Terms & Conditions
PLEASE READ THE FOLLOWING CAREFULLY. THESE TERMS OF USE CONTAIN LIMITATIONS OF LIABILITY AND INDEMNITIES.
These terms of use are a legal agreement between Strategic Estimating Software (“Strategic Estimating Software”, “SES”, “we”, “our”, “us”, or “Provider”) and you, as the company or other person or entity (“Customer”, “you”, or “You”) using, viewing or otherwise accessing Strategic Estimating Software’s Software and Services. These terms together with any appendices, schedules, agreements, policies and guidelines, including without limitation, any applicable Strategic Estimating Software Master Subscription Agreement, which reference, or are incorporated into, these terms (together, the “Terms”) govern your use of all SES’s Software (as defined below) including secure web applications, and such additional Strategic Estimating Software modules or applications that may be made available by Strategic Estimating Software from time to time. These Terms apply to your access and use of Data and the Services (as defined below).
Please read all the Terms before indicating acceptance. By making use of the Services of the Software, you accept these Terms without change. If you do not accept them, you are not authorized to use the Services or the Software. You are bound by these Terms even if you do not read all of them.
If you have previously entered into any licenses or Terms for the Services or Software, you hereby agree to the amendment of those terms and agree to be bound by these current Terms as a condition of continued use of the Services or Software, as applicable.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES AND SOFTWARE.
Ownership & Protection of Data
A)Entire Agreement. These Terms together with any applicable Strategic Estimating Software Master Subscription Agreement, Privacy Policy and any appendix, policies and guidelines on the Strategic Estimating Software website, including without limit and any other legal notices, policies and guidelines of Strategic Estimating Software linked to these Terms constitute the entire agreement between you and Strategic Estimating Software relating to your use of this Site and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
B)Independent Service Provider Relationship. Strategic Estimating Software is not your agent, fiduciary, trustee, or other representative; Strategic Estimating Software is an independent Service Provider of the Service Provider or the Resource Company, as the case may be, at all times.
C)Third Party Rights. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Strategic Estimating Software and you.
D) Force Majeure. Strategic Estimating Software shall not be liable for any causes beyond its control, including delay or outages affecting the Services because of weather, fire, flood, acts of God, labour disputes, civil unrest and government regulation.
E) You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder without the prior written consent of Strategic Estimating Software. Strategic Estimating Software may assign this agreement in the course of a corporate reorganization, merger or acquisition on notice to you.
F) If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid, illegal or unenforceable in any respect or in any circumstance, in whole or in part, the validity, legality or enforceability of such provision in any other respect or circumstance will not in any way be affected or impaired thereby and the parties hereto will endeavor to replace the invalid, illegal or unenforceable provision with a similar provision and the validity, legality and enforceability of the remaining provisions of these Terms will not in any way be affected or impaired thereby.
G) Strategic Estimating Software will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Strategic Estimating Software. No delay or omission by Strategic Estimating Software in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Strategic Estimating Software’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Strategic Estimating Software’s right to subsequently enforce such provision or any other provisions of these Terms.
H) Choice of Laws. These Terms and any action related thereto shall be governed by and construed in accordance with the laws of the province Alberta, without regard to any conflict of law rules that would impose the laws of another jurisdiction and without regard to the UN Convention on Contracts for the International Sale of Goods. Your use of the Site is void where prohibited by laws in jurisdictions to which you are otherwise subject, and you agree not to visit or use the Site or the Content in any such circumstances.
I)Dispute Resolution. Any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be determined by confidential and binding arbitration in accordance with the International Arbitration Rules of the International Centre for Dispute Resolution (a division of the American Arbitration Association). The place of arbitration shall be Calgary, Alberta, Canada. The language of the arbitration shall be English. Any judgment from arbitration conducted in accordance with the foregoing will be final, not subject to appeal and may be entered as a judgment by a court of competent jurisdiction for purposes of enforcement.
J) It is the express will of the parties that this agreement and all related documents be drawn up in English.