Terms of Use
Refund Policy
The software available for purchase on our web site is downloadable, fully-functional, and try-before-you-buy. Free trial periods are provided to let you fully evaluate our products before you make a purchase decision.
Please use the trial period to make sure that the software meets your needs before purchasing a license. All of our software is fully-functional during the trial period. None of our software requires registration to enable its primary functionality.
If you purchase one of our products, after your payment has been processed you will receive an email with the serial number required to activate the software. Once this information is emailed to you, no refunds will be given. We have this policy since it would be impossible for you to return your registered version of our software.
During your trial period, support staff are available to assist in installation and configuration via email or telephone. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase.
In rare instances and only within 30 days of purchase, if due to technical difficulties or platform incompatibilities the software will not function, we may, at our discretion, issue a refund. In such instances, we require that you provide enough information for us to positively identify your purchase transaction (e.g., order number, your company name, date of transaction, purchase code, number of licenses or activations purchased, etc.). If we are able to positively identify your order, and if your request is made within 30 days of purchase, you must submit to us a letter of destruction of software on your company letterhead before we will process the refund. Spatial View is not responsible for lost, delayed, or misdirected mail or email, delays for downloading, or other communication system delays.
Acceptance of this Refund Policy
It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy.
If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us.
End of refund policy
PRIVACY POLICY
Last Update: December 14, 2007
Spatial View Inc. and its divisions, affiliates and subsidiaries (hereinafter "Spatial View") respects the privacy and the integrity of any information that you provide us as a user of the Spatialview.com website (hereinafter "Site").
Application of this policy
This Privacy Policy sets forth our policies regarding the collection, use and disclosure of personal information relating to your use of the Site. You acknowledge and agree that your use of this Site signifies your understanding and acceptance of the terms of this Privacy Policy.
At Spatial View we are committed to protecting the privacy of our customers, which is why we do not sell or rent any personal information or personally identifiable information regarding our customers to any third party. We hope this Privacy Policy will answer your questions regarding how we treat personal information gathered from visitors to our Site.
This Privacy Policy will be continuously assessed against new technologies, business practices and our customers' needs. As we update and diversify our products and services, this Privacy Policy may evolve. Please check this Privacy Policy from time to time for updates by checking the date of the "Last Update" at the top of this document. If we make any material changes to this Privacy Policy, we will notify you here. You acknowledge and agree that your use of the Site following any posted changes to the Privacy Policy indicates your acceptance of such changes.
What is personal information
For the purposes of this Privacy Policy, personal information is information about an identifiable individual such as your name, e-mail address, your address, your age, your banking information or your credit card information other than your business title or business contact information when used or disclosed for the purpose of business communications.
Consent
By providing information about an identifiable individual to this Site, you acknowledge and agree that you fully understand and voluntarily consent to the collection, use, retention and disclosure of such personal information in Canada in accordance with this Privacy Policy. It is always your choice whether or not you provide us with your personal information, however, a decision to withhold personal information may restrict or prevent us from providing you with a particular product or service. We will only collect, use, and disclose your personal information with your consent, except where otherwise permitted or required by applicable law or regulatory requirement.
Collection of personal information
You acknowledge and agree that Spatial View may collect personal information about you, such as and including your name, home address, home telephone number, e-mail address, IP address, banking information, shipping and billing address to process transactions or to provide you with products and services after you have specifically and voluntarily provided such information to us when you place an order, request a service, correspond with us or engage in certain other activities on our Site. Spatial View collects only the information required to provide products and services to you or for purposes otherwise identified in this Privacy Policy. Spatial View understands your desire to protect personal information. We intend to inform you how your personal information will be used.
Use of your personal information
You acknowledge that Spatial View may use personal information that you voluntarily disclose to us when you place an order, request a service, send information regarding forming a partnership with Spatial View, correspond with us or engage in other activities on our Site, to provide information, products and services to you, including:
1. To provide you with information about virus alerts, product upgrades, new products, services, newsletters, informative e-mails, and research on future product ideas or improvements;
2. To assist us in creating content that is relevant to you;
3. To provide you with special offers that may be of interest to you and to improve your experience on our Site;
4. To assist us in creating better products and services to meet your needs;
5. To allow you to purchase and download products, obtain access to services or otherwise engage in activities you select. For example, if you submit an order online with us, we will ask you for information necessary to complete the transaction - such as your name, address and e-mail, and in some instances banking information; or if you request technical support online, we will ask you for information necessary to provide such support - such as your name, address and information about your computer hardware, software and the nature of the problem you are experiencing;
6. To help you quickly find software, services or product information important to you; and
7. To send transaction-related communications such as welcome letters, billing reminders, and product/service order confirmations. Spatial View may also send you surveys or marketing communications to inform you of new products or services or other information that may be of interest.
You may always choose not to provide personal information, but if you so choose, certain products and services may not be available to you. You agree that you are under no obligation to provide us with this information and can access many aspects of the Site without providing us any personal information.
Disclosure of your personal information
Spatial View will not sell or rent your personal information to any other party and will only use and disclose your personal information for the purposes it was collected as described in this Privacy Policy. However, you agree that Spatial View may disclose your personal information in the circumstances set out below.
1. Spatial View may disclose your personal information with your prior consent;
2. Spatial View may be required by law to disclose personal information without your consent in the event of emergency situations or when required by government or other legal authority;
3. Spatial View may also disclose personal information to third parties in connection with a corporate re-organization, merger or amalgamation, or the sale of all or substantially all of our assets, provided that, where appropriate, any party to whom the information is disclosed is bound by agreements or obligations, and required to use or disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise; or
4. Spatial View may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc. Those companies will be permitted to obtain only the personal information they need to provide the service. Each company is bound by agreement or obligations with Spatial View to implement and maintain reasonable security procedures and practices in order to use and disclose your personal information in a manner consistent with the use and disclosure provisions of this Privacy Policy, unless you consent otherwise.
How to opt-out / withdraw consent
You can withdraw your consent for the use of your personal information at any time by sending an e-mail to our Privacy Officer at privacy@spatialview.com subject to legal or contractual restrictions and upon reasonable notice to Spatial View. Spatial View will let you know of the implications of withdrawing your consent. Information may be retained by Spatial View for audit or archival purposes or as required by applicable federal and provincial laws.
If you do not wish to receive marketing communications, you may follow the "unsubscribe" instructions included within each e-mail communication or by sending an e-mail to privacy@spatialview.com Please keep in mind that, if you choose not to receive marketing communications, you will continue to receive transactional or account communications related to services or products that you have requested on the Site (e.g. confirmation e-mails, billing reminders).
Safeguards we have in place
Spatial View employs reasonable managerial and technical measures to ensure that your personal information is secure. In addition, our dedicated team of information technology professionals works to maintain data accuracy and prevent unauthorized access to sensitive information. The Internet, however, is not a secure medium and you acknowledge and agree that the privacy of your e-mail communication and personal information can never be guaranteed as any e-mail communication may be lost, intercepted or altered.
Children
Individuals who are below the legal age of capacity, power to contract, and have not attained the legal age majority in the country, province or state in which they live ("Minor"), can only use this Site with the approval of a parent or guardian. Spatial View does not knowingly collect information from Minors. If Spatial View becomes aware that it has inadvertently collected the personal information of a Minor it will delete it.
Access to your personal information
You can request access to your personal information stored by Spatial View by contacting our Privacy Officer and we will inform you about what type of personal information we have on record or in our control, how it is used and to whom it may have been disclosed, provide you with access to your personal information so you can review and verify the accuracy and completeness and request changes to the information and make any necessary updates to your personal information.
There are instances where applicable law or regulatory requirements allow or require us to refuse to provide some or all of the personal information that we hold about you. In addition, the personal information may have been destroyed, erased or made anonymous in accordance with our record retention obligations and practices. If we do not provide you with access to your personal information, we will endeavor to inform you of the reasons why, subject to any legal or regulatory restrictions.
Use of cookies
You acknowledge and agree that from time to time Spatial View may use cookies on this Site. Cookies are small text files that your web browser leaves on your hard drive to recognize you as a repeat user of our Site. If you do not want cookies to be used, you should access the features of your web browser for the procedure to disable the cookies. You have the ability to accept or decline cookies. Most browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies. If you choose to decline cookies, you may not be able to sign in or use some of the interactive features of our Site and services that depend on cookies.
Privacy officer
We have appointed a Privacy Officer to oversee compliance with this Privacy Policy. If you have any questions about this Privacy Policy or concerns about how we manage your personal information, please contact our Privacy Officer by telephone, in writing or by e-mail. We will endeavor to answer your questions and advise you of any steps taken to address the issues raised by you. If you are dissatisfied with our response, you may be entitled to make a written submission to the Privacy Commissioner in your jurisdiction.
The contact information for our Privacy Officer is as follows:
Privacy Officer Spatial View
T. (902) 425 2969 x16
F. (902) 425 2822E.
[privacy@spatialview.com]
Hyperlinks
This Site is connected by "hyperlinks" to other websites. You acknowledge and agree that Spatial View makes no representation, warranty, covenant, or claim regarding, and Spatial View expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices on any third-party website or resource accessible by hyperlink from the Site. You agree that the inclusion of any such hyperlink does not suggest, represent, warrant, covenant or imply that Spatial View monitors, endorses or exerts any control over such website or linked resource whatsoever. You agree that Spatial View provides these hyperlinks to you only as a convenience, and the inclusion of any hyperlink does not suggest, represent, warrant, covenant or imply affiliation, endorsement or adoption by Spatial View of any such website or linked resource whatsoever.
When you leave the Site, you acknowledge and agree that our terms and policies do not govern your access to, and use of, other websites. You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any website or linked resource to which you navigate from the Site.
Pay Pal
When you may choose to use Pay Pal as your payment method for products and services purchased from the Site you acknowledge and agree that Spatial View may disclose personal information to Pay Pal such as name and email address so that Pay Pal may contact you directly for personal information such as credit card information.
You acknowledge and agree that Spatial View makes no representation, warranty, covenant, or claim regarding, and Spatial View expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any personal information that we disclose on your behalf or you provide to Pay Pal directly or any other party in relation to purchasing a product or service from the Site.
You acknowledge and agree that our terms and policies do not govern any other party.
You acknowledge our recommendation to review the applicable privacy and data gathering practices, of any third party to which you provide personal information.
Interpretation of this Privacy Policy
Any interpretation associated with this Privacy Policy will be made by our Privacy Officer.
This Privacy Policy does not create or confer upon any individual any rights, or impose upon Spatial View any obligations in addition to any rights or obligations imposed by Canada's applicable federal and provincial privacy laws. Should there be any inconsistency between this Privacy Policy and Canada's applicable federal and provincial privacy laws, this Privacy Policy will be interpreted to comply with the applicable privacy laws.
Terms and Conditions of Use
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
Spatialview.com (the "Site") is owned and operated by Spatial View Inc. ("Spatial View"). These terms and conditions of use ("Site Terms") apply to your use of the Site, and do not alter in any way the terms or conditions of any other agreement between you and Spatial View, its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any other person such as a business company, or other entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify Spatial View for violations of these Site Terms.
You agree that you may not interfere with the security of, or otherwise abuse this Site or any system resources, services or networks connected to or accessible through this Site. You agree that you may only use this Site for lawful and moral purposes.
The Site and its Contents
Unless otherwise indicated, you agree that all of the content featured or displayed on this Site, including, but not limited to, information, text, graphics, three-dimensional graphics, images and illustrations, data, photographic images, moving images, sound, illustrations, software and the selection, organization and arrangement thereof ("Spatial View Content"), is owned by Spatial View and its licensors.
You agree that all Spatial View Content is the property of Spatial View and its licensors and is protected by intellectual property laws and regulations including relating to copyrights, trade-marks, trade-names, internet domain names, and other proprietary rights.
Unless you have entered into a separate written agreement with Spatial View, you agree that this Site is for personal viewing purposes only, and that any other use of Spatial View Content without Spatial View's written permission is strictly prohibited.
You agree that the Spatial View Content may only be viewed for your own, non-commercial home-use, personal or private educational purposes, provided that the Spatial View Content is not modified and that copyright and other intellectual property notices are not interfered with, altered, obscured, added to, or deleted. You may not create derivative works from or otherwise commercially exploit the Spatial View Content in any way. Spatial View reserves the absolute right to revoke such authorization at any time without prior notice to you, and any use by you shall be discontinued immediately upon such revocation from Spatial View.
Privacy Policy
Spatial View is committed to protecting your privacy. You agree and confirm that you have carefully read this Site's PRIVACY POLICY , and that you agree and accept those provisions as a part of this Agreement, including our right to collect, use and disclose your personal information.
Recency of Information
Spatial View updates the information on the Site regularly. However, you agree that Spatial View does not guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on the Site. Spatial View may revise and update these Site Terms at any time and without notice. You agree to review the Site Terms posted on the Site periodically. Your continued access or use of, this Site, after any such changes are posted on this Site will constitute your acceptance of those changes.
Use of software
You agree that the software and accompanying documentation ("Software") available for licensing from this site is the property of Spatial View and its licensors and is be protected by intellectual property laws and regulations including relating to copyrights, trade-marks, trade-names, and other similar rights.
You agree that the use of the Software is governed by the terms and conditions of the End User License Agreement. You will not be able to use, download, or install any Software unless you agree to the terms and conditions of such End User License Agreement.
Compliance with Laws
You represent, warrant and covenant that in accessing and using the Site you shall comply with all applicable laws, rules, regulations and by-laws of Canada or the country in which you reside, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission or exporting of technical data from Canada or the country in which you reside. Furthermore, you represent, warrant and covenant that you are not located, a resident of or domiciled in any country or jurisdiction that Spatial View is prohibited from communicating with and you agree that you shall not access this Site from such country or jurisdiction including, but not limited to, any jurisdiction that is on the Area Control List of the Exports and Imports Permit Act of Canada.
You acknowledge that the Software is subject to Canadian export jurisdiction, and may be subject to import and/or use regulations in other jurisdictions. You represent, warrant and covenant that: (i) it is your responsibility to comply with laws and regulations relating to the export of the Software from Canada and that you are not located, a resident of, domiciled or a national (citizen or national status) of any country or jurisdiction that Spatial View is prohibited from trading with, commercializing with, exporting to, or otherwise having any commercial relationship with under the laws of Canada; and (ii) you will comply with all applicable international, national, state, regional and local laws, and regulations, including any applicable import and use restrictions relating to the Software before attempting to import or use the Software; and
You represent, warrant and covenant that you will not, in any manner whatsoever, remove, convey, export, re-export or transmit the Software in a manner that would contravene the intent or the technical requirements of any export or trade laws, regulations, restrictions, or government policies in any country, including any international treaties or agreements, and that you will not allow, support, permit, encourage, assist or facilitate such activities by any other person or entity.
Use of the Site
You agree that the Site and the Spatial View Content are intended for Site visitors and customers of the Site. You agree not to use this Site or the Spatial View Content for any purpose not related to your personal interest in the Site. You are specifically prohibited from: (a) modifying, downloading, copying, or re-transmitting any or all of the Site or the Spatial View Content without, or in violation of, a written license or agreement with Spatial View; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating, duplicating or otherwise displaying the Site or the Spatial View Content by using framing or similar navigational technology (whether by Phishing or otherwise); (d) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any Site product or service if you are not expressly authorized by such party to do so; and (e) using this Site or Spatial View Content, including any of the features, tools and services on this Site, for any reason whatsoever other than for its intended purpose, including to communicate with Spatial View, to upload onto this Site, or otherwise transmit to this Site, any materials, content or images that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening content which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes.
Links to other Websites
You acknowledge and accept that Spatial View makes no representation, warranty, covenant, or claim regarding, and accepts no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Site, or websites linking to the Site. Such sites are not under the control of Spatial View and Spatial View is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Spatial View provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Spatial View of any site or any information contained therein. When you leave the Site, you acknowledge and confirm that our terms and policies do not govern your access to, and use of, other websites. You accept our recommendations that you should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
You agree that the inclusion of any such hyperlinks does not suggest, represent or imply that Spatial View monitors or endorses these websites. You agree that Spatial View does not accept any responsibility for such websites. You agree that Spatial View shall not be responsible or liable, directly or indirectly, for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, or otherwise) to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources. You agree that Spatial View shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
Internet Software or Computer Viruses
You agree that Spatial View shall not be responsible or liable for any software, data corruption, computer viruses, worms, or other destructive, harmful or disruptive files or programs that may infect or otherwise detrimentally affect your use of any computer equipment, data, content or other property on account of your access to, use of, or browsing on this Site, including your downloading of any of the Spatial View Content from this Site. You agree and accept that this Site is not error, bug, virus, worm, or disruption free, and you accept all risks associated with your use of, and access to, this Site on a "as is" basis. You agree that you are responsible for installing all necessary and appropriate anti-virus or other protective software.
Disclaimer
UNLESS OTHERWISE AGREED TO IN WRITING BY SPATIAL VIEW, YOU AGREE AND ACCEPT THAT: THIS SITE, AND ALL OF ITS OPERATIONS, SHALL NOT BE ERROR FREE OR UNINTERRUPTED; THE SITE OR THE SPATIAL VIEW CONTENT SHALL NOT NECESSARILY MEET YOUR REQUIREMENTS; THE SITE OR ANY SPATIAL VIEW CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL NOT NECESSARILY BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES; AND THE SITE AND SPATIAL VIEW CONTENT IS PROVIDED "AS IS", WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR COVENANTS OF ANY KIND; AND ALL WARRANTIES, REPRESENTATIONS OR COVENANTS WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TRUTH, QUALITY, COMPLETENESS, SUITABILITY RELIABILITY, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, OF THE SITE AND SPATIAL VIEW CONTENT ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION.
Exclusion of Liability
BY ENTERING THIS SITE YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS OF, AND USE OF THIS SITE IS AT YOUR OWN RISK AND THAT SPATIAL VIEW, ITS OWNERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, PARTNERS OR ANY OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ("SPATIAL VIEW PARTIES") SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER OR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING ANY DIRECT, THIRD PARTY, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, OR ANY OTHER LOSSES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES, EXPERT FEES, OR OTHER DISBURSEMENTS) WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, REGARDLESS OF WHETHER OR NOT SUCH LIABILITY OR DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTORILY, OR OTHERWISE, AND EVEN IF THE SPATIAL VIEW PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LIABILITY, IN ANY CONNECTION WITH YOUR BROWSING OF, RELIANCE ON, USE OF, INABILITY TO USE THIS SITE OR IN CONNECTION WITH ANY CONTENT, INFORMATION, DATA, PROMOTIONS, ACTIVITIES, ASSOCIATED WITH THIS SITE, OR IN CONNECTION WITH YOUR DOWNLOADING OF ANY MATERIALS, TEXT, DATA, IMAGES, VIDEO OR AUDIO FROM THIS SITE, INCLUDING BUT NOT LIMITED TO ANYTHING CAUSED BY ANY TRANSMISSION DEFECTS, VIRUSES, BUGS, WORMS, DESTRUCTIVE FEATURES, HUMAN ACTION OR INACTION OF ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS IN COMPUTER TRANSMISSIONS OR NETWORK CONNECTIONS. YOU AGREE AND CONFIRM THAT THIS LIMITATION ON LIABILITY IS FAIR AND REASONABLE IN THE CIRCUMSTANCES OF THIS AGREEMENT.
Indemnification
You agree to defend, indemnify and hold harmless Spatial View and their respective directors, officers, shareholders, partners, subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, loss, harm, costs, liabilities and expenses (including, but not limited to, reasonable lawyers’ fees) arising out of or in any way related to your access to and use of this Site, including any materials (or other content) that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Site Terms or of any representation, covenant or warranty contained herein, your unauthorized use of the Spatial View Content, or your violation of any rights of an other person.
E-mail
Feel free to e-mail Spatial View using this form. You acknowledge and agree any information sent to Spatial View will not be treated as confidential unless otherwise agreed upon by Spatial View.
You represent, warrant and covenant that you shall not email Spatial View any messages, materials, information, or communication (collectively "E-mail Communications") that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful harassing, pornographic, morally offensive, racist, criminal, quasi-criminal, obscene, profane, defamatory, libelous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, promote the excessive, irresponsible or underage consumption of alcohol, or otherwise violate any law or regulation.
You acknowledge and agree that the Internet is not a secure medium and any E-mail Communications may be lost, intercepted or altered and that there is absolutely no obligation on Spatial View to reply, respond, acknowledge or guarantee receipt of any E-mail Communications. You acknowledge and agree that Spatial View expressly denies and disclaims any liability for any costs, expenses, damage or loss, caused or alleged (whether arising in contract, tort, negligence, equity, statutorily or otherwise) to be caused by or in connection with E-mail Communications to or from this Site.
Applicable Law
This Site is controlled, operated and administered by Spatial View from within the Province of Ontario, Canada. This Site may be accessed by you from all provinces and territories of Canada. This Site is technically capable of being accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing this Web site, you agree and consent that all matters relating to access to, or use of this Site shall be governed by the sole and exclusive laws of the Province of Ontario and the federal laws of Canada applicable therein (without reference to conflicts of laws principles), and excluding the body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods, if applicable. You agree that the closest and most convenient connection for this Site, and the transactions contemplated thereby, is with the Province of Ontario, Canada.
You also agree, consent and acknowledge that you do so voluntarily that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of the courts of the Province of Ontario.
If Spatial View is obligated to go to court, to enforce any of its rights, or to collect any fees, you agree to reimburse Spatial View for its legal fees, costs and disbursements if Spatial View is successful.
Severability
If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. If any provision or part thereof of these Site Terms is wholly or partially unenforceable the parties or, in the event the parties are unable to agree, a court of competent jurisdiction, shall put in place thereof an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the terms of the unenforceable provision or part thereof. In the event that an enforceable replacement for such provision cannot be reached, you agree that (i) such provision shall be excluded from these Site Terms, (ii) the balance of these Site Terms shall be interpreted as if such provision were so excluded and (iii) the balance of these Site Terms shall be enforceable in accordance with the terms as interpreted in accordance with (ii) above mentioned.
General
You agree that any waiver of any provision of the Site Terms shall only be effective if in writing and signed by Spatial View. Spatial View's failure to insist upon or enforce strict performance of any provision of these Site Terms shall not be construed as a waiver of any provision or right.
