Terms & Conditions

Important—Please read this document carefully. Your access to this website is subject to legally binding terms and conditions. Carefully read all of the following terms and conditions before proceeding. Accessing this website by hyperlink, directly typing in the uniform resource indicator for any page of this website, or by using any of the software functions, services or website functions (collectively, the “Services”) offered by iCAT Solutions Inc. indicates your acceptance of these terms and conditions, and that you intend to be legally bound by them. Your activities on this website or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein. If you do not agree with these terms and conditions, you must cease accessing this website.

This Website Terms of Use (the “Agreement”) is an agreement between you, either an individual or single entity (“you” and “your”) and iCAT Solutions Inc. (the “Company”). “We” and “us” means both you and the Company. The effective date of this Agreement is when you accept, or are deemed to accept, these terms and conditions in accordance with the procedure set out herein.

You hereby consent to the exchange of information and documents between us electronically over the Internet or by email, if to you by an email address that you may provide, and if to us to support@icatsoftware.com, and that this electronic Agreement shall be the equivalent of a written paper agreement between us.

1. Ownership and Copyright. You acknowledge that any and all information, content (whether user-generated or not), reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trademarks, logos and trade names contained on this website or accessible via this website (collectively, the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, the Company or its licensors, as the case may be.
2. Copyright Agent. If you believe that the Company has infringed your copyright in any material way or that your intellectual property rights have been otherwise violated, please notify the Company’s Designated Agent at support.icatsoftware.com and provide the following information:
   1. An identification of the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
   2. An identification of the material hosted by the Company that you claim is infringing or is subject to infringing activity, with enough detail, and preferably including a URI (hyperlink) so that the Company can locate the material on the website;
   3. Sufficient information for the Company to contact you, including your name, address, telephone number and e-mail address if available;
   4. A statement by you that you have a good-faith belief that the identified use of the material is not authorized by the copyright owner, its agent or the law;
   5. A statement by you declaring that the above information is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and
   6. Your physical or electronic signature.

   You acknowledge that if you fail to comply with the above requirements, your notice may not be valid and may not be acted on. The Company may request additional information before removing any infringing material.

3. Permitted Use. The Company hereby grants to you a personal, non-transferable and non-exclusive licence to access, read and download for transitory storage a copy of the Content. Transitory storage shall be only to the extent that normal computing device operations (e.g., normal browser application operations) mandate such storage.
4. Subscriptions and Paid Content. Select Services and/or Content is available only on a subscription or other paid contract basis. Nothing in this Agreement entitles you to access those Services or Content without entering into a separate agreement for those Services or Content.
5. Restrictions on Use. You agree that you will not:
   1. distribute the Content for any purpose, including, without limitation, compiling an internal database, redistributing or reproducing the Content by way of the press or media or through any commercial network, cable or satellite system;
   2. create derivative works of, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or otherwise use, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise; or
   3. permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors, or allow any third party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.
   4. use the software for more than one locations with the purchase of a single license. Additional licenses must be purchased for each location.
6. License to Use Your Information. With the exception of personal information, you hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, adapt, reproduce, publish, bundle, distribute, market, create derivative works of, translate, transmit, broadcast, arrange, modify, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use any information or other content you provide on or through this website or which is sent to the Company by email, upload, or by other correspondence or communication, including without limitation any ideas, concepts, inventors, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
7. Personal Information and Privacy Policy. The Company may from time to time, but is not obligated to, monitor your use of the website and collect, store, use and disclose personal information about you to improve and maintain the website, Content and Services. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy you may have to the extent permissible by law.
   1. Your personal information may be disclosed in the following events. The Company will make all reasonable attempts to provide you with notice prior to these events, but it is your responsibility to initiate any claim or legal process to block such disclosure:
      1. to satisfy any applicable law, regulation, legal process, or enforceable governmental request (which may include, but is not limited to, collections, responding to subpoenas, court orders, or legal process, or establishing or exercising the Company’s legal rights or defending against legal claims);
      2. to enforce any applicable terms and conditions of this Agreement or any other agreement to which the Company is a party, or to investigate any potential violations thereof; or
      3. to detect, prevent, or investigate fraud, security issues, technical issues, or suspected fraud, security issues, or technical issues; or
      4. to begin third party collections for unpaid valuation related services; or to contact the beneficiary or intended recipient of valuation services provided by iCat Solutions Inc, for the purpose of settlement of past due invoices directly related to valuation services performed by iCat Solutions Inc.
   2. The Company may share certain pieces of aggregated, non-personal information derived from information and personal information collected from you with third parties (such as traffic data), but that aggregated information shall not identify you individually.
   3. The Company will not rent, sell, or share personal information about you with other people or companies without your prior knowledge and consent.
   4. If the Company is merged, acquired, or in the event of any sale of all or part of the Company’s assets, reasonable notice will be provided to you before your personal information is transferred and your personal information may become subject to a different privacy policy.
   5. You may access, correct, and delete your own personal information stored by the Company by contacting support@icatsoftware.com
8. Logs, cookies and locally stored data. The Company automatically receives and may record information associated with you on its server logs, including your IP address, the web requests transmitted by your browser, and one or more cookies which may uniquely identify your browser. These server logs may include configuration information about the computing or communication device used to access the Company’s website as well as the date and time of your browser request. Cookies or other data intended to be locally stored on your computer or communication device may be set and accessed by the Company on occasion. Cookies and other local storage data are used to improve the quality of the website services by storing user preferences, tracking user trends, and monitoring other use-related data. If your browser is set to refuse cookies, some features of the website may not function properly.
9. Limitations on Liability and Disclaimers. There is no guarantee that personal information and transactions on this website or over the Internet will be maintained in confidentiality or kept secure. The use of this website and the Content and Services is as your own risk, and the Company assumes no liability or responsibility pertaining to the Content or Services, your use of the website or the receipt, storage, transmission or other use of your personal information or other information.
   1. This website may contain links to other sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. The Company does not recommend or endorse any of the content, including without limitation any hyperlinks to, or content found, on other websites.
   2. The company will not be responsible for any damages you or any third party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that you make or that you expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information.
   3. The Content may not be accurate, up to date, complete or untampered. Except as expressly provided in this Agreement, this website and all Content, Services, Software and other data or electronic products made available through this website are provided “as is” without any representations, warranties, guarantees or conditions, of any kind, whether express or implied, statutory or otherwise, including, but not limited to, warranties as to uninterrupted or error-free operation, availability, accuracy, completeness, currentness, reliability, timeliness, legality, suitability, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
   4. In no event will the Company, its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable for any special, indirect, incidental, punitive, exemplary, aggravated, economic or consequential damages, howsoever caused, including but not limited to damages for loss of use, lost profits or lost savings, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
   5. In no event will the Company, its affiliates, agents, licensors, suppliers or their respective directors, officers or employees be liable for damages or losses resulting from viruses; data corruption; failed messages; transmission errors or problems; telecommunications service providers; links to third party websites; the Internet backbone; personal injury; third party content, products or services; damages or losses caused by you or your respective employees, agents or subcontractors; loss of use or lack of availability of facilities, including computer resources, routers and stored data; the use or inability to use this website or the Content or Services; or events beyond the reasonable control of the Company, even if the Company or any of its lawful agents or employees have been advised of the possibility of such damages or claim.
   6. In no case will the Company’s, its affiliates’, agents’, licensors’, suppliers’ and their respective directors’, officers’ and employees’ cumulative total liability arising under any cause whatsoever (including without limitation breach of contract, tort, negligence, gross negligence or otherwise) be for more than the amount, if any, paid by you under this Agreement to access this website in the year in which the claim arose.
   7. Content on this website may be changed without notice to you. This website may include user-generated content that is posted, uploaded, updated, hyperlinked, embedded, or otherwise made available or altered by other users. The Company makes no representations with respect to the accuracy, integrity, legality, or quality of any such content, and neither the Company nor its affiliates, agents, licensors, suppliers or their respective directors, officers or employees shall be liable for damages or losses resulting from your consumption or use of such user-generated content. You understand that by using this website you may be exposed to content that you may find offensive or otherwise objectionable, and that you use the website at your own risk. You further agree that your participation using this website and your provision of user-generated content to the website shall be governed by any additional rules or guidelines posted on the website. The Company disclaims any liability for unauthorized use or reproduction of any portion of the website. Accessing the content from territories where it may be illegal is prohibited.
10. Termination. This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to you if you fail to comply with any of its terms or conditions. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, your license to the Company, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
    1. Prepaid Subscriptions. iCAT Solutions inc. will not provide any refund for any remaining prepaid period for a prepaid Access Fee subscription.
    2. No-fault termination. These Terms will continue for the period covered by the Access Fee paid or payable license fee. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Access Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period. If You terminate these Terms You shall be liable to pay all relevant Access Fees on a pro-rata basis for each day of the then current period up to and including the day of termination of these Terms.
11. Indemnity. You agree at all times to indemnify, defend and hold harmless the Company, its agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by the company directly or indirectly in respect of any information or other content you provide on or through this website or which is sent to the company by email, upload or other correspondence or communication; or your use or misuse of the Content or this website, including without limitation infringement claims.
12. Governing Law. This Agreement shall be governed by the laws of the province of Ontario and the federal laws of Canada, excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to the exclusive jurisdiction of the courts of the province of Ontario and/or the Federal Court of Canada, for resolution of any dispute related to this Agreement. You have required that this Agreement and all documents relating thereto be drawn up in English. Vous avez demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
13. Severability. In the unlikely event that any provision in this Agreement is found to be invalid or unenforceable under any applicable law by a court of competent jurisdiction, that provision shall be deemed to be omitted to the extent of such invalidity or illegality, and the other provisions of this Agreement shall remain valid and in force, and shall continue to govern the relationship between us.
14. Entire Agreement. If you are party to a separate end-user license agreement, service agreement, software license agreement, and/or other terms or conditions (collectively, the “Other Agreement(s)”) with the Licensor, the terms and conditions of the Other Agreement(s) still apply. Where the terms or conditions of this Agreement and the Other Agreement(s) are in conflict, the terms and conditions of the Other Agreement(s) shall prevail. Otherwise, this Agreement as it may be modified or amended from time to time, and any and all other legal notices and policies on this website, constitute the entire agreement between us with respect to use of this website, the Content and Services.
15. Amendment and Waiver The Company reserves the right to modify this Agreement at its sole discretion, with or without notice to you, by posting amendments on this website. You are responsible for periodically reviewing the amendments on this website, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using this website and accessing the Content and Services. Access to this website, the Content or Services, or user of this website, Content or Services, shall constitute your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification, or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
16. Enurement. This Agreement shall enure to the benefit of and be binding on each of us, and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.