These Terms of Use apply to the website www.discretedata.ca (referred to in these Terms of Use as “the Site”). The Site is the property of Discrete Data Inc. (“Discrete Data"). BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Discrete Data reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. You are responsible to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.
Content
The Site, and all text, graphics, images, trademarks and code contained within the Site (“the Content”) are the property of Discrete Data and are protected by copyright, trademarks and other intellectual property rights. The Site and the Content is not permitted to be copied, reproduced, republished, or distributed to any other computer or web site or other means of distribution without the prior express written Consent of Discrete Data. Discrete Data reserves the right to restrict linking to the Site or the Content from other web sites by providing notice to the web sites.
Disclaimers
Discrete Data makes no representations that the Site or the Content will be error-free or available when you attempt to access them. The Site is provided on an “AS-IS” and “AS-AVAILABLE” basis. The Site is provided without any warranties, express or implied, including but not limited to warranties of completeness, accuracy, non-infringement, merchantability, and fitness for a particular purpose. You assume total responsibility for your use of the Site.
Limitation of Liability
You agree to indemnify and hold Discrete Data, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Discrete Data by any third party due to or arising out of or in connection with your use of the Site.
Links to Third-Party Web Sites
The Site may contain links to other web sites or services controlled by third-parties. Discrete Data assumes no responsibility for the content, services, policies or practices of those web sites. You assume total responsibility for your use of linked web sites.
Governing Law
These Terms of Use will be governed by the laws of Province of Alberta, and the laws of Canada, as applicable. If any provision of these Terms of Use is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms of Use will remain in effect. These Terms of Use constitute the entire agreement between us regarding the Site, and supersede and replace any prior agreements, oral or otherwise, regarding the Site.
Dispute Resolution
If a dispute arises out of, or in connection with these Terms of Use, the parties agree to meet to pursue resolution through negotiation or other appropriate dispute resolution process before resorting to litigation.
All information exchanged during this meeting or any subsequent dispute resolution process, shall be regarded as “without prejudice” communications for the purpose of settlement negotiations and shall be treated as confidential by the parties and their representatives, unless otherwise required by law. However, evidence that is independently admissible or discoverable shall not be rendered inadmissible or non-discoverable by virtue of its use during the dispute resolution process.
Last updated: March 31, 2020