Vintri Technologies Inc. (“Vintri”), provides vintriid.com, vintritech.com and vintriplant.com (the “Site”) to you, the user, subject to your compliance with the terms, conditions, and notices referenced herein (the “Terms”), as well as any other written agreement that may be in place between Vintri and you. In addition, when using particular services or materials available or accessible via the Site, users shall be subject to any posted rules or guidelines applicable to such services or materials, which may contain terms and conditions in addition to those in these Terms. All such rules or guidelines are hereby incorporated by reference into these Terms.

By accessing or using the Site, you accept unreservedly, and agree to be bound by, the Terms. You may use the Site only if you are legally able to form a binding contract in Alberta, Canada or in your jurisdiction. If you are accepting the Terms on behalf of a corporation or other legal entity, you represent and warrant that you are authorized to do so. If you do not agree to these Terms, you are not authorised to use this site and must cease access to or use of the Site immediately. These terms apply to each and every visit that you may make to the Site.

Account Registration

As a condition to using certain aspects of the Site, you may be required to register an account with Vintri and select a username and password. Should you register an account, you shall provide Vintri with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your account credentials. For greater certainty, these Terms apply to anyone who accesses or uses the Site, regardless of registration or subscription status.

Your Obligations

You are solely responsible for your use of the Site, and any content you submit as part of your use of the Site. When using the Site, you agree to abide by the following standards:

  • You will obey all applicable laws and regulations;
  • You will not misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
  • You will not submit any content (privately or publicly) via forms on the Sites or to emails published on the Site that:
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Vintri’s rules or policies;
  • victimizes, harasses, degrades, or intimidates an individual or group of individuals for any reason, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party;
  • constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; and/or

f.    impersonates any person or entity, including any Vintri employees or representatives.

In addition, you agree as follows with respect to your use of the Site:

  1. not to alter or modify any part of the Site;
  2. not to bypass, disable or otherwise interfere with any security-related features of the Site or features that prevent or restrict use or copying of any Site content or enforce limitations on use of the Site or the Site’s content;
  3. not to take any action that imposes or may impose (as determined by Vintri in its sole discretion) an unreasonable or disproportionately large load on Vintri’s (or its third party providers’) infrastructure;
  4. not to use or launch any system that accesses the Site automatically or to install or transmit any computer program or software on or via the Site;
  5. to act in a respectful and conscientious manner when using the Site;
  6. not to use the communication systems provided by the Site for any commercial solicitation purposes, except for as expressly permitted by Vintri;
  7. not to solicit, for commercial purposes, any users of the Site;
  8. that you are not entitled to remuneration or compensation of any kind from Vintri for your use of the Site; and
  9. not to use the Site for any commercial purpose not intended to be allowed by the Site without Vintri’s prior written consent.

You may not use your account or the Site to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else’s use and enjoyment of the Site or other similar services. Users who violate systems or network security may incur criminal or civil liability. Your failure to comply with any of the above conditions and restrictions of use constitutes grounds for Vintri to immediately, and in our sole discretion, terminate your access to and use of the Site and its contents. You agree that Vintri may at any time, and in its sole discretion, terminate your membership, account, or other affiliation with the Site without prior notice to you for violating any of the above provisions. In such event, Vintri shall have no liability to you or any third party for your failure to comply with the Terms or any losses or damages that may result from your use of the Site, nor for any interruption or termination of your access or use of the Site.

Content

While using the Site, you may have access to: (i) content that you upload or provide while using the Site (“Your Content”); (ii) content that other users upload or provide while using the Site (“Member Content”); and (iii) content that Vintri provides on and through the Site (“Vintri Content”). For greater certainty, “content” includes all text, images, video, audio, or other material on the Site, including information on users’ profiles and in direct messages between users.

You are solely responsible for Your Content, including ensuring that Your Content is relevant to the intended use of the Site. You represent and warrant to Vintri that the information you provide to Vintri or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy.

You acknowledge and agree that Your Content may be viewed by other users and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant that you have all necessary rights and licenses to do so and automatically grant Vintri a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify and distribute Your Content, in whole or in part. You understand and agree that Vintri has the right to remove, delete, edit, limit, block, or prevent access to any of Your Content at any time in Vintri’s sole discretion. Further, you acknowledge and agree that Vintri has no obligation to display or review Your Content.

Other users will also share content on the Site. Member Content belongs to the user who posted the content and is stored on Vintri’s servers and displayed at the direction of that user. You do not have any rights in relation to Member Content, and you may only use Member Content to the extent that your use is consistent with the purposes of the Site and your user privileges.

Any other information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on the Site, and other intellectual property appearing on the Site, is owned, controlled or licensed by Vintri and protected by intellectual property rights. All right, title and interest in and to Vintri Content remains with Vintri at all times.

You agree that Vintri may access, preserve, and disclose your account information, including Your Content, if required to do so by law, or upon a good faith belief that such access, preservation or disclosure is reasonably necessary to company with legal process, enforce the Terms, respond to claims that any content violates the rights of third parties, or protect the rights, property and personal safety of Vintri or any person.

Security

In order to ensure that the Site remains available to all users, you understand and agree that Vintri  may monitor network traffic to identify unauthorised attempts to upload or change information or to otherwise cause damage to the Site, and may monitor or review Your Content. By using this Site, you consent to such monitoring.

Unauthorised attempts to modify, alter, deface, destroy or corrupt any information stored on or accessible via the Site, to defeat or circumvent any security features, to probe, scan or test for vulnerabilities, to breach security or authentication measures, to forge TCP/IP headers, to install or attempt to install unauthorised software, to mount Denial of Service attacks, or to utilise the Site for other than its intended purposes are expressly prohibited and may result in criminal prosecution.

Any possible criminal activity will be reported, together with any evidence which may be gathered, to the appropriate authorities.

Individual account sharing is strictly prohibited, and any sharing of account credentials will result in the account being disabled for access. As the owner of your account, you are fully responsible and liable for all activity conducted by the account.

Disclaimer of Warranties and Limitation of Liability

Every effort is made to provide useful, accurate and complete information on the Site. However, Vintri cannot guarantee that there are no errors in such information, and makes no claims, promises or guarantees about the accuracy, completeness, usefulness or adequacy of the content or information present on or accessible via the Site. The information, content and material on or accessible via the Site is provided solely for general information purposes and does not constitute professional advice of any nature.

Vintri expressly disclaims liability of any sort for errors and omissions in the contents of the Site. THE SITE AND ALL MATERIALS AND CONTENT ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, VINTRI MAKES NO WARRANTY THAT (A) THE SITE, CONTENT AND/OR MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE, CONTENT, AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. VINTRI MAY MAKE CHANGES TO THE SITE AND THE CONTENT AND MATERIALS ON THE SITE, AT ANY TIME WITHOUT NOTICE.

THE SITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND MAY BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY CONTENT OR MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

Vintri shall not be liable to you or any third party in any circumstances for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages or losses whatsoever resulting from loss of use, loss of data,  loss of revenues or loss of profits, whether or not Vintri has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with any use of the Site, or any content, materials, information or services available on or accessible via the Site.

Third Party Information and Disclaimer of Endorsement

The Site, and material, content and documents posted on it, may contain hypertext links or pointers to information created and maintained by third parties. This information is not under the control of Vintri, and Vintri is not responsible for the accuracy, legal compliance, or any other aspect of such information, and does not guarantee the accuracy, relevance, usefulness, timeliness, or completeness of any linked information.

The inclusion of links or pointers to other sites is provided for convenience only, and is not intended to assign importance to those sites and the information contained in them, nor is it intended to endorse, recommend, or favour any views expressed, or commercial products or services offered on those sites, or the organisations sponsoring the sites, by trade name, trademark, manufacture, or otherwise.

Reference on the Site to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the Site’s visitors, and does not constitute endorsement, recommendation, or favouring by Vintri.

The views expressed by any individual within the web forum accessible via the Site are the views of that individual only and do not reflect or represent in any way the views of Vintri.

Intellectual Property Rights and Copyright

All content on the Site, and all content of any documents, information or materials provided to visitors or clients via the Site (or in, for instance, newsletters) is the property of Vintri unless stated otherwise. Except as expressly stated in this document, Vintri does not grant any express or implied rights to use the Site and such content.

The software and accompanying documentation that is available for use from the Site is the copyrighted and/or patented work of Vintri and/or its suppliers. Use of the software, and any fees applicable to use or access of the software, is governed by the terms of the subscription agreement between you and Vintri.

Indemnification

Upon a request by Vintri, you agree to defend, indemnify, and hold Vintri harmless from all liabilities, claims, and expenses, including solicitor-client costs on a full indemnity basis, that arise from your use or misuse of the Site, your violation of any of the Terms, your violation of any third party right, including, without limitation, any intellectual property or privacy right, or any claim that Your Content caused infringement or other damage to a third party. This indemnification obligation will survive these Terms and your use of the Site.

Changes to the Site and Terms

Vintri reserves the right, in its sole discretion, to either modify or discontinue the Site, including any of its related features, and to change or modify these Terms, at any time with or without notice to you. Vintri will not be liable to you or any third party should it exercise such right. Your continued use of the Site after any such modifications or changes will constitute your acceptance thereof, and any new features that augment or enhance the then-current services on the Site shall also be subject to these Terms.

Availability

The services, content and information contained in or accessible via the Site are available only in jurisdictions where they may be legally provided. Where services are available, they will be provided in accordance with additional terms and conditions.

Termination of Use

If you are dissatisfied with the Site or these Terms, your sole and exclusive remedy is to discontinue using the Site. You agree that Vintri may, in its sole discretion, terminate or suspend your account or your access to all or part of the Site with or without notice and for any reason including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for termination and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Site immediately ceases, and you acknowledge and agree that Vintri may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Vintri shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by Vintri in connection with such termination or suspension.

International Use

Although the Site may be accessible worldwide, Vintri makes no representation that materials or content on the Site are appropriate or available for use in locations outside Canada and accessing them from territories or jurisdictions where their contents are illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Severability

Each provision of the Terms shall be interpreted as severable and shall not in any way affect any other provision of the Terms. Notwithstanding the foregoing, if any of these Terms are at any time held in any jurisdiction to be void, invalid or unenforceable, then the Terms shall be treated as changed or reduced, only to the extent minimally necessary to bring the Terms within the laws of that jurisdiction and to prevent it from being void, and the Terms shall be binding in that changed or reduced form. .

No Waiver

No waiver by Vintri in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.

Governing Law

The Site (excluding any linked site) is controlled by Vintri from its offices in Alberta, Canada. It can be accessed from all Canadian Provinces and Territories, as well as from other countries around the world. As each of these jurisdictions has laws that may differ from those of Alberta, by accessing the Site, you agree that the  Terms shall be governed by and construed in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein, and explicitly agree to submit to the exclusive jurisdiction and venue of the courts of the Province of Alberta and the federal courts of Canada to deal with any matter arising from or in any way, whether directly or indirectly, related the use of the Site..

Support Level Objective

The Site will be available 99.5% of the time with regular outages scheduled Sunday from 6-10PM MST. These Terms do not apply to, nor cover, outages caused by equipment and/or events not under the direct control of Vintri or caused by individuals not directly employed by Vintri.

Whistle Blower

Any user of the Site should use the ticketing system to advise Vintri if they become aware of someone using the Site in a way that violates these Terms. Where this system is used, Vintri will not disclose the identity of the person making the report.

Contact

You can contact Vintri at privacy@vintritech.com for more information or with any questions.