Website Terms of Use

Effective date: January 6, 2025

These terms of use (“Terms of Use”) govern your use of the website located at www.varicent.com  (the "Website") operated by Varicent US Opco Corporation, and/or its affiliates (collectively, “the Company”, "us", "we", or "our").

THE WEBSITE PROVIDES CONTENT AND INFORMATION ABOUT THE PRODUCTS AND SERVICES OFFERED BY THE COMPANY. THE WEBSITE’S CONTENT IS PRESENTED FOR INFORMATION PURPOSES ONLY. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. 

Please read these Terms of Use carefully before using Website. These Terms of Use and the Varicent Privacy Policy (the "Varicent Privacy Policy", and together with these Terms of Use, the "Terms") are a legal agreement between you and us. Your access to and use of the Website is based on your acceptance of and compliance with these Terms. If you do not agree to these Terms of Use, please do not use, access or browse the Website.

These Terms of Use cover the following topics:

  1. Restrictions on the Use of Content and Materials
  2. Intellectual Property and Infringement Policy
  3. Links to Other Websites
  4. Termination
  5. Indemnification
  6. Limitation Of Liability
  7. Disclaimer
  8. Governing Law
  9. Waiver Entire Agreement
  10. Changes
  11. Contact Us
  12. English Language

1.    Restrictions on the Use of Content and Materials

All information, product information, content and/or material posted on the Website ("Materials") are the property of the Company, which retains all rights, title and interests in and to such Materials and all intellectual property rights relating thereto, including without limitations all copyright, patent, trademarks, logos, design rights and ant other proprietary rights. These Terms do not grant you a license to use any of our trademarks, service marks, or logos or those of our affiliates, licensors, or partners.

No transfer or grant of any rights is made or is to be implied by any provision of these Terms of Use or by any other provision contained on the Website. You agree not to infringe upon the above rights. 

Without limiting any of the foregoing when using the Website, you must not:

  1. modify, adapt, translate, copy, reproduce, imitate, distribute, publish or resell any Materials displayed on the Website, including but not limited to the trademarks and copyrights of the Company and its affiliates, or to make derivative use of the Website or its contents; 
  2. make commercial use of the Website or any content displayed on the Website; 
  3. violate or attempt to violate the security of the Website, or bypass any technical measures used to prevent or restrict access to any portion of the Website; 
  4. reverse engineer, decompile or disassemble the Website, or convert into human readable form any of the contents of the Website not intended to be so read, including but not limited to using or directly viewing the underlying code for the Website except as interpreted and displayed in a web browser; 
  5. use any data mining, robots, or similar automated data gathering and extraction tools to access the Website; 
  6. collect, harvest, obtain or process personal information of or about other users of the Website; 
  7. interfere with or attempt to interfere with the proper working of the Website or otherwise engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability; 
  8. alter or modify, or attempt to modify, any part of the Website; 
  9. contribute any materials or content to the Website that is offensive, hateful or inappropriate;
  10. attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website through hacking, cracking, mining, phishing or any other means; 
  11. displaying the Website or any part thereof in an exposed or concealed frame, or linking to elements or portions of the Website; 
  12. use reports, content, electronic documentation or other materials available on the Website to feed any downstream product, application or Website; or 
  13. violate any applicable law. 

You may download, where specifically permitted, one copy of the Material displayed on the Website on any single computer for your personal, noncommercial use only, provided you keep intact all copyright and other proprietary notices. Use of such Material for any purpose that is inconsistent with these Terms of Use, including without limitations the use of such Material on any other Website or networked computer environment is strictly prohibited and shall be deemed a violation of the Company’s copyright and other proprietary (including intellectual property) rights. Any download of data and/or files from the Website shall be at your own risk. We will not be liable for any loss or damage caused by a distributed denial-of service attack, viruses or other

You agree not to use the Website for any purpose that is unlawful or prohibited by these Terms of Use or to solicit the performance of any illegal activity, to stalk or harass other users of the Website, or to engage in any other activity which infringes the rights of the Company or any other third parties. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website, or any systems or networks connected to the Website. 

WE MAY EMPLOY TECHNOLOGICAL MEASURES TO DETECT AND PREVENT FRAUDULENT OR ABUSIVE USE OF THE WEBSITE.

2.    Intellectual Property and Infringement Policy

The intellectual property rights associated with the Website, including copyrights, trademarks, trade names, patents, trade secrets, work methods and processes, and any other right, are the sole property of the Company or its third-party licensors. These rights apply, among others, to information, articles, images, content, graphic design, data and its processing, the Website’s “look and feel”, computer code and any other detail concerning its operation. 

You are not allowed to copy, duplicate, distribute, sell, make available, market and translate any information, including trademarks, images, pictures, texts and computer code from the Website, without the Company’s explicit prior and written consent. Trademarks featured on the Website (whether registered or not) are the sole property of the Company and/or its third-party licensors. You may not use them without our prior written consent. 

The Company is committed to protecting the rights of copyright right holders and seeks to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property related violations on this Website should be addressed through our online contact forms available at: Contact Us. 

The Company will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, the Company will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. 

3.    Links to Other Websites

The Service may contain links to websites or services that are not owned or controlled by us (“Third-Party Services”).

We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any Third-Party Services and you access them at your own risk. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any Third-Party Services or any content, goods, or services available through them. The inclusion of a link to any Third-Party Service on the Website does not imply our endorsement of such Third-Party Service or any association between us and the operator of that Third-Party Service. YOU EXPRESSLY RELIEVE US FROM ANY AND ALL LOSS, DAMAGES, OR OTHER LIABILITIES YOU INCUR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY THIRD-PARTY SERVICE.

We strongly advise you to read the terms and conditions and privacy policies of each Third-Party Service before using that Third-Party Service.

4.    Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms. All provisions of the Terms, other than your right to use the Website, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. Upon termination, your right to use the Website will immediately cease.

5.    Indemnification

You hereby indemnify, defend and hold harmless our officers, directors, representatives, affiliates, employees, contractors, licensors, licensees, suppliers and agents (collectively, the “Varicent Parties”), from and against any claims, losses, damages, obligations, costs, actions, or demands that arise from or relate to your use of the Website, including without limitation, your breach of any of the Terms, applicable law, or any intellectual property, privacy, or other rights of any person or entity.

6.    Limitation Of Liability

THE FOLLOWING LIMITATIONS AND EXCLUSIONS APPLY EXCEPT TO THE EXTENT EXPRESSLY PRECLUDED BY APPLICABLE LAW. IN THOSE JURISDICTIONS, ALL OR A PORTION OF THE FOLLOWING LIMITATIONS MAY NOT APPLY TO YOU AND THE SCOPE AND DURATION OF THE WARRANTIES SET FORTH IN THE TERMS AND THE EXTENT OF THE VARICENT PARTIES’ LIABILITY WILL BE THE MINIMUM PERMITTED UNDER APPLICABLE LAW. THE VARICENT PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, DAMAGES FOR ECONOMIC LOSS, LOSS OR DAMAGE TO ELECTRONIC MEDIA OR DATA, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF THE WEBSITE; (B) YOUR INABILITY TO ACCESS OR USE THE WEBSITE; (C) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON OR RELATED TO THE WEBSITE; (D) ANY CONTENT OBTAINED FROM OR THROUGH THE WEBSITE; OR (E) THE UNAUTHORIZED ACCESS TO, USE OF, OR ALTERATION OF YOUR ACCOUNT OR MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LAW, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, THE COMPANY’S TOTAL LIABILITY UNDER THESE TERMS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, WILL NOT, UNDER ANY CIRCUMSTANCES, EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

7.    Disclaimer

WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE WITHOUT DISRUPTION, ERRORS OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS. DISCLAIMER THE MATERIALS AND CONTENT IN THIS WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. 

THE COMPANY DOES NOT WARRANT THAT THE MATERIALS DISPLAYED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER(S) THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF OR RELIANCE UPON THE WEBSITE AND/OR ANY OF THE MATERIALS. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. 

8.    Governing Law

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario, without reference to conflict of laws provisions, and the federal laws of Canada applicable therein.

9.    Waiver Entire Agreement

If any provision of these Terms of Use is determined to be invalid or unenforceable, the provision shall be deemed to be severable from the remainder of these Terms of Use and shall not cause the invalidity or unenforceability of the remainder of these Terms of Use. This is the entire agreement between you and the Company with regards to the subject matter herein and these Terms of Use shall not be modified except as provided herein. The Company may assign these Terms of Use agreement, in whole or in part, in its sole discretion. The waiver by the Company of a breach of any provision of these Terms of Use shall not operate or be construed as a waiver of any other or a subsequent breach of the same or a different kind.

10.    Changes

We reserve the right, at our sole discretion, to modify or replace the Terms at any time. If a revision is material, we will make reasonable efforts to post a notice on the Website of the new Terms at least thirty (30) days prior to such new Terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, you may not use the Website.

11.    Contact Us

If you have any questions about the Terms, please contact us at legal@varicent.com.

12.    English Language: It is the express wish of the parties that this Agreement and all related documents, including notices and other communications, be drawn up in the English language only. Il est la volonté expresse des parties que cette convention et tous les documents s’y rattachant, y compris les avis et les autres communications, soient rédigés et signés en anglais seulement.