­­­­­TERMS OF USE

IMPAC SYSTEMS & MARKETING, an Ontario company operating as a division of 1208795 Ontario Inc., operates and manages the website https://www.proquote-solutions.com/ (hereinafter referred to as the “Website”). The Website provides information relating to IMPAC SYSTEMS’s proprietary software, services and contact information. ProQuote, IMPAC’s proprietary software, allows its licensees and users to: (i) establish an online price book of products and services; (ii) generate, revise and track professional proposals and quotes; (iii) establish a database of contacts; and (iv) benefit from reporting tools.

The present Terms of Use shall govern the terms upon which users may visit, access and otherwise use the Website.

 

  1. DEFINITIONS

When employed in these Terms of Use, the following capitalized terms shall have the meanings set forth hereinbelow:

“IMPAC” shall refer to IMPAC SYSTEMS & MARKETING, a division of 1208795 Ontario Inc.

“Terms” or “Terms of Use” shall refer to the present Terms of Use and all modifications and supplements made to these Terms of Use by IMPAC.

“Users” shall refer to the users of the Website collectively, and “User” shall refer to an individual user of the Website.

 

  1. APPLICATION OF THESE TERMS OF USE

The present Terms of Use shall set forth the terms upon which Users may use the Website. The present Terms of Use shall be enforceable and binding upon every User’s access, visit or usage of the Website. By using the Website, or otherwise engaging with the Website in any way, each User agrees to be bound by these Terms of Use. A User’s usage of the Website signifies that the User agrees to be bound by these Terms of Use, in full and without restriction, as though the User manually signed them.

The present Terms of Use shall encompass any other rules or policies implemented by IMPAC, including but not limited to IMPAC’s Privacy Policy.

 

  1. BINDING TERMS

These Terms of Use constitute a binding and enforceable agreement between each User and IMPAC with respect to the User’s usage of the Website and the content provided thereon.

Each User acknowledges that IMPAC shall not be bound by any terms or agreements except for the present Terms of Use, unless otherwise indicated in these Terms of Use or as specified in writing by IMPAC.

If a User does not agree with these Terms of Use, in full or in part, the User’s sole recourse shall be to not use the Website.

 

  1. ELIGIBILITY

To be eligible to use the Website, each User confirms and represents the following to IMPAC:

  1. The User is at least eighteen (18) years old.
  2. The User agrees to use the Website in compliance with all applicable laws, regulations and policies.
  3. The User is not subject to any limitations or restrictions that would prevent, restrict or otherwise limit the User with respect to using the Website.

 

  1. UPDATES TO THESE TERMS OF USE

IMPAC reserves the right to update or modify these Terms of Use, without notice, at its discretion. The latest version of these Terms of Use shall be binding and effective as of its publication on the Website. The updated version of the Terms shall specify the date of the latest update made thereto.

In consideration thereof, IMPAC encourages each User to review these Terms of Use periodically to ensure compliance with the latest version thereof.

The User’s access to or usage of the Website following the publication of the updated Terms of Use shall constitute the User’s acceptance of such updated Terms of Use.

 

  1. INFORMATION PUBLISHED ON THE WEBSITE

The Website provides information relating to IMPAC’s products and services, as well as blogs related to topics of interest. The information published on the Website is provided for reference and information purposes.

The information published on the Website is intended to be construed as general information regarding IMPAC’s proprietary software, services, blogs and activities. The content published on the Website is not intended to be construed as a recommendation or advice. The content published on the Website is for the convenience and reference of Users, and is not intended to be construed as a replacement for a professional consultation.

To obtain a personalized quotation or to obtain specific information, Users are invited to contact IMPAC in the manner specified in the Website.

IMPAC employs processes to ensure the content published on the Website is accurate, updated and relevant, however, IMPAC does not provide any guarantees regarding the reliability of the content. Each User acknowledges that its reliance on any statement or information published on the Website shall be at the User’s sole risk.

IMPAC reserves the right to correct any inaccuracies, errors or omissions on the Website. IMPAC further reserves the right to make changes to the Website and the information provided thereon at any time, at IMPAC’s sole discretion.

Users may download a whitepaper through the Website. Users agree to assume all risks associated with the download of files through or using the Website, as well as decisions, actions and omissions made on the basis of the information provided on the Website. IMPAC declines all liability for actions, inactions and decisions made by the User in reliance upon the information published on the Website.

 

  1. SUBMISSION OF INFORMATION

 Users may schedule demos and sign up for webinars using the Website. To schedule a demo or request additional information, Users shall submit their name and email address. Users’ personal data shall be handled according to IMPAC’s Privacy Policy.

 

  1. PAYMENTS

At this time, Users may not purchase products or services from IMPAC via the Website. Unless otherwise indicated, any payments for products or services shall be handled exclusively by IMPAC outside of the Website. Users are invited to communicate with IMPAC to obtain a personalized quotation or any information regarding payment matters.

 

  1. PERMITTED AND PROHIBITED USE OF THE WEBSITE

Each User shall be responsible for using the Website in accordance with these Terms of Use, and applicable laws and regulations. Each User agrees not to engage in unacceptable use of the Website, which includes, but is not limited to using the Website to:

  • Interfere with or damage the Website and/or its servers;
  • Send harmful components, viruses or damaging files;
  • Use automated means, including spiders, robots, crawlers, data mining tools, to download data from the Website;
  • Hack, install spyware, or reverse engineer the Website;
  • Damage, disable or otherwise attempt to delete the Website, or any portion thereof.

The list of prohibited behavior on the Website provided hereinabove is for illustration purposes. It should not be construed as an exhaustive list of all prohibited conduct. Rather, it should serve as a guideline to help the Users determine which conduct is deemed unacceptable.

 

  1. INTELLECTUAL PROPERTY

All intellectual property directly relating to the Website, IMPAC and ProQuote is and shall remain IMPAC’s sole property and IMPAC is the exclusive owner of such intellectual property throughout the world, without limitations of time or space.

The content published on the Website may include marketing materials and other proprietary documentation. The Website’s content is proprietary to IMPAC. Each User shall be permitted to copy and use the content published on the Website for personal and commercial use and reference purposes. Each User agrees that any reproduction or copy of information published on the Website shall effectively list IMPAC as the author of such content, unless otherwise specified on the Website or by IMPAC.

Trademarks, logos and intellectual property relating to IMPAC and ProQuote solutions is proprietary to IMPAC. IMPAC’s trademarks and logos are protected by intellectual property laws. All rights relating thereto are reserved. Accordingly, IMPAC’s trademarks and logos may not be reproduced or shared without IMPAC’s prior written consent.

These Terms of Use shall not be construed as granting Users a license or right to any trademarks, intellectual property, marketing materials and other proprietary documentation of IMPAC, or any of its affiliates, if applicable.

 

  1. LEGAL NOTICES

Any notice, consent, authorization, direction or other communication required or permitted to be given under these Terms of Use shall be provided in writing and delivered using any delivery method with proof of receipt to IMPAC’s registered office or by email.

IMPAC Systems
PO Box 533 Lakeshore W
Oakville, ON, L6K 0A7
Email: ProQuoteInfo@ProQuote-Solutions.com

As IMPAC may communicate with Users by email, Users are responsible for providing their current and valid email address. If the email address provided by a User is invalid, any notice sent by IMPAC to such email address shall nonetheless be deemed effective as per these Terms.

 

  1. DISCLAIMERS, WARRANTIES AND GUARANTEES

To the fullest extent permitted by applicable law, the Website is provided “as is” and “as available” without warranties of any nature, whether express, implied or statutory.

IMPAC does not warrant that the Website shall be accessible at all times, without error and interruption. Each User acknowledges that IMPAC shall not be liable for any service interruptions, including, without limitation, system failures, power outages, or other interruptions due to causes outside of IMPAC’s control.

IMPAC strives to ensure the content published on the Website is up to date, accurate and applicable. Notwithstanding the foregoing, IMPAC shall not be liable for content published on the Website that is unreliable, outdated, inaccurate or otherwise unusable.

 

  1. EXCLUSIONS OF LIABILITY

To the fullest extent permitted by applicable law, IMPAC shall not be liable for any and all claims, demands, actions, causes of action, damages, losses, liabilities, costs and expenses arising out of or in connection with the User’s usage and access to the Website, download of files from and using the Website and the content provided thereon.

IMPAC further declines all liability for any incidental, indirect, or consequential damages, technical issues, system failures, lost profits, loss of business, injuries or damages of any nature, except to the extent prohibited by applicable law.

 

  1. INDEMNITY

 The User agrees to indemnify and hold IMPAC, its agents, officers, directors, employees, and affiliates harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations, loss, fines, penalties, fees, charges, damages, or suits brought by a third party, arising out of (i) the User’s usage of the Website; (ii) the User’s usage and/or reliance upon the content published on the Website, including but not limited to information relating to IMPAC’s products and services, and blogs related to topics of interest; (iii) any breach of any covenant or obligation of the User under these Terms of Use; (iv) the download or usage of whitepaper from the Website; or and/or (v) the User’s usage of IMPAC’s trademarks and intellectual property.

 

  1. ENTIRE AGREEMENT

The present Terms of Use, including any policy referenced herein, shall constitute the entire agreement between IMPAC and the Users with respect to the subject matter contemplated in these Terms of Use. The latest version of these Terms of Use shall supersede all prior negotiations and agreements between IMPAC and the Users regarding the subject matter hereof.

 

  1. THIRD PARTY SITES

Users acknowledge any links to third party website, sites, or applications (collectively, the “Third Party Sites”) provided on the Website are for reference purposes only. The Third Party Sites referenced on the Website are independent third parties to IMPAC. The inclusion of any links to Third Party Sites on the Website does not imply IMPAC’s endorsement or any association with such Third Party Sites.

Users agree that IMPAC shall not be responsible for the accuracy, quality and/or availability of the Third Party Sites linked on the Website and any content provided under or as part of the same. The use of the Third Party Sites shall be subject to the third party’s policies and specific terms, and not the present Terms. Users agree to use the Third Party Sites at their sole risk.

 

  1. WAIVERS

IMPAC shall not be deemed to have waived any of its rights or privileges under these Terms of Use, by conduct, lapse of time or by any statement or representation other than (i) by an authorized representative of IMPAC and (ii) in an explicit signed written waiver. No waiver of a breach of these Terms of Use shall constitute a waiver of any prior or subsequent breach of these Terms of Use.

 

  1. SEVERABILITY

Any provision of these Terms of Use which is, or becomes, illegal, invalid or unenforceable as per a competent legal authority or competent court shall be severed from these Terms of Use. The remaining provisions of these Terms of Use shall remain enforceable and binding.

 

  1. GOVERNING LAW

 These Terms of Use are governed by the laws in effect in the province of Ontario (Canada).

 

  1. QUESTIONS AND COMMENTS

Users may submit questions and comments regarding these Terms of Use to IMPAC by sending an email. Any reported breaches of these Terms of Use should also be submitted to IMPAC by email.

 

Date of Last Update: February 27, 2024