Terms of use

Web Site Terms and Conditions of Use

1. Acceptance of Agreement

   These Terms of Use are between you and all persons you represent (and for the purposes of these Terms of Use, “person” includes natural persons and any type of incorporated or unincorporated entity) and Devolutions Inc. (“Devolutions”) regarding your access to and use of devolutions.net website and all content, information, products and services available on or through the website (collectively, the “Website”). Please read this page carefully. You should visit this page periodically to review these Terms of Use, because they are binding on you.

   Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by these Terms of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and any person you purport to represent. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use on behalf of the person you purport to represent, you may not access or use the Website.

   These Terms of Use are in addition to any other agreement you may have with Devolutions, including a transaction agreement or a Software License Agreement.

2. Changes to these Terms of Use

   Devolutions may, in its sole discretion, change these Terms of Use from time to time as it relates to future use of the Website, by posting revised Terms of Use on the Website. By using the Website after these revised Terms of Use have been posted, you signify your acceptance and agreement to be bound by the revised Terms of Use. You may not change these Terms of Use in any manner.

3. Ownership

   The Website (including all content, page headers, custom graphics, button icons, logos, names, marks, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Devolutions and others, and is protected by Canadian and international copyright, trademark and other laws. Unauthorized use of the Website may violate copyright, trademark, and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Terms of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

4. Permitted and Prohibited Use of the Website

   You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Devolutions.

   You may not:

   1. use the Website in order to transmit, distribute, store or destroy its contents (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) in a manner that is defamatory, obscene, threatening, abusive or hateful;
   2. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
   3. sell or resell any part of the Website or access to the Website;
   4. use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.
   
   

   You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Devolutions will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

5. No Linking, Framing, Mirroring, etc.

   Links to the Website without the express written permission of Devolutions are strictly prohibited. To request permission to link to the Website, please send an email to infos@devolutions.net. Devolutions may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.

6. Misprints and Product Availability and Prices

   Devolutions endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Devolutions cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Devolutions does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.

   Devolutions reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services and any other Website content without any notice or liability to you or any other person. Devolutions does not make any commitment to update the Website.

   The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in U.S. dollars.

7. Forums and Postings

   You are responsible for your own communications and are responsible for the consequences of your postings. You must not, and by using this Website you agree not to, do the following things:

   1. post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
   2. post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
   3. post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
   4. post a sexually-explicit image or statement;
   5. post advertisements or solicitations of business, post chain letters or pyramid schemes;
   6. impersonate another person; or
   7. post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

   Devolutions does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users. You acknowledge that any reliance on material posted by other users will be at your own risk. Devolutions acts as a passive conduit for the online publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms of Use, Devolutions may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Devolutions has no liability or responsibility to users for performance or nonperformance of such activities. Devolutions reserves the right to expel users and prevent their further access to the web site for violating the Terms of Use or the law and the right to remove communications which are abusive, illegal, or disruptive. Devolutions may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Devolutions or may cause Devolutions to lose (in whole or in part) the services of its ISPs or other suppliers.

   By submitting content to any public or non-public area of the web site, you grant Devolutions and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

8. Login Names and Passwords

   Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Codes”) by Devolutions. For the purposes of accessing the Website, the Codes remain the property of Devolutions and may be cancelled or suspended at any time by Devolutions in its discretion without any notice or liability to you or any other person.

   Devolutions is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. Devolutions may act upon any communication that is given with the use of Codes. Devolutions may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if Devolutions is not satisfied with such proof.

   If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with these Terms and Conditions; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website; and (e) you will immediately notify Devolutions by email to infos@devolutions.net if you know or suspect that any Codes have been lost or stolen or become known to or used by any other person.

9. Software Agreements

   Devolutions may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.

10. Submitted Information

    All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. Devolutions will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Devolutions or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.

11. No Warranties, Disclaimers and Liability Exclusions and Limitations

    YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY DEVOLUTIONS TO THE FULLEST EXTENT PERMITTED BY LAW.

    DEVOLUTIONS DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DEVOLUTIONS IS NOT RESPONSIBLE FOR THOSE COSTS.

    DEVOLUTIONS WILL NEVER BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY LOSS OR DAMAGE ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THESE TERMS OF USE INCLUDING BUT NOT LIMITED TO LOSS OF DATA, BUSINESS, MARKETS, SAVINGS, INCOME, PROFITS, USE, PRODUCTION, REPUTATION OR GOODWILL, ANTICIPATED OR OTHERWISE, OR ECONOMIC LOSS, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING (INCLUDING WITHOUT LIMITATION GROSS NEGLIGENCE AND FUNDAMENTAL BREACH) BY DEVOLUTIONS OR ANY PERSON FOR WHOM DEVOLUTIONS IS RESPONSIBLE, AND EVEN IF DEVOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE BEING INCURRED.

    THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES IS PROHIBITED IN SOME JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.

12. Indemnity

    You agree to defend, indemnify, and hold harmless Devolutions, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the Website or your breach of these Terms of Use. Devolutions shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.

13. Protection of Personal Information

    Devolutions collects, uses and discloses personal information in accordance with its Privacy Policy, which is available on the Website and which may be changed from time to time by Devolutions in its discretion without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Website. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information by Devolutions in accordance with the Privacy Policy as it then reads.

14. Links to Other Sites

    For your convenience, the Website may include links or references to other Internet sites or resources and businesses operated by other persons (collectively “Other Sites”). Other Sites are independent from Devolutions, and Devolutions has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Devolutions does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you will not make any claim against Devolutions arising from, connected with, or relating to your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Devolutions, these Terms of Use, with all necessary modifications, applies to your access and use of any Other Sites and their business, goods, services and content.

15. Termination

    Notwithstanding any other provision of these Terms of Use, Devolutions may in its discretion change, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Devolutions may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person. In such a case, you must destroy any downloaded materials in your possession whether in electronic or printed format.

    If these Terms of Use or your permission to access or use all or any part of the Website is terminated for any reason, then these Terms of Use and all other then existing agreements between you and Devolutions will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.

16. Governing Law and Dispute Resolution

    These Terms of Use are governed by the internal substantive laws of the Province of Quebec, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of Montreal, Province of Quebec.

17. General Provisions

    If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Terms of Use and the remaining provisions will continue in full force and effect. These Terms of Use enure to the benefit of and is binding upon each of Devolutions and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. Except as expressly provided in additional terms of use for areas of the Website, these Terms of Use constitute the entire agreement between you and Devolutions with respect to the use of the Website. You may not assign these Terms of Use or the rights and obligations under these Terms of Use. Devolutions may assign these Terms of Use and its rights and obligations under these Terms of Use without your consent. No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under these Terms of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.

    The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s'y rapportent soient rédigés en anglais.

Our Privacy Commitment

At Devolutions we know how important it is to protect your personal information. We have therefore developed this Privacy Policy to explain our practices for the collection, use, and disclosure of your personal information. All references to “Website” in this Privacy Policy mean devolutions.net.

What Information does Devolutions Collect?

We collect two types of information: personal information and non-personal information. The types of information we collect depend on the nature of your interaction with us.

1. Personal information: personal information is information that can identify an individual or information about an identifiable individual. We may collect personal information such as:
   1. your contact information – e.g., name, postal address, telephone number, and email address;
   2. your personal preferences – e.g., product wish lists, language preferences, and marketing consent; and
   3. your transaction information – e.g., products purchased, method of payment, amount paid.
2. Non-personal information: non-personal information does not identify you as an individual. For example, we may collect certain non-personal data when you visit our Website, such as the type of browser you are using or the referring URL, or we may collect and summarize customer information in a non-personal, aggregate format for statistical and research purposes.

You may choose not to provide us with your personal information. However, if you make this choice we may not be able to provide you with the product, service, or information that you requested.

How is Your Personal Information Used?

Devolutions may use your personal information for a number of different business purposes, for example to:

• fulfill your specific requests for products, services or information;
• provide customer support to assist you with your questions or complaints;
• conduct surveys in order to improve our services;
• measure and improve the effectiveness of our Website or our marketing endeavours;
• detect and protect against fraud and error;
• track and analyze your purchases and preferences to better understand your product and service needs and eligibility;
• tailor our online content based on your preferences;
• if you ask us, to offer and promote additional products and services we offer; and
• for other purposes as described in this Privacy Policy.

Your Consent

Devolutions will collect, use, or disclose your personal information only with your knowledge and consent, except where required or permitted by law. When you choose to provide us with your personal information you consent to the use of your personal information as identified in this Privacy Policy and as may be further identified at the time of collection.

• Express Consent: sometimes you will be asked to give your express consent, such as by checking a box to indicate your consent to receive marketing communications, or by providing your signature to indicate your acceptance of the use and disclosure terms presented on an application form.
• Implied Consent: other times, we may obtain your consent implicitly when we can reasonably conclude that you’ve given consent by some action you have taken or an action you have decided not to take. Generally, this occurs where the purpose for use of your personal information would be reasonably apparent to you.
• Withdrawing your consent: you may notify us at any time that you wish to withdraw or change your consent to our use and disclosure or your information. We will accommodate your request subject to legal and contractual restrictions related to your transactions.

If you have “opted in” or subscribed to one of our newsletters or mailing lists, we will always provide you the opportunity to “opt out” or unsubscribe.

Information Devolutions Collects Directly from You

Listed here are some further examples of the ways that we collect personal information directly from you and how we use it.

Our Website: our Website can be browsed anonymously. However, to engage in certain special features or functions of our Website, or to order products and services from our Website, you may be asked to provide certain personal information, such as your name, email address, postal address, telephone number, or credit card information. We use this information to create your account, contact and correspond with you about your order, respond to your inquiries, and monitor functions of our Website that you choose to use, such as online forums.

Online Forums: Certain pages of our Website facilitate interactive discussions between users and Devolutions staff acting on our behalf regarding products and services available for purchase through the Website. These public forums are accessible to all Website visitors so please use discretion when posting information to them and do not post personal information.

Sign-Up for Newsletters or Updates: Devolutions may also offer a variety of newsletters and promotional communications. Should you choose to enrol we will collect your contact information, such as name and email address. This information will only be used to send you the newsletter and promotional announcements that you have requested. You may “unsubscribe” at any time by using the unsubscribe link included in the footer of the newsletter or by using the unsubscribe link included below under the heading “Unsubscribe”. Our subscriber list is never sold or rented to other parties.

Information Devolutions Collects Automatically

In some cases, we automatically collect certain information.

Our Website: When using our Website, we may collect the Internet Protocol (IP) address of your computer, the IP address of your Internet Service Provider, the date and time you access our Website, the Internet address of the Web site from which you linked directly to our Website, the operating system you are using, the sections of the Website you visit, the Website pages read and images viewed, and the content you download from the Website. This information is used for Website and system administration purposes and to improve the Website.

Cookies: The Website uses “cookies”, a technology that installs a small amount of information on a Web Site user's computer to permit the Website to recognize future visits using that computer. Cookies enhance the convenience and use of the Website. For example, the information provided through cookies is used to recognize you as a previous user of the Website (so you do not have to enter your language preference every time), to offer personalized Web page content and information for your use, to track your activity at the Website, to respond to your needs, and to otherwise facilitate your Website experience. You may choose to decline cookies if your browser permits, but doing so may affect your use of the Website and your ability to access certain features of the Website or engage in transactions through the Website.

Website Tracking Information: We may use web beacons or pixel tags to compile tracking information reports regarding Website user demographics, Website traffic patterns, and Website purchases. We may then provide these reports to advertisers and others. None of the tracking information in these reports can be connected to the identities or other personal information of individual users. For our own research purposes we may link tracking information with personal information voluntarily provided by Website users. Once such a link is made, all of the linked information is treated as personal information and will be used and disclosed only in accordance with this Privacy Policy.

Links to Other Web Sites: Our Website may contain links to other Web sites or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting another Web site or Internet resource. Devolutions has no responsibility or liability for, or control over, those other Web sites or Internet resources or their collection, use and disclosure of your personal information. We encourage you to read the privacy policies of those other Web sites to learn how they collect and use your personal information.

Does Devolutions Share Your Information?

Devolutions does not sell or rent its customers’ personal information to any other party. However, in the normal course of business we may share some of your personal information with third parties acting on our behalf or as permitted or required by law.

Service Providers: Devolutions may use third parties to manage one of more aspects of its business operations, including the processing or handing of personal information. When we do use an outside company, we use contractual or other appropriate means to ensure that your personal information is used in a manner that is consistent with this Privacy Policy.

Legal Disclosure: Devolutions may disclose your information as permitted or required by law. For example, we may be compelled to release information by a court of law or other person or entity with jurisdiction to compel production of such information. If we have reasonable grounds to believe information could be useful in the investigation of improper or unlawful activity, we may disclose information to law enforcement agencies or other appropriate investigative bodies.

When is Your Information Removed?

We keep your information only as long as we need it for legitimate business purposes and to meet any legal requirements. We have retention standards that meet these parameters. We destroy your information when it is no longer needed, or we remove your personally identifiable information to render it anonymous.

How does Devolutions Protect Your Information?

The security of your personal information is a high priority for Devolutions. We maintain appropriate safeguards and current security standards to protect your personal information, whether recorded on paper or captured electronically, against unauthorized access, disclosure, or misuse.

How Can You Verify Your Information?

You may check your information to verify, update, or correct it, and to have any obsolete information removed. You can also ask to review any of the information that we have retained, how we have used it, and to whom we have disclosed it at any time by contacting us as indicated below under the heading “Contacting Devolutions”. Subject to certain exceptions prescribed by law, and provided we can authenticate your identity, you will be given reasonable access to your personal information, and will be entitled to challenge the accuracy and completeness of the information and to have it amended as appropriate. You may also ask us to change your preferences regarding how we use or disclose your information, or let us know that you do not wish to receive any further communication from us.

Contacting Devolutions

Devolutions is responsible for all personal information under its control. If you have any questions, concerns or complaints about the privacy practices of our organization please contact us at the following:

We will respond to your request or investigate your concern as quickly as we can.

Please remember that email sent over the public Internet is not secure. If you send an email directly to us from your own email account the contents will not be encrypted. We strongly recommend that you do not send sensitive information (like a credit card number) to us via unencrypted email. Devolutions is not responsible for any transmission by you of any personal information over the public Internet.

Will this Privacy Policy Change?

To accommodate changes in our services, changes in technology, and legal developments, this Privacy Policy may change over time without notice to you. We may add, change, or remove portions of the Privacy Policy when we feel it is appropriate to do so. We encourage you to review our Privacy Policy periodically. Each time you submit personal information or use our services you agree to be bound by the then current terms of the Privacy Policy. Whenever we update the Privacy Policy we will change the date to indicate when the changes were made.