Terms of Use for HYAS

WELCOME

HYAS Infosec Inc. (“HYAS”, “we”, “us”, “our”) welcomes you to our website located at http://www.hyas.com (the “Website”). Please read the following Website terms of use (“Terms of Use”) before using the Website. A copy of these Terms of Use may be downloaded, saved, and printed for your reference.

BY ACCESSING OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPT, AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, AS AMENDED FROM TIME TO TIME. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE, YOUR SOLE RECOURSE IS TO CEASE ACCESSING OR USING THE WEBSITE IMMEDIATELY.

OWNERSHIP / RESTRICTIONS ON USE

The Website is owned and operated by HYAS. Any and all content, data, graphics, photographs, images, audio, video, software, systems, processes, trademarks, service marks, trade names, and other information including, without limitation, the “look and feel” of the Website (collectively, the “Content”) contained in this Website are proprietary to HYAS, its affiliates, or third-party licensors. The Content may be protected by Canadian, United States, and international copyright and trademark laws.

Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer, or sell any Content without the express prior written consent of HYAS. You may download, print, and reproduce the Content for your own non-commercial, informational purposes; provided that you agree to maintain any and all copyright or other proprietary notices contained in such Content, and to cite the URL source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of HYAS. To obtain written consent for such reproduction, please contact us at info@hyas.com and include “Consent Request” in the subject line.

PRIVACY

Please review our privacy policy, which is located at www.hyas.com/privacy-statement (our “Privacy Statement”), for information regarding the manner in which we collect, use, disclose and otherwise treat personal information.

LINKING

It is our goal to provide increased value to visitors of our Website. Therefore, our Website might offer you links to other sites on the Internet that are owned and operated by third parties and therefore not affiliated with us. Please understand that such linked websites are independent from HYAS and that HYAS has no control over the content of such websites. Consequently, HYAS cannot be held liable and makes no warranty or representation whatsoever as to the accuracy, timeliness, or completeness of the information contained on such websites. You are subject to any terms and conditions of such third party websites.

The links to any third party sites that we might place on our Website does not imply that we sponsor, endorse, or are affiliated or associated with such websites, or have been legally authorized to use any trade-mark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

USER CODE OF CONDUCT

As a condition of your continued access to and use of our Website, you agree to abide by all applicable federal, provincial, state, territorial, local, and other laws and regulations and the “Code of Conduct” set forth below. Specifically, in addition, without limiting the foregoing, you agree not to:

1. upload, post, comment, e-mail, or otherwise transmit any statements, material, or Submissions that:

constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or commercial electronic message;
infringes any patent, trade-mark, trade secret, copyright, or other proprietary or privacy rights of any party;
is unlawful, harmful, threatening, abusive, false, inaccurate, misleading, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, or an unfair product comparison;
contains any form of destructive software such as a virus, worm, Trojan horse, time bomb, cancelbot, or any other harmful components or any other computer file, program or code, designed to interrupt, destroy or limit the functionality of any computer software, hardware, or telecommunications equipment; or
otherwise encourages criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;

2. harvest or otherwise collect or store any information (including, without limitation, personal information) about other users of the Website, including, without limitation, e-mail addresses, without the express consent of such users;

3. for the purpose of misleading others, create a false identity of the sender or the origin of a message, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Website;

4. attempt to gain unauthorized access to or otherwise interfere with the proper functioning of the Website, or other computer systems or networks connected to the Website, through password mining or any other means;

5. interfere with or disrupt networks or servers connected to the Website or violate the regulations, policies, or procedures of such networks; or

6. use, download, or otherwise copy, or provide to any person or entity any Website users directory or other user or usage information or any portion thereof other than in the context of your use of the Website.

SUBMISSIONS

By providing any suggestions or feedback regarding our products and services pursuant to your use of the Website (“Submissions”), you grant HYAS a worldwide, nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right and license to use, reproduce, modify, distribute, publish, and otherwise exploit such Submissions without compensating you in any way. You acknowledge that, subject to our Privacy Statement, HYAS may choose to provide attribution of your Submissions at HYAS’ discretion. Without limiting anything herein, You acknowledge that HYAS will not treat Submissions as confidential. If any Submissions contain sensitive or confidential information, you must not make it available through the Website. HYAS does not regularly review Submissions created, collected, transmitted, stored, used, or processed through the Website, but does reserve the right (but not obligation) to monitor or remove any Submissions submitted to the Website. You are and will remain solely responsible for Submissions that you create, collect, transmit, store, use, or process through the Website.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors, or omissions may occur and we cannot guarantee it is accurate and complete at all times.

ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT PROVIDED HEREIN, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. HYAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. HYAS DOES NOT WARRANT THAT THE FUNCTIONS ON THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT REPRESENT OR WARRANT THE ACCURACY, COMPLETENESS, RELIABILITY, OR CURRENCY OF ANY CONTENT.

IN NO EVENT WILL HYAS, ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ANY CONTENT OR SUBMISSIONS, OR ANY LINKED THIRD PARTY WEBSITES, EVEN IF HYAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold harmless HYAS, its affiliates, members, officers, employees, agents, contractors, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs, and liabilities (including, without limitation, reasonable legal and accounting fees), arising out of or resulting from your use of this Website, any Content, any Submissions, or any alleged or actual violation by you of these Terms of Use.

CHANGES AND TERMINATION

HYAS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, HYAS reserves the right to unilaterally change these Terms of Use, in whole or in part, at any time and to notify you by posting an updated version of these Terms of Use on this Website. You are responsible for regularly reviewing these Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this web page. Your continued access or use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from HYAS to you for so being bound. Your only right with respect to any dissatisfaction with: (1) these Terms of Use (2); any policy or practice of ours in operating the Website; or (3) any Content available through the Website, is to stop accessing and using the Website.

CHOICE OF LAW LAWS AND SEVERABILITY

These Terms of Use will be governed by and construed in accordance with the laws of the Province of British Columbia and of the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, rule, or principle, and any dispute arising out of or relating to these Terms of Use will be submitted to a court of competent jurisdiction in the judicial district of Victoria, Province of British Columbia, Canada.

If any provision of these Terms of Use is found by a tribunal or court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then such provision will be severed from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form.

WAIVER

A waiver of any provision of these Terms of Use must be in writing and a waiver in one instance will not preclude enforcement of such provision on other occasions.

NOTICE

If you have previously provided HYAS with your contact information, notices to you may be made via e-mail or regular mail (as applicable), or in cases of changes to these Terms of Use, by posting notices or links to such notices on the Website itself.

ENTIRE AGREEMENT

These Terms of Use, along with our Privacy Statement and any other legal notices or statements posted on the Website, constitute the entire agreement between you and HYAS regarding the subject matter contained herein (in these Terms of Use) and supersede any prior understandings or agreements on these subjects (whether electronic, oral or written) concerning such subjects. Our Terms of Use may not be amended or modified except by HYAS, in writing.

CONTACT

If you have any questions or comments regarding these Terms of Use, please contact us at info@hyas.com.

Last Updated March 5, 2020.