Terms of Use

TERMS OF USE

AVANTI SOFTWARE INC.

LAST UPDATED: 2019-05-04

THESE TERMS OF USE CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS OF USE BEFORE USING THIS WEBSITE.

  1. Overview

AVANTI SOFTWARE INC. (“Company”, “us” “our” or “we”) specializes in providing human resource software and services (collectively, the “Services”). We use our website and its related webpages (collectively, the “Website”) to provide you (“you” “your” “user(s)”) with information about our Services. Access and use of the Website, is subject to your acceptance of and compliance with these terms of use (the “Terms of Use”) and our privacy policy found here (the “Privacy Policy”). By using the Website, you indicate your acceptance of the Terms of Use and Privacy Policy. If you do not accept the Terms of Use and Privacy Policy, then do not use the Website.

  1. Modifications to Terms of Use

The Company may change or amend the Terms of Use from time to time and any changes or amendments will become effective upon our posting of the revised Terms of Use on this page. You can determine when the Terms of Use were last revised by referring to the “LAST UPDATED” reference expressly provided. It is your responsibility to check this page periodically for changes. Your use of the Website after any changes or amendments to the Terms of Use will signify your, and be conclusively deemed, acceptance of the Terms of Use, as changed or amended.

  1. Website Availability

The Website may be available through certain mobile devices. You acknowledge and agree that we are not responsible for ensuring that your mobile device’s software is compatible for you to access the Website through your mobile device.

We cannot guarantee that the Website will be available 100% of the time. Although we strive to provide the most reliable Website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.

  1. Restrictions on Use of Website

You will use the Website or links to other websites from the Website (the “Linked Sites”) in accordance with all applicable laws. You will not: (i) attempt to gain unauthorized access to the Website, or computer systems or networks connected to the Website, through hacking, password or data mining, or any other means to circumvent security procedure; (ii) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website; (iii) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website; (iv) use the Website to execute denial of service attacks or data scraping activity; or (v) use the Website to generate unsolicited email advertisements or spam.

Under no circumstances will you use the Website or Linked Sites in any manner that may infringe any proprietary or intellectual property rights or interests that we may have in the Website or Services. Without limiting the generality of the foregoing, you represent and warrant to us that you will not use the Website or any material retrieved from the Website to create products or perform services which compete or interfere with the products and services of the Company.

  1. Disclaimer of all Representations, Warranties and Conditions

WE, OUR AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS AND AGENTS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR THE SERVICES. WITHOUT LIMITATION, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, THAT ACCESS TO THE WEBSITE WILL BE WITHOUT DELAY OR FAILURE, OR THAT THE DATA PROVIDED ON THE WEBSITE WILL BE ACCURATE AND COMPLETE. FOR CERTAINTY, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY TYPE WHATSOEVER, EXPRESS OR IMPLIED, ARE EXPRESSLY DISCLAIMED. ANY INFORMATION OR MATERIAL ACCESSED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE BY ANY MEANS OF ACCESS WHATSOEVER IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOU THEREBY, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, FAILURE TO TRANSMIT DATA OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING, USING OR RELYING ON ANY SUCH MATERIAL. THE COMPANY DOES NOT WARRANT THAT THE WEBSITE IS FREE OF HARMFUL COMPONENTS.

THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY LINKED SITES AND THE COMPANY WILL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

  1. Limitation of Liability and Indemnification

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THE COMPANY IS NOT LIABLE UNDER CONTRACT LAW, TORT LAW, OR OTHERWISE, FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS WEBSITE OR ANY INFORMATION CONTAINED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR ANY OTHER PECUNIARY LOSS, ARISING OUT OF THE USE, OR INABILITY TO USE, THE WEBSITE). THESE LIMITATIONS WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

YOU WILL INDEMNIFY AND HOLD THE COMPANY AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY).

You expressly acknowledge that the Company is making the Website and any Linked Sites available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein and that the same form an essential basis of the Terms of Use. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of a fundamental breach or breaches of, the failure of essential purpose of contract, the failure of any exclusive remedy or the termination or suspension by the Company of your use of, or access to, the Website or Services.

  1. Termination

We may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. You acknowledge and agree that all terminations may be made by us in our sole discretion and that we will not be liable to you or any third party for any termination of your access to the Website.

  1. Copyright and Trademark Information

The Website, and the information and materials that it contains, are the property of the Company, its subsidiaries and affiliates, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All of our product names and logos are trademarks or registered trademarks of the Company, a corporation incorporated under the laws of the Province of Alberta. You may neither copy, remove or modify any copyright, trademark or other proprietary notices contained on the Website. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Website (or the contents therein), through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission, granted only by an officer or director of the Company. You will not attempt to override or circumvent any of the usage rules or restrictions on the Website. We reserve the right to take such steps as deemed necessary, including without limitation legal action, to restrain unauthorized activity.

  1. General
  • Entire Agreement. Other than any written service, license, or other commercial contract you enter into with the Company from time to time (provided same is executed by an officer or director of the Company), the Terms of Use and Privacy Policy constitute the entire agreement between you and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied.
  • The headings in the Terms of Use are for convenience only and will not be construed as part of the Terms of Use.
  • Assignment. The Company may assign the Terms of Use, in whole, or in part, at any time, with or without notice to you. You may not assign your rights or delegate your duties under the Terms of Use. The Terms of Use will ensure to the benefit of and be binding upon the parties to these Terms of Use and the Company’s respective successors, heirs and permitted assigns.
  • Non-Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms of Use will not operate as a waiver of such right or provision. The invalidity or unenforceability of any provisions of the Terms of Use will not affect the validity or enforceability of any other provision of the Terms of Use, which will remain in full force and effect.
  • Interpretation. Unless the context otherwise requires, where the word “including” or “includes” is used in the Terms of Use, it means “including (or includes) without limitation”.
  • Governing Law. The Terms of Use are governed and interpreted pursuant to the laws of the Province of Alberta and the federal laws of Canada applicable therein. The foregoing will not limit the Company’s right to enforce the Terms of Use in any other jurisdiction if reasonably necessary or advisable in our sole discretion.