General Terms and Conditions

GooAnalyser program and it's website are operated by the Canadian GeoExchange Coalition (CGC). The GeoAnalyser is a web based software allowing subscribers to perform GeoExchange related calculations. The Website provides general information ("Content") about GeoAnalyser and allows customers to perform subscriptions in order to use GeoAnalyser ("Services"). GeoAnalyser and the Content are provided provided to you subject to your agreement to be bound by these terms and conditions of use ("Terms and Conditions"). BY ACCESSING OR USING GEOANALYSER OR THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE THE SERVICES. The Web site is open to visitors. However, to access GeoAnalyser, we require you to buy a subscription with us. By subscribing [and clicking on the "I Accept" button provided with the subscription form], you certify that the information you provide in the subscription form is accurate. Any personal information you provide in the subscription form will be collected in accordance with, and for the express purposes set out in the Privacy Policy.

Electronic Communications

By accessing this Web site or sending electronic mail to CGC you are communicating with CGC electronically. By doing so, you agree to receive communications from CGC electronically. CGC will communicate with you by electronic mail at the electronic mail address provided by you or posting notices on this Web site or any other Web site that may be generally designated in advance for such purpose. You consent to receiving electronically all agreements, invoices, notices, disclosures and other communications that CGC provides to you.

New Services and New Terms

Whenever new products or services are introduced on GeoAnalyser site as part of the Services, your use of such Services will be subject to these Terms and Conditions unless CGC notifies you otherwise. CGC reserves the right to change the terms and conditions of use at any time. Access or use after such changes indicates your acceptance of these modified terms and conditions. You agree to review the terms and conditions of use regularly.

DISCLAIMER

THIS WEB SITE AND THE SERVICES AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER CGC OR ANY OF ITS SUPPLIERS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY AS TO THE OPERATION OF THIS WEB SITE OR THE SERVICES, OR THE ACCURACY, COMPLETENESS, QUALITY, CURRENCY OR TIMELINESS OF THE WEB SITE, THE CONTENT OR THE SERVICES OR THAT COMMUNICATIONS TO OR FROM THE WEB SITE WILL BE SECURE AND/OR NOT INTERCEPTED OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE FROM VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES, DEVICES OR COMPONENTS. USE OF THIS WEB SITE, THE CONTENT AND THE SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CGC AND ITS SUPPLIERS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF NON-INFRINGEMENT OR THAT THE WEB SITE, THE CONTENT OR THE SERVICES WILL BE FREE OF ERROR OR OPERATE WITHOUT DISRUPTION.

LIMITATION OF LIABILITY

IN NO EVENT SHALL CGC OR ITS SUPPLIERS, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY WHATSOEVER, FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATIONS, DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, BUSINESS LOSSES, LOST SAVINGS, LOST DATA, LOSS OF USE, LOST PROFITS, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES ARISING FROM OR RELATING TO YOUR USE, RELIANCE UPON OR INABILITY TO USE THE WEB SITE, THE CONTENT AND/OR THE SERVICES, WHETHER OR NOT CGC OR ITS SUPPLIERS ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF YOU TRANSFER CONFIDENTIAL OR SENSITIVE INFORMATION TO CGC OR IF CGC COMMUNICATES SUCH INFORMATION TO YOU AT YOUR REQUEST OVER THE INTERNET.

Refund and Cancellation Policy

We will not issue refunds or cancellation requests. You may try GeoAnalyser freely for 30 days without any commitment.

Accepted Payment Methods

All payments made through our website must be made exclusively by credit card. We accept the following marjor credit card companies:

VISA Master Card AMEX 

Permitted Use

You agree that you are only authorized to use GeoAnalyser through a Web Browser or mobile programs authorized by CGC without tempering or attempting to temper with the Website or GeoAnalyser's security features. You further agree that it is only where permission is specifically and expressly accorded on the Web site pages or items comprising the Content or Services that you may retain a single copy of those pages of the Web site or items personal and non-commercial use, provided that you maintain all copyright and all other notices contained therein and that you do not modify all or any portion of those pages or items. You are permitted to retain a copy of the Web site Terms and Conditions of Use.

Prohibited Use

You shall not access or try to access the Website and/or GeoAnalyser with any program not authorized by CGC including mirroring softwares, robots or automated scripts in order to obtain data or temper with the established security features. The foregoing prohibition expressly includes, but is not limited to, the practice of "screen scraping", or any other practice or activity the purpose of which is to obtain lists of data, portions of a database, or other lists or information from the Web site or GeoAnalyser, in any manner or in any quantities not authorized by CGC. You agree that you will not frame the Web site or the Content or any part thereof on any commercial or non-commercial internet Web site. Any special terms and conditions for use of certain Content or Services provided on the Web site and included elsewhere on the Web site are incorporated into, and become part of, these Terms and Conditions. No rights or licences are granted to you regarding the Web site or the Services, except the limited right to use the Web site and the Services in accordance with these Terms and Conditions. No reproduction, duplication, posting, downloading, uploading, retransmission, distribution, sale, modification, translation, republication of the Web site or the Services or the creation of a derivative work based on the Web site or the Services is permitted without the prior express written consent of CGC. You may not use any meta tags or any other "hidden text" using the domain name "geoanalyser.com", name, trade-marks or official marks without CGC's prior express written consent. Any exploitation of the Web site, the Content or the Services including, without limitation, reverse engineering, decompilation and disassembly is strictly prohibited. You agree that you will not use this Web site for any purpose that is unlawful.

Ownership

Certain names, words, titles, phrases, logos, designs, graphics, icons and marks displayed on the Web site, in the Content or with the Services may constitute official marks, trademarks or trade names of CGC or its licensors. The Web site, the Content and the Services are protected under Canadian and international copyright laws and intellectual property laws and treaty provisions.

Title to the Web site, the Content and the Services and the official marks, trademarks or trade names displayed on the Web site are owned by and shall remain with CGC and/or its suppliers. Nothing contained in these Terms and Conditions or on the Web site shall be construed as conferring by implication, estoppel or otherwise any license or right to use any official marks, trade-marks, trade-names, copyright or other intellectual property rights of CGC or its suppliers. Any unauthorized use of the Web site, the Content or the Services or the official marks, trade-marks, trade names, copyright or other intellectual property rights of CGC or its suppliers is strictly prohibited, and we reserve the right to take such steps as we deem necessary, including account revocation or legal action, to enforce such rights.

Hyperlinks

The Web site may contain links to third party Web sites. CGC does not endorse the content contained in any third party Web site. CGC does not make any representation, warranty or condition, express, implied or statutory of any kind regarding any third party Web site, including without limitation any representation or warranty regarding the legality, accuracy, reliability, quality, completeness, timeliness, non infringement, security, or suitability of any content on a third party Web site. CGC does not make any representation or warranty regarding the merchantability and fitness for a particular purpose of any content, goods or services on or made available through any third party Web sites. Nor does CGC make any representation, warranty or condition, express, implied or statutory that the operation of any third party Web site will be uninterrupted, free of error, viruses or any other harmful components. The content, goods and/or services available on or through any third party Web site is not under CGC control and if you choose to access any third party Web site, you do so entirely at your own risk.

Privacy

To review the CGC privacy policy that applies to this Web site please click on the link displayed on the footer of each GeoAnalyser's web page. The CGC privacy policy applies to your use of this Web site and it's Services. By accessing and using this Web site, you are consenting to the collection, use and disclosure of your personal information in accordance with the CGC privacy policy. You acknowledge having read the CGC privacy policy.

Content Provided by User

By sending electronic mail, messages, content, information or project data to CGC through the WebSite or GeoAnalyser, you hereby grant to CGC a transferable world-wide perpetual, irrevocable, royalty-free, non-exclusive license, including the right to to use, reproduce, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of CGC all moral rights in the electronic mail, message, content or information. By submitting or sending electronic mail, messages, content, information or project data to CGC you represent and warrant that you have the full right and authority to do so and that any use by CGC of the electronic mail, message, content or information will not violate the intellectual property rights of any person.

Prohibitions on User Information

You will not: (a) transmit, upload, post or otherwise make available any information or materials that (i) constitutes or encourages conduct, that would constitute a criminal offence or give rise to civil liability; (ii) is protected by copyright, trade-mark or other proprietary right without the express permission of the owner of the copyright, trade-mark or other proprietary right; (iii) is libellous, slanderous, defamatory, harassing, threatening or is otherwise injurious to a third parties; (iv) is hateful, bigoted or racially offensive; or (v) is vulgar, obscene, discourteous, indecent or pornographic; (b) interfere with other users’ use of the Website or the Services, including, without limiting the generality of the foregoing, disrupting the normal flow of communication in a discussion group; (c) post, upload or transmit materials that contain a virus, disabling devices or other code that manifests contaminating or destructive properties; (d) post, upload or transmit materials for advertising or commercial solicitation; (e) post, upload or transmit materials that do not generally pertain to the designated topic of discussion; or (f) otherwise use the Website or the Services in a manner which would serve to restrict or inhibit any other user from enjoying the Website or the Services.

Indemnification

You agree that your use of the Web site, the Content and the Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against CGC and/or its suppliers. You agree, at your own expense, to indemnify and hold CGC and its suppliers, and its and their respective directors, officers, employees, representatives, agents and licensors harmless against any claim, suit, demand, action or other proceeding brought against any of them by a third party as a result of your breach of these Terms and Conditions.

Governing Law and Jurisdiction

All matters relating to your access to or use of the Web site or the Services shall be governed by the laws of the Province of Quebec and the laws of Canada, notwithstanding conflict of laws principles. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Quebec with respect to all matters relating to your access to and use of the Web site.

Termination

CGC may at its sole and absolute discretion cancel or terminate your right to use this Web site or the Services, without notice or liability to you or any other person. In the event of termination, the terms and conditions of use shall continue to apply and be binding upon you with respect of your prior use of the Web site and of the Services.

Waiver/Severance

The failure by CGC to require or enforce the performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Each provision of the Terms and Conditions is severable from the other Terms and Conditions and if any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other Terms and Conditions will continue to have full force and effect.

Copyright Notice

©2010 Canadian GeoExchange Coalition (CGC). All rights reserved. No part of the Web site or the Services may be reproduced, modified, distributed, published, sold, licensed, broadcasted, retransmitted, circulated in any form or used in any way without the prior written consent of CGC. To request such consent, please contact:
Canadian GeoExchange Coalition
1030 Cherrier, suite 405
Montreal, QC
H2L 1H9
1 514 807-7559
1 514 807-8221 ( Fax )