Helios Demo Terms of Service

For the purposes of these Helios Demo Terms of Service (the “Terms of Service”), “you” indicates such individual or individual representing an entity using any of the services (the “Services”) offered by Cartesian Theatre Corp., a British Columbia company (the “Company”, “Helios”, “we”, “our”, or “us”), including, but not limited to, any of our mobile and web-based portal software applications (collectively, the “Software”) or browsing this website and any affiliated or related websites (collectively, the “Website”) owned and operated by the Company. The following Terms of Service apply to the Services, the Website and the Software.

By using the Services and Software, you confirm that you have carefully read and understand these Terms of Service, and that you consent to, and agree to be bound by, the Terms of Service. The Company reserves the right to make any amendments to the Terms of Service at any time and for any reason. Such amended version of the Terms of Service will be posted on the Website and it is your sole responsibility to check the Terms of Service for changes. If you do not agree to these Terms of Service, or any future amendments, your sole recourse is to immediately cease use of the Services, the Website, and/or the Software.

Your Obligations

In connection with your use of our Services, the Website, and/or the Software, you shall not knowingly (after taking commercially reasonable precautions) access, store, distribute or transmit any viruses or any material that: (a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (b) facilitates illegal activity; (c) depicts sexually explicit images; (d) promotes unlawful violence; (e) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability, or any other protected grounds of discrimination; or (f) causes damage or injury to any person or property.

You shall not (a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, publicly display, demonstrate, transmit or distribute all or any portion of the Services (as applicable) in any form or media or by any means; (b) attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (c) access all or any part of the Services, the Website, and/or the Software in order to build a product or service which competes with the Services, the Website, and/or the Software; (d) use the Services, the Website, and/or the Software to provide services to third parties; (e) without the prior written consent of the Company in each case, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Services or Software available to any third party; (f) use the Services, the Website, and/or the Software in violation of any applicable law or outside the scope expressly permitted herein; or (g) use the Services, the Website, and/or the Software in violation of any third party’s copyright or in such a manner so as to infringe on a third party’s proprietary rights, including, but not limited to, using external search keys for unauthorized materials.

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, partners, directors, officers, agents and suppliers from and against any and all claims, suits, proceedings, liabilities, damages, losses, fees and expenses (including reasonable attorneys’ fees) arising out of or in relation to any claims resulting from your breach of these Terms of Service, or your use of the Services, the Website, and/or the Software, including, but not limited to, your provision of any external search keys into the Software.

Dispute Resolution

For any dispute arising out of or in connection with your use of the Services, the Website, and/or the Software, you agree to proceed as explained below or as otherwise mutually agreed in writing by you and the Company. Before resorting to the procedures below, we encourage you to contact us directly to seek an alternative resolution.

For any dispute arising out of or in connection with your use of the Services, the Website, and/or the Software, which cannot be resolved amicably through bona fide good faith negotiations, such dispute shall be referred to final, binding and non-appealable arbitration in Vancouver, British Columbia and resolved by a single arbitrator under the applicable Rules of the Vancouver International Arbitration Centre. The parties agree to use their best efforts to conduct any dispute procedures herein as efficiently and cost effectively as possible.

All claims filed or otherwise brought contrary to these Terms of Service shall be considered improperly filed. You will pay any legal fees or expenses for the Company if: (1) you file a claim contrary to these Terms of Service; (2) the Company notifies you that the claim is improperly filed; and (3) you fail to promptly withdraw the claim. If you fail to win an adjudicated, arbitrated, or otherwise decided, dispute against the Company, you will pay legal costs, fees and expenses incurred by the Company.

Disclaimer; Assumption of Risk; Limitation of Liability

You understand that providing any information over the Internet poses significant risks and you hereby agree that you assume any and all such risks that may arise from your use of the Website and/or Services.

IN ADDITION TO THE DISCLAIMERS AND LIMITATIONS OF LIABILITIES AS PROVIDED BELOW, THE COMPANY IS NOT LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF ANY ACTIONS OF OR IN ANY WAY RELATED TO ANY THIRD PARTIES. ANY AGREEMENT, DISCUSSIONS, OR OTHER INTERACTIONS IN WHICH YOU ENGAGE WITH ANY THIRD PARTY IS INDEPENDENT, SEPARATE, AND DISTINCT FROM ANY AGREEMENT, DISCUSSION, OR OTHER INTERACTION IN WHICH YOU ENGAGE WITH THE COMPANY. THE COMPANY’S SERVICES AND ALL CONTENT AND MATERIALS AVAILABLE THROUGH ITS SERVICES, THIS WEBSITE, AND THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. THE COMPANY ON BEHALF OF ITSELF, ITS AFFILIATES, PARTNERS, AND LICENSORS, HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO ITS SERVICES, ITS CONTENT, THIS WEBSITE, OR THE SOFTWARE INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR OTHERWISE AVAILABLE THROUGH ITS SERVICES, THIS WEBSITE, OR THE SOFTWARE WILL CREATE ANY WARRANTY REGARDING THE COMPANY OR ANY OF ITS SERVICES THAT IS NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE. YOU USE THE SERVICES AND USE, ACCESS, OR DOWNLOAD ITS CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITE OR SOFTWARE, AT YOUR OWN DISCRETION AND RISK. YOU ASSUME ALL RISK FOR ANY DAMAGE OR LOSSES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, WEBSITE, SOFTWARE, YOUR DEALINGS WITH ANY OTHER THIRD PARTY, OR YOUR USE OF ANY CONTENT AVAILABLE THROUGH THE SERVICES, WEBSITE, OR SOFTWARE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY (INCLUDING ANY COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES) OR ANY LOSS OF DATA THAT MAY RESULT FROM THE SERVICES, WEBSITE, SOFTWARE OR THE USE OF ANY OF ITS CONTENT. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR THE SERVICES, INCLUDING INACCURACY OR INCOMPLETENESS OF ANY SUCH TOOLS, ANALYSIS, RESEARCH OR OTHER INFORMATION, AVAILABLE THROUGH OUR SERVICES OR ITS CONTENT. THE COMPANY, ITS AFFILIATES, PARTNERS, AND SUPPLIERS, AND ANY OF THEIR RESPECTIVE REPRESENTATIVES, AGENTS, OFFICERS, DIRECTORS, EQUITY HOLDERS, EMPLOYEES, AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (SUCH AS LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ITS CONTENT.

EXCEPT AS REQUIRED BY APPLICABLE LAW (E.G., ANY NON-WAIVABLE RIGHTS OR REMEDIES), IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE ANY PORTION OF, THE SERVICES, OR OTHERWISE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, HOWSOEVER ARISING WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED IN THE AGGREGATE ONE HUNDRED CANADIAN DOLLARS (CDN$100.00).

NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL AFFECT WARRANTIES THAT ARE INCAPABLE OF EXCLUSION OR RESTRICTION UNDER APPLICABLE LAW.

IF ANY OF THE FOREGOING LIMITATIONS ARE FOUND TO BE INVALID, THE COMPANY PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Governing Law

By browsing the Website and/or using the Services and Software, you agree that the Terms of Service shall be governed by and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada applicable therein without regard to its conflict of laws principles, and you agree to be bound by the laws of these jurisdictions, regardless of your place of residence. Except as otherwise agreed by the parties or as otherwise described in the arbitration option below, any such dispute shall be brought in a court of competent jurisdiction in the province of British Columbia, regardless of your residence. You hereby consent to the exclusive jurisdiction of such court. You agree to adhere to all Federal, provincial, or local laws applicable to all interactions with which you engage in any relation to the Services, the Website, and/or the Software.

Entire Agreement

These Terms of Service, the Privacy Policy, and any other agreements incorporated by reference herein constitute the entire and exclusive agreement between the Company and you in connection with your use of the Services, the Website, and/or the Software.

All content of this website are copyrighted. © 2021-2022 Cartesian Theatre Corp. The Company reserves all rights with regard to all any and all intellectual property on the Website or in the contents thereof, including copyrights and trademarks under common law or otherwise.