Website Terms of Use
SOTI Website Terms of Use
Conditions of Use
Please read the following conditions of use carefully before using this site, and all associated sites linked to this site. These conditions of use also apply when you use a downloadable application, mobile device browser or other technology to access any features, functionality, content or information that is made available or provided on this site. You should review the terms of use regularly as they may change at any time. References to "you" or "your" shall mean the person accessing or using this site. References to "SOTI, Inc.", "we", "us" or "our" shall mean SOTI Inc., its subsidiaries and affiliates. SOTI reserves the right to change the terms of use of its sites or discontinue them at any time upon notice to you. Notice may be given to you in writing, by email or by posting such notice on the relevant site.
The site is the property of SOTI and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
General
Nothing on this site constitutes an offer to buy or sell products or services of SOTI. All products and services are subject to the terms and conditions of any applicable agreements.
Our products and services are available only in jurisdictions where they may be lawfully offered for sale. Not all products and services are available in all geographical regions.
We make reasonable efforts to maintain the availability of this site. However, there will be times when this site will be unavailable for use or when we find it necessary to shut down this site for a period of time for maintenance, updates and other reasonable adjustments.
Purchases and Downloads
By making a purchase and/or downloading from SOTI through this site, you agree to adhere to and to be bound by these Terms of Use, the applicable agreement associated to the particular product as well as any other additional terms and conditions associated with the product, service and payment for the product purchased. Should a conflict exist between these Terms of Use and the terms posted for or relevant to a specific portion of the site or for any service or product offered on or through the site, the latter terms shall govern with respect to your use of that portion of the site or the specific service or product.
Prices
Any pricing and discounts provided for by SOTI through this site, on printed materials and other possible means are exclusive of applicable taxes and administrative charges. Unless agreed to in writing as otherwise, prices are subject to change at any time.
Refunds
All refunds are issued in the same method of payment originally used at your point of purchase. A full refunds will be granted within thirty (30) days of the date of purchase for defective software, software not received due to an error on SOTI's part, duplicate purchases, or billing errors. Should you have a duplicate charge or believe you have been charged incorrectly, please email full details of the error along with your complete contact information to orders@soti.net or contact your respective SOTI representative to ensure the matter is promptly corrected.
SOTI does not offer refunds for products, services, or software purchased for the wrong device or platform thirty (30) days after the purchase date for any reason.
Delivery & Use
All of information related to SOTI's products and services, including but not limited to sales resources, product information, newsletters, photos and video, (“Information”) are downloadable directly off this site on an "as is" and "as available" basis. Your ability to access and download Information will vary and is dependent upon the speed of your Internet service and the terms and conditions you had agreed to with your Internet service provider. Should you choose to access this site from a location outside of Canada you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to Canada or the country in which you reside. Notwithstanding the preceding, SOTI makes no representation that the Information, and/or content on this site is appropriate or available for use in locations outside Canada, as applicable, and accessing them, exporting, or re-exporting from territories where the product, services and content are illegal is strictly prohibited.
You may not use this site or any SOTI Information in whichever manner that could damage, disable, overburden, or impair this site or any SOTI products or services [or the network(s) connected to such site, product, or services] or interfere with any other party's use and enjoyment of this site or SOTI product or services. You may not attempt to gain unauthorized access to this site or any SOTI product, service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this site.
Third-party tools and sites
SOTI may use third party service providers to provide certain tools and/or programs, some of which may be housed on a third party server or a site which has been independently developed by others. As such, while accessing this site you may be linked to such other third party servers. Access to other sites or use of any third-party tools or programs on this site are subject to all the terms and conditions found on such third party site(s).
Third-party websites accessed by hypertext links appearing on this site may have been independently developed by others. We are not responsible for the contents or operation of such third party sites and we do not guarantee the accuracy of any information in them. The listing of an organization not affiliated to SOTI on this site should not be interpreted as an endorsement of its services or products by SOTI or their representatives. SOTI disclaims any and all responsibility and liability for the accuracy, content, completeness, legality, reliability or operability of such third party websites or the services and resources available on them. Any concerns regarding any such service or resource should be directed to the particular service or resource.
Confidentiality
SOTI is committed to respecting the privacy of your personal information. For further information on how we protect your personal information please refer to our online Privacy Policy. However, it is important to keep in mind that the internet is not a secure medium of communication. For this reason, we cannot guarantee the privacy of any information you input, send to us, or request be delivered to you during its transmission over the Internet. We will not be responsible for any damages you or others may suffer as a result of the loss of confidentiality of such information in the course of transmission over the Internet.
Feedback
You may provide SOTI with feedback and suggestions through this site. By doing so, you are waiving any and all rights that you may have in the idea or suggestion, and SOTI shall be entitled to use the idea or suggestion as it so desires, as provided or as modified by SOTI, without any obligation to compensate you or others for the materials. You warrant that all "moral rights" in such materials have been waived. You grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to SOTI to use to improve this site or any SOTI products or services. You acknowledge that submission of feedback and suggestions is voluntarily and SOTI may consider or is developing technology that is the same or similar to your feedback or suggestions
Copyright
The content of this site is protected by copyright. Users of this site shall be entitled to copy information for their own non-commercial personal use but may not otherwise republish or reproduce any part without the prior written permission of SOTI. Republishing and reproducing includes any uploading or downloading the information on this site onto the Internet or any other local or international computer system, or otherwise providing access to the contents of this site. An acknowledgement of the source must be included whenever our materials are copied or published.
If you require further information on the uses that you may make of the information on this site or if you wish to obtain a license to reproduce or republish any material on this site, please send a request by email or contact SOTI directly at +1-905-624-9828. Any infringement of our rights will result in appropriate legal action. SOTI disclaims any and all liability which may result from any unauthorized reproduction or use of the information on this site.
Trademarks
SOTI, its subsidiaries and affiliated companies respectively own or properly license all the trade-marks used on or in connection with the goods and services which they provide. The trade-marks are protected by Canadian and foreign trade-mark laws. All rights reserved.
Intellectual Property Rights
Except as otherwise provided on this site, all trademarks, copyrights, content, information, business methods, graphic representations, designs, videos, photos and documentation posted on this site as well as the "look and feel" of this website (collectively, "the Intellectual Property") is the property of SOTI and its licensors. In accessing this site neither you nor anyone acting on your behalf acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, service marks, branding, copyright or trade-secrets, relating to the contents of this site, including but not limited to, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with SOTI. Any grants not expressly granted herein are reserved.
Information provided on this site, is believed to be reliable when posted. However, we cannot guarantee that information will be accurate, complete and current at all times. All information in this site is subject to modification from time to time without notice.
Your use of this site shall be entirely at your risk. SOTI, it’s officers, directors, employees or agents thereof, as well as any person associated with the creation and maintenance of this site or its contents will not be responsible in any manner for any harm, loss or damage, however caused, arising out of your use of this site, including direct, indirect, special, third party or consequential damages. We will not be responsible for any detrimental reliance that you may place upon the site or its contents.
THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY AGAINST INFRINGEMENT WITH RESPECT TO THE INFORMATION PROVIDED AND THE USE OF THIS SERVICE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
If any provision in these conditions of use is held invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These conditions of use shall be governed by and construed in accordance with the laws of the Province of Ontario and applicable laws of Canada. You hereby consent and submit to the non-exclusive jurisdiction of the courts of the Province of Ontario sitting in the City of Toronto in any action or proceeding related to your use of this site.
Violation of Terms of Use and Termination
Where it is reasonable and within SOTI's sole discretion, SOTI will advise you of any inappropriate behaviour on your part and any necessary corrective action that should be taken. However, if this site or any SOTI product or services are used in a way in which SOTI, in its sole discretion, believes to violate these Terms of Use, SOTI or its representing agent may take any responsible actions deemed appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, filtering of Internet transmissions and the immediate suspension or termination of all or any portion of services (including email services). SOTI shall not be liable in any way for any such responsive actions. The above-described actions are not SOTI's exclusive remedies and SOTI may take any other legal, equitable or technical action it considers appropriate.
SOTI retains the right to investigate suspected violations of these Terms of Use. By accessing this site you agree to authorize SOTI to cooperate with law enforcement authorities in the investigation of suspected criminal violations and system administrators at Internet service providers, networks or computing facilities in order to enforce these Terms of Use. Such cooperation may include SOTI providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with SOTI, you authorize SOTI to delete any files, programs, data, and email messages associated with such account.
Notwithstanding the preceding, SOTI reserves the right, in its sole discretion, to terminate your access to this site and SOTI products and/or services or any portion thereof that rely on access to this site, for any reason without notice.
Notice
All demands, notices, communications and reports required under these Terms of Use shall be made in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to SOTI at the address specified below:
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SOTI Inc. |
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6975 Creditview Rd, Unit 4 |
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Mississauga, Ontario, L5N 8E9, Canada |
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TEL:+1-905-624-9828 |
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FAX:+1-905-624-3242 |
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EMAIL: legal@soti.net |
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Attn: SOTI Legal |