Website Terms of Use
Use of this Website
By using this website, you agree to these terms of use. These terms of use are an Ontario contract. If you do not agree with the terms of use, do not use this website.
Translucent Computing Inc. (“Translucent”) may change or modify the website or these terms of use at any time without notice or liability. You may not change or modify this contract in any way.
Kubert is a product of Translucent.
Permitted Users/Jurisdiction/Age Requirements
If you are in a jurisdiction where the use of this website is illegal or prohibited, do not use this website. Translucent is not responsible and will not be liable for your use of this website in contravention of any laws. The website is provided for use by persons who are at least 19 years old and who can form legally binding contracts under applicable law. By using this website, you represent that you are at least 19 years old have the authority to enter into this contract.
These terms of use are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario. You attorn to the exclusive jurisdiction of the courts of Ontario. Any claim or dispute that you have arising from use of this website or any related matters must be commenced in a court of competent jurisdiction in the Province of Ontario within 6 months after the claim or cause of action arises, after which the claim or cause of action is forever barred.
Privacy
Translucent collects, uses and discloses personal information in accordance with the Privacy Statement. By using this website, you agree to the terms of the Privacy Statement.
Proprietary Rights
Our Content:
Except where expressly stated otherwise and/or referenced in these terms of use, all right, title and interest in and to this website and all content, source code, processes, designs, URLs, domain names, marks and logos forming any part of Translucent’s website (collectively, “Our Content“) is fully vested in Translucent or our licensors and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these terms of use, including the disclaimers and limitations of liability herein. You may not copy, reproduce, modify, or re-use in any way the design or content of this website. This includes but is not limited to: designs, iconography, text, graphics, audio-visual materials, multimedia elements, photographs, videos, sound recordings, reports, documents, software, information, formulae, patterns, data and any other work. Nor may you allow any other person or entity to engage in any of the foregoing.
Third Party Content:
The technology logos or corporate logos, other than those belonging to Translucent, referenced on this website are the property of the respective companies referenced and Translucent does not claim or imply any relationship or endorsement by or for these entities or products.
Links from this website:
Translucent does not monitor or review the content of third parties’ websites which may be linked from this website. Translucent is not responsible for the accuracy or use of content or products contained therein, nor is Translucent responsible for the privacy practices or terms of use on such websites.
Opinions or materials on any third-party site are not necessarily shared or endorsed by Translucent and Translucent should not be regarded as the publisher or in any way responsible for such opinions or material. Translucent will not accept any responsibility for any loss or damage, howsoever caused, resulting from your interaction with third parties.
Links to this website:
You may not create a link to any page of this website without prior written consent from Translucent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Trademarks/Use of Name and Logo
The name “Translucent Computing”, the website “https://www.translucentcomputing.com/”, and the logos used by Translucent are trade-marks, trade-names and service-marks (“Marks”) owned by Translucent. Nothing on this website grants you any rights to use the Marks. You shall not use the name “Translucent” or “Translucent Computing” or any of their logos without prior written permission from Translucent.
Disclaimers/Limitation of Liability
Your sole and exclusive remedy for dissatisfaction with this website is to stop using this website. Translucent is not liable to you or anyone else for any decision made or action taken based on reliance upon the information contained on or provided through this website.
THE INFORMATION CONTAINED IN THIS WEBSITE IS PROVIDED BY TRANSLUCENT “AS IS” FOR GENERAL INFORMATION PURPOSES. WHILE TRANSLUCENT ENDEAVOURS TO KEEP THE INFORMATION UP TO DATE AND CORRECT, TRANSLUCENT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TRANSLUCENT MAKES NO GUARANTEE THAT ANY INFORMATION CONTAINED ON THIS SITE WILL BE ERROR-FREE. YOUR USE OF THIS SITE AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR SOLE RISK. IN NO EVENT WILL TRANSLUCENT BE LIABLE FOR ANY LOSS OR DAMAGE INCLUDING WITHOUT LIMITATION, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY LOSS OR DAMAGE WHATSOEVER ARISING FROM LOSS OF DATA OR PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THIS WEBSITE. TRANSLUCENT TAKES NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE FOR, THE WEBSITE BEING TEMPORARILY UNAVAILABLE.
When using the website, information will be transmitted over a medium that is beyond the control and jurisdiction of Translucent. Translucent assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of this website. Translucent does not represent that files available for downloading will be free from any code that contains contaminating or destructive properties, including infections, viruses, worms or Trojan horses.
General Terms
Translucent’s failure to act with respect to a breach of these terms of use by you or anyone else does not waive our right to act with respect to subsequent or similar breaches. These terms of use set forth the entire understanding and agreement between you and Translucent with respect to the use of this website. In the event of a conflict between these terms of use and any statement or materials on the website, these terms of use prevail.
Translucent may assign these terms and the website at its sole discretion without your consent and without notice or liability. You may not assign this contract or your rights or obligations under this contract.
The parties have expressly requested and required that this contract and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce contrat et tous les documents qui s’y rapportent soient rediges en anglais.
If you have any questions about these terms of use or the website in general, please contact us via e-mail at [email protected].
Termination/Survival
If you breach these terms of use, in addition to any other remedies it may have, Translucent has the right to terminate your use of this website or any portion of it. Translucent will not be liable to you or anyone else for any such termination. The Disclaimers/Limitation of Liability provision survives any termination of these terms.