Terms of Use
General
The information appearing on this website is for your general guidance. It is not intended to provide you with legal advice and is subject to change without notice. Please consult your own legal advisor before taking any action based on information appearing on this website or any website to which it may be linked.
Agreement to Terms of Use
The following are terms of a legal agreement between you and
Wrapped Apps Corporation. By accessing or using our website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions.
Wrapped Apps Corporation reserves the right, in its discretion, to update or revise these Terms of Use and to post such updated or revised Terms of Use on this website. If you do not agree to these Terms of Use, please do not use this website. Please check the Terms of Use periodically for changes. Your continued use of this website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
Disclaimer
Your use of our website is entirely at your own risk.
Wrapped Apps Corporation assumes no responsibility for the accuracy of the information contained on the website. The information, documents, and software made available on this site are provided as is without any express or implied warranties or conditions of any kind; whether arising by law, usage or trade. The incorporation of (new) product attributes, as they may be discussed in materials posted on this web site, into any release or upgrade of any
Wrapped Apps Corporation productas well as the timing of any such release or upgradeis at the sole discretion of
Wrapped Apps Corporation.
Privacy
If you are ever requested to provide
Wrapped Apps Corporation with Personal Information, such information is subject to
Wrapped Apps Corporation's
Privacy Policy
Third Party Information and Links
This website contains hyperlinks, which will take you out of the
Wrapped Apps Corporation website and connect you to third party websites.
Wrapped Apps Corporation provides these hyperlinks to you as a convenience only. The inclusion of any hyperlink does not imply endorsement of the website by
Wrapped Apps Corporation. These websites are not under the control of
Wrapped Apps Corporation, and by accessing them, you do so at your own risk.
This website may also incorporate information obtained from third parties ("Third Party Information"). This Third Party Information is not under the control of
Wrapped Apps Corporation, and
Wrapped Apps Corporation is not responsible for the contents of any Third Party Information; including without limitation the accuracy, copyright compliance, legality, decency, links or any other aspect of Linked Websites.
Wrapped Apps Corporation is not responsible for any form of transmission received from any Linked Website nor is
Wrapped Apps Corporation responsible if the Linked Website is not working appropriately. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any Linked Websites.
Any dealings with third parties conducted through the website or Linked Websites; including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the third party.
Wrapped Apps Corporation shall not be responsible or liable for any part of any such dealings.
Your Use Obligations
In consideration of your use of any services provided on the website, you agree to: (a) provide true, accurate, current and complete information about yourself where prompted by the website (such information being the "Personal Information") and (b) maintain and promptly update the Personal Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or
Wrapped Apps Corporation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
Wrapped Apps Corporation has the right to suspend or terminate any services provided to you by
Wrapped Apps Corporation and refuse any and all current or future use of
Wrapped Apps Corporation services (or any portion thereof).
You are responsible for all activities undertaken by you using any service provided by
Wrapped Apps Corporation. All such activities are at your own risk. You shall not use, or permit others to use, this website or any
Wrapped Apps Corporation services provided through this website in a manner or for a purpose contrary to these Terms of Use. You are responsible for all activities that occur under your password or account, and will keep your password(s) confidential. You will immediately notify us of any unauthorized use of your password or account or any other breach of security.
Prohibited Uses
You may not use this website and/or
Wrapped Apps Corporation
Wrapped Apps Corporation services in any manner which could damage, disable, overburden, or impair this website and/or any
Wrapped Apps Corporation services (or the network(s) connected to such website or services) or interfere with any other party's use and enjoyment of this website and/or
Wrapped Apps Corporation services. You may not attempt to gain unauthorized access to this website and/or any
Wrapped Apps Corporation service, other accounts, computer systems or networks connected to this website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through this website.
International Use
Wrapped Apps Corporation makes no representation that the information contained in this website or that access to this website is appropriate or available for use throughout the world. You are responsible for compliance with all applicable local laws in the geography from which you access this website; including but not limited to, all applicable export and import laws and regulations.
Wrapped Apps Corporation makes no representation that materials on this website are appropriate or available for use in locations outside Canada and the United States, and accessing them from territories where their contents are illegal is prohibited. Any claims relating to our website shall be governed by the laws of the Province of Ontario, Canada.
Downloads from this website
Permission is granted for you to make a single copy of documents published by
Wrapped Apps Corporation on our website solely for informational and non-commercial use within your organization; provided that you do not alter the documents, and keep intact all copyright and other proprietary notices. No other use of the information provided is authorized.
You agree that you will not download any content or software from this website without complying with all applicable use controls, laws and regulations; and you warrant that you will not download any content or software where such downloading is prohibited by local laws. You agree that any software which you download is governed by the licensing terms accompanying the software or if no license terms accompany the software, the licensing terms contained in your agreement with
Wrapped Apps Corporation authorizing you access to download such software or the license agreement which accompanied the original product licensed by you which you are updating.
Indemnification
Upon reasonable request by
Wrapped Apps Corporation, you agree to defend, indemnify, and hold harmless
Wrapped Apps Corporation and its employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this website, including without limitation content sent to you, your connection to this website and/or
Wrapped Apps Corporation services, your non-compliance with these terms and conditions of use, or your violation of any third-party rights.
Wrapped Apps Corporation reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with
Wrapped Apps Corporation in asserting any available defenses.
Limitation of Liability
You specifically agree that
Wrapped Apps Corporation shall not be responsible for unauthorized access or alteration of your transmissions or data, any material or data sent or received, or any transactions entered into through this website. You specifically agree that
Wrapped Apps Corporation is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content, or conduct of any other party or any infringement of anothers rights, including intellectual property rights.
In no event shall
Wrapped Apps Corporation be liable for any special, incidental, indirect, punitive, or consequential damages of any kind, or any damages whatsoever, whether in contract, tort, strict liability, or otherwise; (including without limitation, those resulting from: (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data, or profits, (4) delays or business interruptions, (5) and any theory of liability) arising out of or in connection with the use of, or inability to use this website, whether or not
Wrapped Apps Corporation has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so that the above limitations or exclusions may not apply to you.
Submission of Material
Wrapped Apps Corporation does not claim ownership of the materials you provide to
Wrapped Apps Corporation in any way. However, by posting, uploading, inputting, providing or submitting any such materials, you are granting
Wrapped Apps Corporation and any necessary sub-licensees permission to use your submitted materials in connection with the operation of its business; including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submitted material; and to publish your name and any contact information you approve of in connection with your submitted material.
No compensation will be paid with respect to the use by
Wrapped Apps Corporation of your submitted material, as provided herein.
Wrapped Apps Corporation is under no obligation to post or use any material you may provide and
Wrapped Apps Corporation may remove any such material at any time in its sole discretion. By posting, uploading, inputting, providing or submitting your material you warrant and represent that you own or otherwise control all of the rights to your material as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the material.
Notwithstanding the foregoing, any suggestions, improvements or modifications to
Wrapped Apps Corporation products and services ("Enhancements") made by you or anyone acting on your behalf, including your employees, will be the property of
Wrapped Apps Corporation without any further consideration to you, whether or not such Enhancements are incorporated into
Wrapped Apps Corporation products and services.
In the event that you submit Personal Information to
Wrapped Apps Corporation in confidence through this website, you consent to the collection, processing, transmission and disclosure of such information by
Wrapped Apps Corporation for the purposes of
Wrapped Apps Corporation internal use and specifically the purposes set out on the web page requesting such information or in
Wrapped Apps Corporation Privacy Policy.
Wrapped Apps Corporation will make commercially reasonable efforts to keep such Personal Information confidential, and shall not disclose such Personal Information to any third party except: (a) in confidence and to facilitate the provision of products and services to you, (b) to the extent required by law, or (c) in accordance with
Wrapped Apps Corporations Privacy Policy.
Intellectual Property Rights
Neither you nor anyone acting on your behalf, including your employees, acquire any intellectual property or other proprietary rights, including patents, designs, trademarks, copyright or trade-secrets, relating to the contents of this website; including without limitation, software and information, except as otherwise expressly specified in an appropriate license or other mutually agreed upon, written agreement that you may have with
Wrapped Apps Corporation. Any rights not expressly granted herein are reserved.
Information Subject to Change
Information published on this website is subject to change without notice.
Wrapped Apps Corporation may also make improvements and/or changes in the products and/or the programs described in this website at any time without notice. Mention of non-
Wrapped Apps Corporation products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.
Product Names, Brand Names, and Trademarks
Wrapped Apps,
Wrapped Apps & Design,
Apps On Demand, AppsOnDemand, Wrapped AppsOnDemand, Virtual Multi-Tenancy, VMT™, SMB in a Box, and Wrap n Grow: Its that easy! are all trademarks belonging to Wrapped Apps Corporation. All other product and brand names are trademarks or registered trademarks of their respective holders. Products and services may vary from country to country. Please contact your local Wrapped Apps Corporation representative for specific information.
Copyright Notice
Unless otherwise indicated, information contained in this site is Copyright © 1999-2007 Wrapped Apps Corporation. All Rights Reserved.
The design and layout of this website are both the copyrighted property of Wrapped Apps Corporation, so please do not copy either.
Violation of Terms and Conditions of Use and Termination
Where feasible (at Wrapped Apps Corporation's sole discretion), Wrapped Apps Corporation will advise you of any inappropriate behaviour on your part and any necessary corrective action. However, if this website or any Wrapped Apps Corporation services are used in a way in which Wrapped Apps Corporation, at its sole discretion, deems to violate these terms of use, Wrapped Apps Corporation or its agent may take any remedial actions they deem appropriate. Such action may include, but is not limited to, temporary or permanent removal of content, and filtering of Internet transmissions. Wrapped Apps Corporation shall not be liable in any way for any such responsive actions. The above-described actions are not Wrapped Apps Corporation's exclusive remedies and Wrapped Apps Corporation may take any other legal, equitable or technical action it deems appropriate.
Wrapped Apps Corporation reserves the right to investigate suspected violations of these terms and conditions of use. You hereby authorize Wrapped Apps Corporation to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations and (2) system administrators at Internet service providers, networks or computing facilities in order to enforce these terms of use. Such cooperation may include Wrapped Apps Corporation providing the username, IP address, or other identifying information about you. Upon termination of any account you may have with Wrapped Apps Corporation, you authorize Wrapped Apps Corporation to delete any files, programs, data and email messages associated with such account.
Notwithstanding the foregoing, Wrapped Apps Corporation reserves the right, in its sole discretion, to terminate your access to this website and Wrapped Apps Corporation services or any portion thereof, for any reason without notice.
Notice
All demands, notices, communications and reports required under these terms of use, including any notice of infringement of your copyright, shall be in writing and shall be either sent by facsimile transmission with confirmation to the number specified below or personally delivered or sent by reputable overnight courier services (delivery charges prepaid) to Wrapped Apps Corporation at the address specified below:
Wrapped Apps Corporation
260 Hearst Way, Suite 401
Kanata, Ontario
K2L 3H1 Canada
Toll-Free: 1-877-388-6742
International: +1 613.591.7552
Fax Number: +1 613.591.0523
Attention: Lead Corporate Counsel
General Provisions
This website is controlled by Wrapped Apps Corporation in Ottawa, Ontario, Canada. By accessing this website, you agree that any legal matter that may arise between you and Wrapped Apps Corporation relating to the contents of this website shall be governed by the laws of the Province of Ontario, Canada, and exclusively by its courts.
The parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to these terms of use or to any contracts relating to goods or services obtained through this site. No joint venture, partnership, employment, or agency relationship exists between you and Wrapped Apps Corporation as a result of this agreement or use of this website and/or Wrapped Apps Corporation services. Wrapped Apps Corporation's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Wrapped Apps Corporation's right to comply with governmental, court and law enforcement requests or requirements relating to your use of this site, Wrapped Apps Corporation services or information provided to or gathered by Wrapped Apps Corporation with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Wrapped Apps Corporation with respect to this site and Wrapped Apps Corporation services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wrapped Apps Corporation with respect to this site and Wrapped Apps Corporation services.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express will of the parties that this agreement and all related documents have been drawn up in English.
C'est la volontι expresse des parties que la prιsente convention ainsi que les documents qui s'y rattachent soient rιdigιs en anglais.
Contact Information
Wrapped Apps Corporation welcomes your comments regarding our website Terms of Use. Please send any comments or questions by email to webmaster@wrappedapps.com.
We will strive to respond promptly to your enquiry.
This version of the Terms of Use is effective as of September 4, 2007.