Thought Technology's Terms & Conditions
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
By using or accessing the Website, you represent and warrant that: (a) you are 18 years of age or older; (b) if you are under the age of majority in your jurisdiction, you have your parent's or legal guardian's authorization to use and access the Website and to agree to these Terms; (c) you own or have authorization to use a personal computer to access the Website; and (d) you will use the Website in accordance with these Terms.
You acknowledge that the Website is subject to outages, slowdowns, or other interruptions. You further acknowledge that we are not responsible for performance degradation, interruption, or delays arising from any source. Thought Technology will not be liable to you if the Website is unavailable at any given time. You agree that your sole remedy for any Website unavailability shall be to terminate your use of the Website.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Thought Technology Ltd.'s use of cookies in accordance with the terms of Thought Technology Ltd.'s cookies policy.
License to use website
Unless otherwise stated, Thought Technology Ltd. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages or other content from the website ONLY for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution
- You acknowledge that all materials on the Site, including the Site’s design, text, graphics, sounds, pictures, software and other files and the selection and arrangement thereof, (collectively, "Materials"), are our property and are subject to and protected by Canadian and international copyright and other intellectual property laws and rights. The trademarks, service marks, trade names, and logos (collectively, "Marks") contained on the Site, including without limitation
- Thought Technology Ltd.
- MyoTrac
- MyoTrac Infiniti
- ProComp
- ProComp Infiniti
- FlexComp Infiniti
- U-Control
- BioGraph Infiniti
- Triode
- MyoScan
- UniGel
- BioFun
- BioGraph Infiniti X
- EEG-Z3
- Flex/Pro
- EEG-Z
- EZ-Air
- ForceTrac
- GSR2
- GSR/TEMP2
- InclinoTrac
- Mind Over Muscle
- MyoTrac3
- ProComp2
- AV-Synchronize
- TT-PIR Headset
- eVu-TPS
- eVu-EEG
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Thought Technology Ltd. express written consent.
You must not use this website to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without Thought Technology Ltd’s express written consent.
Restricted access
Access to certain areas of this website is restricted. Thought Technology Ltd. reserves the right to restrict access to areas of this website, or indeed this entire website, at Thought Technology Ltd. discretion.
If Thought Technology Ltd. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
Thought Technology Ltd. may disable your user ID and password in Thought Technology Ltd. sole discretion without notice or explanation
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to Thought Technology Ltd. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Thought Technology Ltd. the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Thought Technology Ltd. or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Thought Technology Ltd. reserves the right to edit or remove any material submitted to this website, or stored on Thought Technology Ltd. servers, or hosted or published upon this website.
Notwithstanding Thought Technology Ltd. rights under these terms and conditions in relation to user content, Thought Technology Ltd. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Thought Technology Ltd. makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Thought Technology Ltd. does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
- that any medical advice, video, notes or links are accurate.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]
Limitations of liability
Thought Technology Ltd. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Thought Technology Ltd. has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Thought Technology Ltd. liability in respect of any:
- death or personal injury caused by Thought Technology Ltd. negligence;
- fraud or fraudulent misrepresentation on the part of Thought Technology Ltd.; or
- matter which it would be illegal or unlawful for Thought Technology Ltd. to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, Thought Technology Ltd. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Thought Technology Ltd. officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Thought Technology Ltd. officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Thought Technology Ltd.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify Thought Technology Ltd. and undertake to keep Thought Technology Ltd. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Thought Technology Ltd. to a third party in settlement of a claim or dispute on the advice of Thought Technology Ltd. legal advisers) incurred or suffered by Thought Technology Ltd. arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].
Breaches of these terms and conditions
Without prejudice to Thought Technology Ltd. other rights under these terms and conditions, if you breach these terms and conditions in any way, Thought Technology Ltd. may take such action as Thought Technology Ltd. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
Thought Technology Ltd. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Thought Technology Ltd. may transfer, sub-contract or otherwise deal with Thought Technology Ltd. rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions constitute the entire agreement between you and Thought Technology Ltd. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Quebec law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Quebec. To the fullest extent permitted by law, you and Thought Technology agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this Agreement.
You and Thought Technology expressly agree to arbitrate any controversy, claim or dispute arising out of or in any way related to this agreement in your and its/their individual capacities, and not as a plaintiff or class member in any purported class or representative proceeding. the arbitrator may not consolidate more than one individual or entity’s claims, and may not otherwise preside over any form of a representative or class proceeding.
The mutual promise by you and Thought Technology to arbitrate any and all disputes, and to do so on an individual basis, rather than to litigate before the courts or other bodies, provides the mutual consideration for this agreement to arbitrate. Either party may exercise the right to arbitrate by providing the other party with written notice of any and all claims forming the basis of such right in sufficient detail to inform the other party of the substance of such claims. In no event shall the request for arbitration be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations.
The arbitration will be conducted in Montreal, Quebec by a single neutral arbitrator and in accordance with the then current rules for resolution of disputes of the Canadian Arbitration Association (available at http://canadianarbitrationassociation.ca/ ). The parties are entitled to representation by an attorney or other representative of their choosing. The parties agree to abide by and perform any award rendered by the arbitrator, which judgement shall be final and binding upon the parties. The arbitrator shall issue the award in writing and therein state the essential findings and conclusions on which the award is based. Judgment on the award may be entered in any court having jurisdiction thereof.
You and Thought Technology shall bear the costs of the arbitrator, forum and filing fees on an equal basis. The prevailing party, as determined by the arbitrator, shall be entitled to an award of its reasonable attorney fees.
Cookies Policy
About Cookies
This website uses cookies. By using this website and agreeing to this policy, you consent to Thought Technology's use of cookies in accordance with the terms of this policy.
Cookies are files sent by web servers to web browsers, and stored by the web browsers.
The information is then sent back to the server each time the browser requests a page from the server. This enables a web server to identify and track web browsers.
There are two main kinds of cookies: session cookies and persistent cookies. Session cookies are deleted from your computer when you close your browser, whereas persistent cookies remain stored on your computer until deleted, or until they reach their expiry date.
Cookies on our website
Thought Technology uses cookies to improve the user’s experience of the website and to gather information about the use of the site. No personal information is being collected.
Refusing cookies
Most browsers allow you to refuse to accept cookies.
In Internet Explorer, you can refuse all cookies by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.
In Firefox, you can adjust your cookies settings by clicking “Tools”, “Options” and “Privacy”.
Blocking cookies will have a negative impact upon the usability of some websites.