Acceptance of Terms:

Welcome to VirtualCAD. The VirtualCAD Service ("Service") is owned by VirtualCAD, Inc., which provides this Service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.

It is the express wish of the parties that the TOS and all related documents have been drawn up in English.

C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

Es el deseo expreso de las partes que los Terminos de Servicio y todos los documentos relacionados con este sean redactados en ingles.

VirtualCAD.com is a website that enables users to search for part numbers of mechanical components, download 3D CAD models, and make Requests For Quotes (RFQs) of several manufacturers of similar parts. The 3D CAD models are provided in multiple CAD formats to multiple computing platforms and operating systems. Designers and Engineers incorporate these 3D CAD models in their designs. This and related functionality found on the site is considered the Service.

Although VirtualCAD makes a strong effort to make the CAD models as accurate as possible, it is not responsible for any inaccurate dimensions or size data. CAD models that are rated with more stars (see Star System) will be more accurate than those with fewer stars.

An RFQ made for a specific part and manufacturer, will be sent to that manufacturer and some of its associated distributors. It is up to those parties to respond to the RFQ. VirtualCAD shall not be held responsible for any response or lack thereof.

VirtualCAD is not responsible for the accuracy of any data provided and, therefore, recommends that all users double-check all information pertaining to the part with the chosen manufacturer or distributor before designing with, or purchasing that part.

Unless explicitly stated otherwise, any new feature or enhancement to the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that VirtualCAD Inc. assumes no responsibility for the accuracy, timeliness, deletion, failed delivery or failure to store any data.

In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

Information about you and your company is subject to conditions described in our Privacy Policy document.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

VirtualCAD Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that VirtualCAD Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that VirtualCAD Inc., in its sole discretion, may terminate your access, (or any part thereof) and/or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use, or if VirtualCAD Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOS.

VirtualCAD Inc. may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that VirtualCAD Inc. shall not be liable to you or any third-party for any termination of your access to the Service.

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that any information presented to you through the Service that is not common knowledge and generally known or available in the industry, is protected by copyrights, trademarks, Service marks, patents or other proprietary rights and laws. Except as expressly authorized by VirtualCAD Inc., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, unless the copyright license allows such activity.

VirtualCAD Inc. grants you a personal, non-transferable and non-exclusive right and license to use the Service, and the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service or Software. You agree not to modify the Service or Software in any manner or form, or to use modified versions of the Service or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by VirtualCAD Inc. for use in accessing the Service.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VirtualCAD Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. VirtualCAD Inc. MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. VirtualCAD Inc. AND THE DISPLAYED VENDORS DO NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR INCORRECT INTERCHANGES OR CAD MODEL DIMENSIONING AND DAMAGES THAT MAY RESULT FROM THEIR USE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT VirtualCAD Inc. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF VirtualCAD Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

'VirtualCAD' is a registered trademark owned by VirtualCAD Inc. Without prior permission from VirtualCAD Inc., you agree not to display or use in any manner, the VirtualCAD trademark. 'Building 3D PARTnershipS', and the VirtualCAD 'V-shaped' logo are trademarks of VirtualCAD Inc.

VirtualCAD Inc. respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VirtualCAD Inc. the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
2. A description of the copyrighted work that you claim has been infringed.
3. A description of where the material that you claim is infringing is located on the site.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

The TOS constitute the entire agreement between you and VirtualCAD Inc. and govern your use of the Service, superceding any prior agreements between you and VirtualCAD Inc. The TOS and the relationship between you and VirtualCAD Inc. shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and VirtualCAD Inc. agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Toronto, Ontario, Canada. The failure of VirtualCAD Inc. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Please report any violations of the TOS to VirtualCAD Inc. using the contact information above, or to contact@virtualcad.com.