Terms and Conditions of Use
INTELLECTUAL PROPERTY OWNERSHIP
Any and all intellectual property rights associated with the TotallyCAD Site and the text, software, music, sound, photographs, video, graphics, domain names, URL's, advertisements, commercially produced information, and other materials contained on the TotallyCAD Site (TotallyCAD content), including without limitation any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (Intellectual Property), are the sole property of TotallyCAD or its third party licensors, and, except as provided in this Agreement, may not be copied, reproduced, modified, uploaded, downloaded, transmitted, or distributed in any way. Except as provided in this Agreement, TotallyCAD does not grant to you any express or implied rights to TotallyCAD or any third party's Intellectual Property. The TotallyCAD Intellectual Property is protected by copyright, trade secret, and other intellectual property laws and by international treaties, all of which provide rights and obligations that are supplemental to the rights and obligations set forth in this Agreement.
USE OF TotallyCAD CONTENT
You understand and agree that you are permitted to use TotallyCAD Content only as expressly authorized by TotallyCAD or its third party licensors, as applicable. You may download, view, copy and print TotallyCAD Content, subject to the following: (a) the TotallyCAD Content may be used solely for personal, informational, non-commercial purposes; (b) proprietary rights notices may not be removed or altered; and (c) the TotallyCAD Content may not be modified or altered in any way.
All TotallyCAD graphics, logos, page headers, button icons, scripts, commercial markings and service names are registered trademarks, trademarks or trade dress of TotallyCAD trademarks and trade dress may not be used in connection with any product or service that is not TotallyCAD, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TotallyCAD. All other trademarks not owned by TotallyCAD that appear on the TotallyCAD Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TotallyCAD
In consideration for your use of the TotallyCAD Site, you must: (1) provide all equipment necessary for accessing and utilizing the TotallyCAD Site; (2) provide for your own access to the World Wide Web and pay any telephone service fees or other charges associated with your access; and (3) agree to adhere to the terms of this Agreement. If you decide to purchase products or services through the TotallyCAD Site, you agree to: (1) provide certain current, complete, and accurate information about yourself as prompted to do so during checkout (this information will be referred to as Customer Information); and (2) maintain and update your Customer Information as required to keep it current, complete and accurate. All Customer Information will be handled in accordance with the terms of the TotallyCAD Privacy Statement. TotallyCAD reserves the right to terminate your right to use the TotallyCAD Site or block your access to the TotallyCAD Site if TotallyCAD learns that you have provided TotallyCAD with false, inaccurate or misleading Customer Information or that you have otherwise violated this Agreement. TotallyCAD reserves the right to change its criteria for allowing access to the TotallyCAD Site, at any time, in its sole discretion.
LINKS TO OR COMMUNICATIONS WITH THIRD PARTY WEB SITES AND SERVICES
Any links, including click-through and other advertisements and promotions, on the TotallyCAD Site to third party web sites or resources are provided solely for your convenience. By clicking on any link to a third party web site you acknowledge and agree that, unless expressly stated otherwise: (1) you will be leaving the TotallyCAD Site; (2) TotallyCAD has not reviewed, does not monitor, and has no control over the content, advertising, order fulfillment, billing, customer service, products, or availability of any third party web sites or resources, and you bear all risks associated with the use of third party web sites or resources; and (3) TotallyCAD is not responsible or liable, directly or indirectly, for any loss or damage of any sort incurred or alleged to be caused by or in connection with your use of or reliance on any content, products, or services available on third party web sites or resources, or for your purchase of products from third party web sites whose products may also be offered through the TotallyCAD Site.
The TotallyCAD Site contains e-mail and other functions for you to provide files, data, media, orders, product inquiries, graphics, text or other information to TotallyCAD (User Materials). You hereby grant (or warrant that the owner of rights to the content or information has expressly granted) TotallyCAD the world-wide, royalty free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display User Materials (in whole or in part) and to incorporate them in other works in any form, media, or technology now known or later developed on the TotallyCAD Site. User Materials do not include your Customer Information, which is handled in accordance with the TotallyCAD Privacy Statement. You agree not to provide TotallyCAD with any User Materials that are confidential. You understand that the technical processing and transmission of information on the TotallyCAD Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. In the event that you make accessible communications or other materials that infringe the copyrights of a third party, TotallyCAD will terminate your access to the TotallyCAD Site in accordance with the TotallyCAD Copyright Policy as set forth below.
PERSONALLY IDENTIFIABLE INFORMATION
For detailed information regarding TotallyCAD use of your Customer Information and any other personally identifiable information you may submit, please read our Privacy Statement.
IDEA SUBMISSION POLICY
TotallyCAD will not accept or consider unsolicited ideas, including without limitation ideas for new products, services, advertising campaigns, promotions, technologies, processes, materials, marketing plans, or product names. The purpose of this policy is to avoid potential misunderstandings or disputes when TotallyCAD products or services (collectively, TotallyCAD Products) might seem similar to ideas submitted to TotallyCAD. Please do not send your unsolicited ideas or any original materials (e.g., creative artwork, samples, demos, or other works) to TotallyCAD or anyone at TotallyCAD. If, despite this request, you still send us your ideas and materials, please understand that TotallyCAD will not treat your ideas or materials as confidential or proprietary.
In consideration of your use of the TotallyCAD Site, you understand and agree that you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify TotallyCAD of any unauthorized use of your account or any other breach of security of which you are aware.
You agree not to:
(a) upload, download or transmit via the TotallyCAD Site any User Materials that are offensive, vulgar, profane, obscene, sexually explicit, pornographic, inflammatory, harassing, excessively violent, threatening, tortuous, invasive of another's privacy or publicity rights, abusive, hateful, libelous or defamatory, plagiarized, harmful to minors, racially, ethnically, or otherwise objectionable in any way, infringe any patent, trademark, copyright, rights of publicity, or other intellectual property right, would constitute or encourage a criminal offense, violate the rights of any party, would otherwise give rise to criminal or civil liability or violate any local, state, national, or international law, contain direct links (by a single click) to web sites that contain information of the kind described in this section, or constitute unsolicited promotions, advertising materials, "spam," chain-letters, or other such solicitation;
(b) use the TotallyCAD Site to publicly broadcast, transmit, or display User Materials for "pay-per-download" or other commercial purposes, or which include a virus, worm, Trojan-horse, sniffer, or other code designed to acquire information about other users or disrupt the functionality or availability of any computer program, database, the TotallyCAD Site or any Internet host;
(c) disguise your identity by spoofing, forging headers, using third-party relayers, or otherwise obscuring the origin of transmitted User Materials including impersonating another person or entity;
(d) disrupt or interfere with the security of, or otherwise abuse, the TotallyCAD Site, or any services, system resources, accounts, servers or networks connected to or accessible through the TotallyCAD Site or affiliated or linked services, or use any device or software designed to circumvent technological measures employed to control access to the TotallyCAD Site or products made available on the TotallyCAD Site;
(e) harvest or otherwise collect information about others, including e-mail addresses, without their express consent;
(f) sublicense, lease, rent, sell, resell, or otherwise transfer rights to the TotallyCAD Site or exploit for any commercial purposes any use of the TotallyCAD Site;
(g) modify, translate, decompile, reverse-engineer, disassemble, or create derivative works based on the TotallyCAD Site, or bypass the TotallyCAD Site and directly access any individual components of or products that are included in the TotallyCAD Site; or
(h) alter or remove any copyright, trademark, logo, symbol, or proprietary or other legal notices displayed on the TotallyCAD Site or in TotallyCAD products Content printed or downloaded through the TotallyCAD Site, or contained in or included with products or services received through the TotallyCAD Site.
NO OTHER WARRANTIES
EXCEPT AS PROVIDED IN THE LIMITED WARRANTY IN THIS AGREEMENT AND ANY APPLICABLE TOTALLYCAD END USER LICENSE AGREEMENT, THE TOTALLYCAD SITE AND PRODUCTS OFFERED THROUGH THE TOTALLYCAD SITE UNDER THIS AGREEMENT ARE PROVIDED "AS-IS" AND "AS-AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. TOTALLYCAD DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. TOTALLYCAD AND ITS VENDORS AND SERVICE PROVIDERS DO NOT WARRANT THAT YOUR USE OF THE TOTALLYCAD SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE. TOTALLYCAD AND ITS VENDORS AND SERVICE PROVIDERS DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR (A) THE ACCURACY OR RELIABILITY OF ANY CONTENT, OR (B) THE CAPABILITIES OR RELIABILITY OF ANY PRODUCT OR THE TOTALLYCAD SITE OBTAINED FROM TOTALLYCAD OR A THIRD PARTY SOURCE OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER PROTECTION LAW. YOU UNDERSTAND AND AGREE THAT ANY TOTALLYCAD CONTENT AND/OR MATERIAL DOWNLOADED, UPLOADED, STORED OR TRANSMITTED BY YOU THROUGH USE OF THE TOTALLYCAD SITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT RESULT FROM THE DOWNLOAD, UPLOAD, STORAGE AND/OR TRANSMISSION OF SUCH CONTENT AND/OR MATERIAL. YOU UNDERSTAND AND AGREE THAT ANY THIRD PARTY PRODUCTS OR SERVICES PURCHASED THROUGH USE OF THE TOTALLYCAD SITE ARE GOVERNED SOLELY BY THE THIRD PARTY'S TERMS AND CONDITIONS AND APPLICABLE END USER LICENSE AGREEMENTS, AND TOTALLYCAD HAS NO RESPONSIBILITY FOR THIRD PARTY PRODUCTS OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW OR OTHERWISE GOVERN THE SCOPE OF EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY IN FULL.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOTALLYCAD, ITS LICENSORS, VENDORS, SERVICE PROVIDERS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE WHETHER IN CONTRACT, TORT, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, CORRUPTION OF CONTENT, AND LOSS OR INACCURACY OF INFORMATION), ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE TOTALLYCAD SITE, THE PRODUCTS OFFERED THROUGH THE TOTALLYCAD SITE, INCLUDING WITHOUT LIMITATION THE TOTALLYCAD PRODUCTS OR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE AND EVEN IF TOTALLYCAD WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OR MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. TOTALLYCAD CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE TOTALLYCAD SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE MAXIMUM LIABILITY OF TOTALLYCAD FOR DAMAGES WILL NOT EXCEED, IN THE AGGREGATE, $100.00.
You agree to indemnify and hold TotallyCAD and its suppliers, licensors, vendors, service providers, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the TotallyCAD Site, and User Materials you submit, transmit, store, upload or download through the TotallyCAD Site, any product received by you through the TotallyCAD Site, or any violation of this Agreement or the rights of others.
COPYRIGHT POLICY - NOTICE TO TOTALLYCAD REGARDING ALLEGED COPYRIGHT INFRINGEMENT
TotallyCAD respects the Intellectual Property rights of others, and expects its users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), TotallyCAD has designated an agent to receive notifications of alleged copyright infringement associated with the TotallyCAD Site. TotallyCAD will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our copyright agent:
When notifying us of the alleged copyright infringement, please include all of the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
b) Identification of the copyrighted work claimed to have been infringed;
c) Identification of the material that is claimed to be infringing and information reasonably sufficient to locate the material;
d) Information reasonably sufficient to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
e) A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f) A statement that the information in the notification is accurate, and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
TotallyCAD reserves the right to terminate your use of the TotallyCAD Site for any actual or alleged copyright infringement.
All notices to a party shall be in writing and shall be made via e-mail to info@TotallyCAD.com for notices to TotallyCAD, or to the e-mail address that you provide to TotallyCAD as part of your Customer Information for notices to you, or such other address as either party may specify. Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, notices to TotallyCAD may be sent by regular mail, postage prepaid to TotallyCAD address provided below. TotallyCAD may also broadcast notices or messages, or other matters of importance, on this web site; such broadcasts will constitute notice to you.
Entire Agreement. This Agreement (and any additions or modifications to this Agreement mutually agreed to in writing by the parties), and any applicable End User License Agreement(s), shall constitute the entire agreement and understanding between you and TotallyCAD with respect to the TotallyCAD Site and purchases made via the E-Store. While TotallyCAD reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorized representative of TotallyCAD execute a separate written agreement.
Severability. If any provision of this Agreement is held to be unenforceable for any reason, that provision will be reformed only to the extent necessary to make it enforceable, and that determination will not affect the enforceability of the provision at issue or of the remaining provisions of this Agreement.
Applicable Law. This agreement is subject to applicable Swiss laws, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts residing in Swiss. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Assignment. TotallyCAD may assign its rights and duties under this Agreement without the assignment being considered a change to the Agreement and without notice to you. We are then released from all liability. You may not assign this Agreement without the prior written consent of TotallyCAD. All rights and obligations under this Agreement will bind and inure to the benefit of the parties to this Agreement and their respective successors and permitted assigns.
The person who downloads any trial software from TotallyCAD, subscribes automatically to the TotallyCAD Newsletter, which now and then will be sent. The TotallyCAD Newletter contains news and product information. Each TotallyCAD Newsletter has an unsubscribe function that can be used at any time.
The following provisions specifically relate to the E-Store portion of the TotallyCAD Site. All other provisions of this Agreement apply to the E-Store as well:
Third Party Products. All Third Party Products ordered through the E-Store are subject to the terms and conditions of the End User License Agreement between you and the third party vendor (Third Party) (if any), and any other Third Party policies and procedures. All warranties, maintenance, updates, liabilities or other obligations related to Third Party Products will be provided for by the Third Party, and TotallyCAD will not be responsible for any Third Party Products, except that TotallyCAD will coordinate returns of Third Party Products to Third Parties.
Taxes. Prices listed through the TotallyCAD Site do not include any tax or other governmental charge or assessment on the sale, shipment, download, or use of any products sold to you. Such taxes and charges, when applicable, may appear as separate additional charges.
MODIFICATIONS TO AGREEMENT OR TotallyCAD SITE
Acknowledgment. You acknowledge that (i) you have read and understand this Agreement; and (ii) the Agreement has the same force and effect as a signed agreement.
Prices quoted are in US Dollars (except for purchases by Australian customers - where prices are in AUD).
TotallyCAD is not responsible for currency exchange charges or fees imposed by your credit card provider.
Be aware that a customs duty tax may be charged once the shipment arrives at your country. TotallyCAD has no control on customs duty and is not responsible for these charges.
TotallyCAD will make every effort to ship the software on the same or the next working day after the order is received. Delivery times noted on the TotallyCAD website are indicative only. These delivery times may vary for reasons beyond the control of TotallyCAD
TotallyCAD may not ship the software before full payment of the software is received by TotallyCAD.
TotallyCAD has a No Refunds policy on software that is already delivered. The release of the software download address implies that the software is delivered. Product returns may only be accepted during the initial evaluation (unregistered) period. Once TotallyCAD releases the software authorization key or the software serial number to the purchaser or user, refunds will not be provided.
TotallyCAD may be contacted at:
PO Box 1444
Cronulla NSW 2230 Australia
Phone: (+61) 1300 654 616
TotallyCAD's Privacy Statement
TotallyCAD's business is built on trust, honesty, and integrity. These traits permeate all aspects of our operations, including our web site.
Visit our "Privacy" page for more details.