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Website Terms of Use

This website is controlled by RealIT Management Inc. and/or any of its affiliates (“We", “Our”, “Us” or “RealIT”).

These Website Terms of Use are a legal contract between you ("You" or "Your") and Us. They govern Your use of Our Website and all the text, data, information, software, graphics, logos, photographs, and more ("Materials"), as well as any services, that We make available or provide through Our Website. The terms "We," "Our," "Us" and "RealIT" may also, as the context requires, include certain of Our licensors and suppliers.

YOU CANNOT USE OUR WEBSITES IF YOU DO NOT UNDERSTAND AND ACCEPT THESE WEBSITE TERMS OF USE. YOUR USE OF OUR WEBSITE INDICATES THAT YOU HAVE READ AND ACCEPT THESE WEBSITE TERMS OF USE.

These Website Terms of Use apply to any and all use of Our Website. You agree to (i) provide true, accurate, current, and complete information in connection with Your use of Our Website and (ii) obtain and maintain all equipment, services and software needed for access to and use of Our Website. You must not (i) attempt any unauthorized access to Our Website, the server on which it is stored, or any server, computer, or database to which it is connected to Our site or (ii) attack Our Website via a denial-of-service attack or a distributed denial-of-service attack. Breach of this provision may constitute a criminal offence under applicable laws. We may report any such breach to the relevant law enforcement authorities, cooperate with those authorities, and disclose your identity to them.

We may collect certain personal information about You solely in connection with Your access and use of Our Website.

Ownership and Permitted Use of Our Website and Materials

Most of the material contained in this website belongs to Micro Focus International, their affiliates, licensors, and suppliers. They own all intellectual property rights in all materials on Our Website. RealIT as a Micro Focus partner is authorized to make use of their copyrights. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any Material is strictly prohibited without Our express written consent or that of the copyright owner.

We grant You a limited, personal, revocable, non-sublicensable, non-exclusive and non-transferable license to use and to display the Materials solely (i) in connection with Your use of Our Website for Your personal and internal business purposes as a customer or potential customer of RealIT ("Permitted Uses") and (ii) conditioned on Your compliance with these Website Terms of Use. If You are using our Website on behalf of a business, you represent that the business accepts and is subject to these Website Terms of Use. You have no other rights to Our Website or any Materials. Except as expressly permitted, you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, sell or in any way exploit Our Website or Materials in any manner and must retain Our copyright and other proprietary notices.

Unauthorized Use of Our Website, Acceptable Use Policy

We authorize only the limited uses of Our Website expressly described above. Any other use of Our Website is prohibited. All rights, title and interest not expressly granted are reserved. Unauthorized use of Our Website and Materials may violate intellectual property laws of Canada, the United States and those of other countries.

We respect the intellectual property rights of others and ask You to do the same. We may, in appropriate circumstances and at Our discretion, terminate access to and use of Our Website for users who infringe the intellectual property rights of others. If You believe that Your work is the subject of copyright infringement and/or trademark infringement and appears on Our Website, please let Us know through the email social@realit.ca.

Terminating Your Use of Our Website

You or We may terminate Your use of Our Website at any time. Your use of Our Website will automatically terminate in the event You breach any of these Website Terms of Use. To clarify:

  • You may discontinue Your access to and use of Our Website at any time.

  • Unless We otherwise agree with You in writing, We may terminate, suspend Your access to, or use of all or part of Our Website, without notice, at any time and for any reason. In the event of a termination for breach, You must immediately destroy any downloaded or printed Materials and any copies thereof.

Disclaimers

OUR WEBSITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS" AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR WEBSITE IS WITH YOU. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO OUR WEBSITE, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

WE DO NOT PROMISE THAT THE WEBSITE IS FREE OF PROBLEMS OR ERRORS. Without limiting the generality of the foregoing, We make no warranty that Our Website will meet Your requirements or that Our Website will be uninterrupted, timely, secure, or error free or that defects in Our Website will be corrected. We make no warranty as to the results that may be obtained from the use of Our Website or as to the accuracy or reliability of any information obtained through Our Website. No advice or information, whether oral or written, obtained by You through Our Website or from Us or Our officers, directors, employees, or agents (collectively, "RealIT Parties") shall create any warranty.

Limitation of Liability

In no event will We be liable, in connection with Our Website or these, for (i) any indirect, special, incidental, consequential, punitive or similar damages; loss of profits, business, data (including, but not limited to, personal data) or programs (including, but not limited to, the cost of recovery or replacement of such data or programs); loss, damage or any costs due to interruption, delay or inability to use any of Our products or services, even if informed of the possibility of such damages in advance or (ii) any amount greater than Ten Dollars ($10). However, nothing in this provision limits any liability which may not be excluded or limited by applicable law.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to You. To the extent that any RealIT Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the RealIT Party's liability shall be the minimum permitted under such applicable law.

Other Agreements; Software, Services or Access

We may provide products (such as hardware or software), services (such as software subscription services, consulting, hardware maintenance or repair or software maintenance, installation, or training) or access via Our Website under the terms of a separate agreement between You and Us, such as a license agreement or separate terms of sale (each, an "Other Agreement"). Our obligations regarding any product, service, or access that We make available to You under any Other Agreement shall be governed solely by the Other Agreement under which such product, service or access is provided and these Website Terms of Use shall not be deemed or construed to alter the terms of any such Other Agreement. If there is any inconsistency between these Website Terms of Use and any Other Agreement, the Other Agreement will control. You are not granted any rights to download, install, or use any material that is supplied with or includes an end-user license agreement unless you agree to the terms of such end-user license agreement, whether presented to you before or after download. In the event material is provided without an end-user license agreement, you may use the Material solely for your personal, informational and non-commercial purposes.

We May Modify Our Website

We reserve the right to modify, suspend, or discontinue all or any part of Our Website and/or any products, programs, services and other offerings provided through or in connection with Our Website at any time without notice to You.

We suggest You consult Us for information regarding the products, programs, services and any other offerings that may be available to You via or in connection with Our Website.

Links to Third-Party Websites

For Your and Our convenience, Our Website includes various links to third-party websites which are not under Our control. If You follow these links, You will leave Our Website. We are not obligated to review any third-party websites that You link to from Our Website. We do not control and are not responsible for, any of the third-party websites (or the products, services, or content available through them). We do not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If You decide to access any of the third-party websites linked to from Our Website, You do so entirely at Your own risk and subject to the privacy policies and terms and conditions for those third-party websites (rather than these Website Terms of Use).

Linking to Our Website

For Your convenience, You may create links to Our Website from other websites. Unless an express agreement states otherwise, You must comply with the following terms and all applicable laws if You provide anyone with a link to Our Website:

  • You may link to, but may not copy, any Materials.

  • You shall not create a browser or border environment around any Materials.

  • You shall not imply that We endorse or are affiliated with any such website that links to Our Website or any products, services, or content available through that website.

  • You shall not misrepresent Your relationship with Us.

  • You may not present false or misleading information about Us or Our products or services.

  • The website that links to Our Website shall not include content that could be construed as distasteful, offensive, a breach of privacy rights, controversial, illegal or of a sexual nature.

  • The website that links to Our Website shall include only content that is appropriate for all age groups.

Indemnification

You agree to indemnify, defend, and hold harmless the RealIT Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from the violation of these Website Terms of Use by You or anyone using Your account. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by You and, in such case, You agree to cooperate with Our defence of such claim.

Electronic Communications

When You visit Our Website or send e-mails to Us, You are communicating with Us electronically. We may respond to You by e-mail or by posting notices on Our Website. You agree that all such notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

Entire Agreement

These Website Terms of Use, together with any additional terms to which You agree when using particular elements of Our Website, constitute the entire and exclusive and final statement of the agreement as between You and Us with respect to the subject matter hereof, superseding any prior agreements or negotiations between You and We with respect to the same. The RealIT Parties are third party beneficiaries with respect to the provisions in these Website Terms of Use that reference them.

Governing Law and Venue

These Website Terms of Use and disputes arising hereunder will be governed by and construed and interpreted in accordance with the Laws of the Province of Ontario without giving effect to the principles of conflicts of law thereof. You and We irrevocably and unconditionally (i) consent to venue in the Province of Ontario and to the exclusive jurisdiction of the province and federal courts in Ontario and (ii) waive any claims of forum non-conveniens with respect to such venue. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply to these Website Terms of Use.

Dispute Resolution

The procedures set forth in this Article will apply to any dispute, controversy or claim, whether in contract, tort or otherwise, arising out of or relating hereto ("Dispute") and will be the sole and exclusive procedures in connection with any such Dispute.

All Disputes shall be resolved through mandatory and binding arbitration.

Except as required by applicable Law, the existence, content and result of all Dispute resolution proceedings will be confidential and will not be disclosed (other than to the extent required to enforce any agreement or award). You and We will each request that the arbitrator complies with such confidentiality requirement.

You acknowledge that, in the event You breach (or attempt or threaten to breach) Your obligations regarding Our intellectual property, We may be irreparably harmed and may proceed immediately seek equitable relief from any court of competent jurisdiction. If a court of competent jurisdiction should find that You have breached (or attempted or threatened to breach) any such obligations, You agree that, without any additional findings of irreparable injury or other conditions to injunctive relief, You will not oppose the entry of an appropriate order compelling Your performance and restraining You from any further breaches (or attempted or threatened breaches).

Miscellaneous

Our failure to exercise or enforce any right or provision of these Website Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Website Terms of Use is found by a court of competent jurisdiction to be invalid, You nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and that the other provisions of these Website Terms of Use remain in full force and effect. The section titles in these Website Terms of Use are for convenience only and have no legal or contractual effect. These Website Terms of Use shall remain in full force and effect notwithstanding any termination of Your use of Our Website. These Website Terms of Use will be interpreted without application of any strict construction in favour of or against You or Us. These Website Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Us without restriction.

We May Modify these Website Terms of Use

We may, in Our sole and absolute discretion, change these Website Terms of Use (including any other documents that are referenced in or linked to from these Website Terms of Use) from time to time. We will post notice of such changes on Our Website as applicable. If You object to any such changes, Your sole recourse shall be to cease using Our Website. Continued use of Our Website following notice of any such changes shall indicate Your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Website Terms of Use may be superseded by expressly-designated legal notices or terms located on particular pages of Our Website and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into these Website Terms of Use and to supersede the provision(s) of these Website Terms of Use that are designated as being superseded.