Materials is strictly prohibited.

Limited License.  Subject to your compliance with these Terms of Use, you may (a) access and view the Materials on the Site on your computer or other device and (b) download any of the Materials displayed and identified on the Site as specifically available for downloading solely for your own lawful, non-commercial or personal use, provided that you retain all copyright and other proprietary notices contained in the Materials. Any rights not expressly granted herein are reserved. Notwithstanding the foregoing, any other Materials that are made available on or accessed through the Site with their own license terms, conditions and notices shall be governed by such terms, conditions and notices.  In the event of any conflict, such additional or different terms, conditions and notices will prevail over these Terms of Use.

Except for the limited permission in the preceding paragraph, HEURISKO does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights or other proprietary or intellectual property rights of HEURISKO’ or of any third party, whether by estoppel, implication or otherwise.

The Materials may not be modified, copied, posted on any network computer or broadcasted in any media. You may not mirror the Site or any of the Materials on another web site or in any other media.

Use Restrictions and Prohibited Conduct.  Any commercial or promotional distribution, publishing or exploitation of the Site or any of the Materials is strictly prohibited unless you have received the express prior written permission from authorized personnel of HEURISKO, HEURISKO’s licensors or the otherwise applicable rights holders.  Other than as expressly allowed herein, you may not download, post, display, publish, copy, reproduce, distribute, transmit, modify, perform, broadcast, transfer, create derivative works from, sell or otherwise exploit the Site or any of the Materials.  You agree that you may not alter, edit, delete, remove, otherwise change the meaning or appearance of, or repurpose any of the Materials. You further agree that you may you alter or remove any trademarks, trade names, logos, service marks, or any other proprietary content or proprietary rights notices contained in the Materials.  You acknowledge that you do not acquire any ownership rights by downloading any copyrighted Materials made available on or accessed through the Site.

You agree that you shall not: (a) hold yourself out as a representative, agent or employee of HEURISKO and/or impersonate any individual or entity or misrepresent your affiliation with any individual or entity; (b) use the Site in any manner with the intent to interrupt, damage, disable, overburden or impair the Site; (c) use the Site or any of the Materials in violation of HEURISKO's or any third party's intellectual property or other proprietary or legal rights; (d) use the Site or any of the Materials in violation of any applicable laws; (e) attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt or otherwise alter or interfere with the Site, or make any unauthorized use thereof; (f) obtain or attempt to obtain any content, materials or information through any means not intentionally made publicly available or provided for through the Site; (g) attempt to gain unauthorized access to the Site through hacking, password mining or any other means; or (h) use or attempt to use any “spider”, “robot”, “bot”, “scraper”, “data minder” or any other program, device or algorithm, process or methodology to access, acquire, copy or monitor the Site (or portions thereof) or the Materials (or portions thereof).  This provision does not prevent you from using RSS feeds that may be provided on the Site.

The Site may be indexed by search engines that survey the Web and are available to the public generally.

Registration and Login/User Representations.  Registration and/or login may be required, among other things, to access certain portions of our Site, to subscribe to our newsletter(s), to create an account, to make certain Submissions and to obtain certain information or materials from HEURISKO.

If you register, you represent and warrant to HEURISKO that: (a) you are 18 years of age or older and of at least the age of majority in your state of residence as of the time you register as a Registered User; (b) all information provided by you to HEURISKO during the registration process is truthful, accurate and complete; (c) you will comply with all terms and conditions of these Terms of Use; and (d) you will not use the Site, any of the Materials or any other content or information obtained from the Site, for any purpose that is unlawful or prohibited by these Terms of Use.

If you register, as a Registered User, you agree to maintain and promptly update your registration data as necessary to keep it true, accurate, current and complete.  HEURISKO may terminate your access to the Site (or portions thereof) if any of the information provided is found to be inaccurate, false, out of date or incomplete, or for violating these Terms of Use and/or the law, without prior notice or liability.

As part of the registration process, you may be required to select and use a user name and a password.  If you are a Registered User, you acknowledge that you are solely responsible for all activities that occur under your password or account while using the Site. You are responsible for maintaining the security and confidentiality of your password and monitoring and controlling access to your account.  You agree to notify HEURISKO immediately of any unauthorized use of any account or password, or any other known or suspected breach of security.

If you no longer wish to be a Registered User, you may ask us to delete your account by contacting us through our Contact Us page.  We will use reasonable efforts to ensure that your account is deleted from our records.

User Submissions.  HEURISKO does not claim ownership of any information or material a user may transmit, post or upload to or through the Site by any means, including, without limitation, by information provided through our Contact Us page, or any message boards, chat rooms or similar discussion forums, blogs, wiki pages or otherwise (“Submissions”).  HEURISKO does not want you to, and you should not, send any confidential or proprietary information to HEURISKO via the Site.  All Submissions will be treated as non-confidential and non-proprietary, and may be disseminated or used by HEURISKO for any purpose and in any way without any compensation. In addition, you agree that HEURISKO is free to use any ideas, concepts or know-how contained in any Submission.

By making a Submission to or through the Site, you automatically grant HEURISKO an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such Submission, alone or as part of other works in any form, media, or technology whether now known or hereafter developed.

You warrant and represent that you shall not transmit, post or upload to or through the Site any Submission that is, in or whole or in part, libelous, scandalous, inflammatory, discriminatory, defamatory, false, threatening, vulgar, obscene, pornographic, profane, abusive, harassing, invasive of another’s privacy, hateful or bashing, aimed at gender, race, color, sexual orientation, national origin, religious views or disability, or otherwise unlawful, or that violates or infringes on the privacy, publicity, intellectual property, proprietary, or contractual rights of any third party.

HEURISKO does not represent or warrant the truthfulness, accuracy or reliability of any content, information or material contained in any Submissions made to or through the Site by users or endorse any statements, representations or opinions expressed by users in their Submissions.  Your reliance on content, information, material, statements, representations or opinions contained in any Submissions made to or through the Site by other users shall be at your own risk.  Any product claim, statistic, quote or other representation about a product and/or service contained in a Submission should be verified with the applicable manufacturer or provider.

HEURISKO is not responsible for screening or monitoring Submissions made to or through the Site by users.  If notified by a user of any Submissions made to the Site allegedly in violation of these Terms of Use, HEURISKO may investigate the allegation and determine in good faith and its sole discretion whether to remove such Submission or any portion thereof.  HEURISKO shall have no liability or responsibility to users for performance or nonperformance of such activities.

HEURISKO reserves the right not to post or to remove any information or material posted, uploaded, inputted or submitted to the Site for any reason, including, without limitation, any Submissions that, in its sole discretion, it deems to be in violation of these Terms of Use.

The foregoing is not intended to apply to any Personal Information (as that term is defined below) submitted to HEURISKO via e-mail through the Site – i.e., via the Contact Us Page – the use of which is governed by the Site's Privacy Policy.

Site and Materials Disclaimer.  The Site and/or the Materials are not promised or guaranteed to be correct, current or complete, and they may contain inaccuracies or typographical errors.  HEURISKO makes no representations about the accuracy, reliability, completeness or timeliness of any of the Materials or of any other content, materials or information displayed, distributed or made available on or accessed through the Site, including statements, representations or opinions expressed by users in their Submissions.  You acknowledge that any reliance on any such content, materials or information will be at your sole risk.  HEURISKO will not be responsible for any loss, however arising, from use of, or reliance on any such content, materials or information.

Disclaimer of Warranties.  THE SITE AND MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMITTED BY LAW, HEURISKO HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY AND OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON‑INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND OF FITNESS FOR PARTICULAR PURPOSE.  WITHOUT LIMITATION, HEURISKO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS OR OF ANY OTHER CONTENT OR INFORMATION DISPLAYED OR MADE AVAILABLE ON OR THROUGH THE SITE, ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE AND/OR SAID MATERIALS, CONTENT OR INFORMATION. HEURISKO DOES NOT WARRANT THAT THE SITE, THE MATERIALS OR OF ANY OTHER CONTENT OR INFORMATION DISPLAYED OR MADE AVAILABLE ON OR THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE ERROR FREE, OR WILL OPERATE WITHOUT INTERRUPTIONS. BECAUSE SOME STATES DO NOT PERMIT DISCLAIMER OF IMPLIED WARRANTIES, YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS.

Limitation of Liability.  IN NO EVENT SHALL HEURISKO BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM OR RELATING TO, THE SITE, THE MATERIALS OR ANY OTHER CONTENT, MATERIALS OR INFORMATION DISPLAYED, DISTRIBUTED OR MADE AVAILABLE ON OR THROUGH THE SITE, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION, THE USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY SUBMISSIONS BY USERS, OR ANY CONTENT OR INFORMATION FROM A THIRD PARTY ACCESSED ON OR THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HEURISKO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR THE DISSEMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnity.  You agree to defend, indemnify, and hold harmless HEURISKO, its officers, employees, agents, licensors and service providers from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising out of or resulting from your use of the Site or the Materials, your Submissions, your breach of these Terms of Use and/or violation of any applicable laws.

Links.  The Site contains links to third-party web sites.  These links are provided solely as a convenience to you and not as an endorsement by HEURISKO of the content or information available on such third‑party web sites.  HEURISKO is not responsible for the content or information available on linked third‑party sites and does not make any warranty or representation regarding same.  Nor does HEURISKO make any warranty or representation regarding, nor does it endorse, any linked third-party web sites or the content or information appearing thereon or any of the products or services described thereon.  Links do not imply that HEURISKO endorses, or is affiliated or associated with, the linked-third-party site.  If you decide to access linked third‑party web sites, you do so at your own risk.

Termination/suspension. HEURISKO reserves the right, in its sole discretion, to terminate, change, suspend or discontinue any aspect of the Site or the Materials at any time a,nd/or to restrict, suspend or terminate your access to the Site and/or any portion thereof, at any time, for any reason or for no reason at all, without prior notice or any notice. 

Local Laws and Export Control.  You acknowledge and agree that the Site shall not be used, and none of the Materials or underlying information, software or technology may be transferred or otherwise exported or re-exported to countries as to which the United States maintains an embargo (collectively, “Embargoed Countries”), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, “Designated Nationals”).  The lists of Embargoed Countries and Designated Nationals are subject to change without notice.  By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National.  You agree to comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

HEURISKO and its licensors make no representation that the Site or the Materials made available on or accessed through the Site are appropriate or available for downloading or use in other locations outside of the United States, and access to them from territories where their contents are illegal is prohibited.  Access to the Site and/or the Materials made available on or accessed through the Site may not be legal by certain persons or in certain countries.  If you access the Site from outside of the United States you do so at your own risk and are responsible for compliance with all applicable laws, including without limitation export and import regulations and intellectual property laws of the Unites States and other countries.  Any diversion of the Site and/or any Materials content obtained from or through the Site contrary to the laws of the United States is prohibited.

Miscellaneous.  You acknowledge and agree that no joint venture, partnership, employment or agency relationship exists between you and HEURISKO as a result of these Terms of Use or your use of the Site. These Terms of Use are governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles.  Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms of Use shall be in an appropriate state or federal court located in the State of Delaware.  If any provision contained herein is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions set forth herein, which shall remain in full force and effect.  No waiver of any term hereunder of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.  These Terms of Use constitute the entire agreement between you and HEURISKO with respect to the use of the Site.  Any changes to these Terms of Use must be made in writing, signed by an authorized representative of HEURISKO to be binding on HEURISKO.  Notwithstanding the foregoing, HEURISKO, at its sole discretion and without notice, may change, modify, add or remove any portion of the Terms of Use, in whole or in part, at any time.  Changes in the Terms of Use will be effective when posted.  Your continued use of the Site after any changes to the Terms of Use are posted will be considered acceptance of those changes.