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Please read over the following Terms of Use. By signing up with Virtuo, you’re agreeing to these Terms.
This is a legally binding agreement.

Last Updated: February 1, 2016

VIRTUO INC. TERMS OF USE

THE TERMS OF USE SET OUT BELOW GOVERN YOUR USE OF THE WEBSITE (the “Site”) MAINTAINED BY VIRTUO INC. (“Virtuo”). POLICIES CONCERNING THE USE OF YOUR PERSONAL INFORMATION ARE SET FORTH IN THE VIRTUO ONLINE PRIVACY POLICY. BY USING THE WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS OF USE AND AGREE TO THE TERMS OF THE VIRTUO ONLINE PRIVACY POLICY. PLEASE READ THESE TERMS OF USE CAREFULLY. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THIS SITE.


Use of Site

By accessing this site you represent that you are of the age of majority in your jurisdiction, and you agree to use the information contained on the Site in accordance with all applicable local, provincial, national or international laws and regulations. If you are not of the age of majority in your jurisdiction, you must only use this Site under the supervision of your parent or legal guardian who agrees to the Agreement. If you are a parent or legal guardian agreeing to the Agreement, you must monitor and supervise the use of this Site by the minor and you are fully responsible for the minor’s use of this Site, including all financial charges and legal liability that he or she may incur.


Intellectual Property

All material available through the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, video clips, names, trade-marks, trade names, product and clinical information, software and logos (collectively, the “Content”) and all intellectual property rights therein, are owned, controlled, or licensed by Virtuo and are protected by worldwide intellectual property laws. You may use Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of Virtuo. All other rights reserved. Except as expressly provided above, nothing contained herein shall be construed as conferring upon you any license or right in the Content.

Names, trademarks, trade names, trade dress, logos and products of Virtuo are protected by trademark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Virtuo except with the express written permission of Virtuo. Other product, service and company names mentioned on the Site are for identification purposes only and may be trademarks of their respective owners.


Restrictions

While using the Site, you agree not to: (i) interfere with other users’ use of the Site; (ii) transmit any files which may contain viruses, or other contaminating or destructive properties; (iii) post or transmit material for advertising or commercial purposes; (iv) impersonate or misrepresent your affiliation with any person or entity; (v) post or transmit any content which may injure, disparages or constitutes defamation or libel of any third party; or (vi) post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that constitutes or encourages criminal conduct or that violates any law.

Virtuo reserves the right to take any steps it deems necessary to prevent or restrain any unauthorized or prohibited access or use of the Site, including without limitation, taking legal action, or suspending or terminating your access without notice.


Account and Passwords

You are responsible for maintaining the confidentiality of the password used to access your account. Virtuo is not under any obligation to verify the actual identity or authority of any user of a password and login name. Virtuo may rely on the authority of anyone accessing your account or using your password and will not be liable for any damages and expenses arising out of or relating to any unauthorized use of such account or password. You agree that you are responsible for all activities that occur on your account. You agree to notify Virtuo immediately in the event that the confidentiality of your account or password is compromised. Virtuo has the right to take any actions that it deems reasonable in such event provided that it shall have no liability for any acts or omissions in this regard.

Upon registering for a personal account, you will be providing Virtuo with personal information about yourself. You authorize Virtuo to collect and use all information provided by you in connection with your registration for and your use of the Site in order to administer, maintain and improve its functioning, in accordance with our Privacy Policy.

Virtuo may cancel or suspend your account at any time for any reason without any notice or liability to you or any other person.

VIRTUO WILL NOT BE RESPONSIBLE FOR THE ACCURACY, MAINTENANCE OR USE OF ANY INFORMATION YOU PROVIDE, NOR BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR PROVISION OF ANY INFORMATION TO VIRTUO, THROUGH THE USE OF THE SITE.


Sale of Products & Services

The sale of products and services on this Site may be subject to additional terms that will be made available to you when you place your order.


Informational Purposes Only

Some product and/or service descriptions, representations, warranties, guarantees, performance claims, and other Content provided on this Site are provided by our vendors, partners, and other third parties, and are not independently verified by Virtuo. The accuracy of such representations is the sole responsibility of the vendors, partners, and other third parties. While this Site attempts to be accurate in its product and/or service descriptions, Virtuo does not represent or warrant that product and/or service descriptions or other Content on this Site are accurate, complete, reliable, current, or error-free. If you find that a product and/or service you purchase is not as described, your sole remedy is to cancel the service in accordance with the applicable service agreement.


Links

References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Virtuo’s endorsement, sponsorship or recommendation of the third party, information, product or service. Virtuo is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites.


Indemnification

You agree to defend, indemnify and hold harmless Virtuo, its affiliates, officers, directors, employees, agents, representatives and service providers, including all third parties mentioned on the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of these Terms of Use; (b) your access to, use of or reliance upon the Site, your personal information that is accessible through the Site, or the Content of the Site; or (c) your infringement of any intellectual property or privacy rights of any person.


Disclaimer of Warranties

The site, including any personal information accessed through the site, or any other content made available on or through this site, is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, Virtuo expressly disclaims all warranties and conditions of any kind, express, implied or collateral, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement.

Virtuo does not warrant the accuracy or completeness of any personal information or any other content accessed through the site. Information that is periodically updated may not be current at the moment you visit the site and may contain errors.

Virtuo makes no warranty that the site will meet your requirements; that these services will be uninterrupted, timely, secure, or error free; that messages or requests will be delivered; that defects will be corrected; or that the site is free of viruses or other harmful components.

Your use of the site and the content is at your sole risk. You are responsible for verifying any personal information or other content before relying on it. for greater certainty, you agree that all risk associated with the use of, or reliance on, any personal information or content of the sites or the applications, rests with you. You further agree that Virtuo will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any personal information or content of the sites or the applications.


No Liability

In no event will Virtuo be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive, and consequential damages arising out of the use, inability to use, or the results of use of the site, any websites linked to the site, the content of the site or the personal information accessible on the site or sites linked to the site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. To the extent permitted by law, in no event will Virtuo or any other party involved in creating, producing, or delivering the site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon the personal information accessible or content provided through the sites and the applications.


General

The Site is owned and operated by Virtuo. Except for any additional terms incorporated into any purchase made through this Site, the terms and conditions contained herein represent the entire agreement between Virtuo and you. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable in a manner that most closely matches the intent of the original provision and the other terms of this Agreement shall remain in full force and effect. The delay or failure of Virtuo to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Virtuo’s rights with respect to such breach or any subsequent breaches. Virtuo shall not be liable for any delay or failure to perform any of its obligations under these Terms of Use if such delay or failure is due to causes beyond its control. By using the Site, you agree that any disputes arising from your use of the Site shall be governed exclusively by the laws of the Province of Alberta and the laws of Canada applicable in the Province of Alberta. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Alberta and/or the Federal Court of Canada.

 

The section titles are for convenience only and have no legal or contractual effect.

If you have any questions about these Terms of Use, please contact Virtuo by phone at 403-237-0297.

You can also contact Virtuo by mail at:

Corporate Home Office
Virtuo Inc.
100, 934 15 Ave SW,
Calgary, Alberta
T2R0S3

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