Betach Website Terms of Use

Betach Solutions Inc. (“Betach”) and its affiliates makes available the Content (as defined below) on this Website, subject to the following terms and conditions ("Terms of Use"). By accessing this site, or downloading or using any of its contents, information, data, advice, publications, materials, products, services, software, records or documents (collectively, "Content"), you agree to these Terms of Use.   References to Betach include, unless otherwise expressly stated, Betach's management, officers, directors, agents, contractors and employees.  

Betach may change these Terms of Use and other guidelines and rules posted on the Website or in the Content from time to time at its sole discretion and without notice. Your continued access or use of the Website or the Content constitutes your acceptance of the changes.

If you do not agree to all of the terms and conditions contained in these Terms of Use at the time of your access or use of this Website, do not access or use this Website or the Content.

Intellectual Property Rights

The Website and Content are copyright © 2007-2017 Betach Solutions Inc., all rights reserved.

This Website and the Content is protected by copyright and other intellectual property rights of Betach or its licensors.  Except as specifically permitted herein, no portion of the Content or this Website may be reproduced in any form or by any means without prior written permission from Betach.

The trademarks, logos and service marks ("Marks") displayed on this Website are the property of Betach or other third parties as licensors to Betach. You are not permitted to use the Marks without the prior written consent of Betach or such third party which may own the Marks. "Betach” and the Betach logo are trademarks of Betach Solutions Inc.

Restriction and Termination of Use

Betach may block, restrict, disable, suspend or terminate your access to all or part of the Website or the Content at any time in Betach’s sole discretion, without prior notice or liability to you.

Links to Third-Party Websites

The Betach Website may contain links to third-party Websites ("Third Party Websites"), which are not under the control of Betach.  Betach reserves the right to add or remove links to Third Party Websites at any time.   Links to Third Party Websites, and any contents, information, data, advice, publications, materials, products, services, software, records or documents on Third Party Websites (collectively, "Third Party Content"), are provided for informational purposes only and merely as a convenience.  

By clicking on any of the hyperlinks to Third Party Websites or Third Party Content on this Website, you acknowledge and agree to the terms and conditions in this paragraph.  

The provision of links to Third Party Websites does not imply that Betach or its management endorses or accepts any liability or responsibility for Third Party Websites or Third Party Content, or for your use or reliance thereon.  Betach makes no representations, warranties, guarantees or conditions whatsoever about Third Party Websites or Third Party Content, whether accessed via the Betach Website or otherwise. Betach will have no liability for the accuracy or reliability of any Third Party Content, no Third Party Content is incorporated by reference into this Website and Betach disclaims all liability whatsoever with respect to Third Party Websites and Third Party Content. When you access Third Party Websites, you do so solely at your own risk.

Use of Website Information

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE CONTENT CONTAINED IN THIS WEBSITE. BETACH MAY CHANGE THE CONTENT, INCLUDING ANY PRODUCTS, SERVICES AND/OR PROGRAMS DESCRIBED IN THIS WEBSITE AT ANY TIME WITHOUT NOTICE OR LIABILITY.

Except as otherwise indicated elsewhere on this site, you are granted a limited, revocable, personal license permitting you to view, copy, print and distribute Content available on this Website subject to the following conditions:

  • The Content may be used solely for informational purposes;
  • The Content may not be modified or altered in any way;
  • Any copy of the Content or portion thereof must include the copyright notice above and this permission notice, and you will not remove any copyright or proprietary notice; and
  • Betach reserves the right to revoke the license granted to you at any time, and any such use shall be discontinued immediately upon written notice from Betach, which may be delivered by email.

All other rights, title and interests not expressly granted are reserved. Use of Content for any purpose except as permitted herein is expressly prohibited. The Content licensed to you as specified above does not include the design or layout of this Website or the Content, or the selection or arrangement of this Website's components. Elements of this Website are protected by copyright, trademark, trade dress, distinguishing guise, and other rights and laws and may not be copied or imitated in whole or in part.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN WRITTEN AGREEMENT BETWEEN YOU AND BETACH, THE CONTENT ON THIS WEBSITE IS PROVIDED "AS IS", "WHERE IS" AND "AS AVAILABLE", WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE CONDITIONS OR WARRANTIES OF MERCHANTABLE QUALITY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY DESCRIPTION, WHETHER ARISING BY LAW, STATUTE, REGULATION, USAGE OR CUSTOM OF TRADE, OR COURSE OF DEALING. BETACH SHALL HAVE NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE CONTENT ON THIS WEBSITE, OR WHICH ARE REFERENCED BY OR LINKED TO THIS WEBSITE.

IN NO EVENT SHALL BETACH BE LIABLE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM ECONOMIC LOSS, LOSS OF USE, LOSS OF OR DAMAGE TO DATA, OR LOSS OF PROFITS, WHETHER OR NOT BETACH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR SUCH DAMAGE IS REASONABLY FORESEEABLE.  BETACH SHALL HAVE NO LIABILITY RELATED TO, OR ARISING OUT OF, THIS WEBSITE OR ITS CONTENT, WHETHER UNDER CONTRACT, TORT, PRODUCT LIABILITY, BREACH OF ANY LEGAL OR EQUITABLE DUTY, OR OTHERWISE.

This Website can be accessed from other countries around the world and may contain references to products, services and programs that have not been announced in your country. These references do not imply that the licensor of such products intends to announce such products, services or programs in your country. If you access the Website from a location outside Canada, you are responsible for compliance with all local laws. See the section on export control laws below for further information.

Feedback; Voluntary suggestions and ideas; Confidential Information

Unless otherwise explicitly stated in these terms of use, any unsolicited and non-personal information or material sent to Betach will be deemed NOT to be confidential. By sending Betach any non-personal information or material, you grant Betach an unrestricted, world-wide, perpetual, irrevocable license to use, reproduce, display, perform, modify, publish, transmit and distribute that information or material, and you also agree that Betach is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your personal information, including your name, or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of a site will be published or otherwise used with your name on it; or (c) we are required or permitted to do so by law.

Privacy

See Privacy Statement for Betach’s Privacy Statement, which will apply to these terms of use.

Governing Law; Jurisdiction

Regardless of your domicile or place of residency, you agree to the following.  These Terms of Use are deemed an agreement made in the province of Alberta, Canada, and will be interpreted and enforced pursuant to the laws of Alberta, and the laws of Canada applicable in Alberta.   The venue and forum for the resolution of all disputes will be the courts of the province of Alberta, sitting at Calgary, or the Federal Court of Canada where the Federal Court has exclusive jurisdiction, and you irrevocably attorn to the jurisdiction of the said courts without regard to their conflicts of laws provisions.  You agree that you will commence no action in any other jurisdiction, and you will not commence any action by way of class action or class proceedings. Notwithstanding the foregoing, Betach may commence action against you in any court of competent jurisdiction to obtain equitable remedies, including an injunction, to restrain any breach by you of Betach's intellectual property rights, including without limitation copyright and trademark rights, or any other breach by you of these Terms of Use, without the necessity to post bond, surety or undertaking as to damages, and without the necessity to show damages are an inadequate remedy.  

No Unlawful or Prohibited Use

As a condition of your use of the Website, you agree that you will not use the Website or the Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or by any policies or notices posted on the Website by Betach. Receiving, storing, viewing, creating or sending any information, material or publication that is illegal, tortious or offensive is prohibited. You may not attempt to gain unauthorized access to any of the Website, the Content, other accounts, computer systems or networks connected to any Betach server 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 through the Website.  

Spam E-Mail and Postings

In the event you access or use the Website or associated services or materials in connection with the transmission of spam newsgroup, website or social media postings or unsolicited e-mail in violation of these Terms of Use or applicable law (including but not limited to Canada's anti-spam legislation, or the similar legislation of any other country), you acknowledge and agree that Betach would be irreparably harmed and that monetary damages would be an insufficient and ineffective remedy.  You therefore agree that Betach is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Betach may without restriction block, filter or delete unsolicited e-mail.

Indemnity and Liability

You agree to indemnify and hold harmless Betach and its directors, officers, employees, contractors, and agents, from any and all suits, demands, claims, damages or demands, including reasonable lawyers' or attorneys' fees, made by any third party due to or arising out of: (a) your materials, information, data, and any other content that you may submit, post to or transmit through the Website or the Content (including a third party's use of such materials, including without limitation reliance on the accuracy, completeness or usefulness of your materials); (b) your access to or use of the Website or the Content (including any use by your employees, contractors or agents, and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with the Website or the Content); (c) your connection to the Website or the Content; (d) your violation of these Terms of Use; (e) your infringement of any third party's Intellectual Property Rights when using the Website, or the Content; (g) your violation of any rights of any third party; (h) your access to or use of Third Party Websites and your connections thereto; or (i) any dealings between you and any third parties, advertising, or promotions via the Website or the Content.

Use of Software

Any software and accompanying documentation that are made available to download or as a service from this Website are the copyrighted work of Betach and/or its suppliers. Use of the software is governed by the terms of the applicable end user license agreement, which accompanies or is included with such software. You may not download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to the foregoing, you are not authorized to use the software.

Product and Services Information

Price and availability are subject to change without notice.

The Betach Website attempts to display product images shown on this Website as accurately as possible. However, we cannot be responsible for photographic differences in size, shape and color of the products, as the display of the color depends, in part, upon the monitor you are using.

The receipt of an email order confirmation is simply recognition that we have received your requested order, and does not constitute an offer to sell. We reserve the right at any time to limit the quantity of any item sold, or prohibit a sale altogether, including but not limited to prohibiting sales to resellers.

Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Betach will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account. If you are not fully satisfied with your purchase, you may return it in accordance with Betach’s Return Policy.

We cannot confirm the price of an item until you place an order for that item.  However, we do NOT charge your credit card until after your order has entered the shipping process. Despite our best efforts, a small number of the items on this Website may be mispriced. If an item's correct price is higher than our stated price, we will immediately, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Betach is not responsible for, and will not honor, pricing mistakes provided they are identified before your order has been shipped, and Betach reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions until the order is confirmed by Betach.

Betach attempts to be as accurate as possible. However, Betach does not warrant that product descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Betach itself is not as described, your sole remedy is to return it in unused condition.

General

These Terms of Use together with other rules, guidelines, licenses and disclaimers posted via the Website or in connection with the Coontent constitute the entire agreement between Betach and you with respect to your access to or use of the Website, the Content, and any products or services provided or to be provided to you, and supersedes any prior agreements between you and Betach on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in these Terms of Use expressly contradict any terms of a written agreement between you and Betach regarding the use of specific services, products or materials (including service-specific terms of use and Software-specific licenses) ("Executed Agreement"), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Betach services, third party content or third party software. You may not assign or otherwise transfer these Terms of Use nor any right granted hereunder without Betach’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Betach to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

Return Policy

All sales final and no returns.

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