Terms Of Service:
Acceptance of Terms:
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.
Description of Service:
VirtualCAD.com provides a service to Manufacturers and Distributors of mechanical components, to enable them to offer 2D CAD Drawings and 3D CAD Models available from their website for download by their customers. The 2D/3D CAD files 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 is considered the Service.
Although VirtualCAD makes a strong effort to create the CAD files as accurately as possible, it is not responsible for any inaccurate dimensions or size data 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.
No Resale of Service:
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.
Modifications to the VirtualCAD 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.
VirtualCAD's Proprietary Rights:
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.
Disclaimer or Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Limitation of Liability:
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.
Exclusions and Limitations:
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 'YOUR Parts. YOUR Site. ZERO Effort.' are trademarks of VirtualCAD Inc.
Other Brand Name trademarks shown on this site are as descriptive references only and are owned by their respective companies. VirtualCAD makes no claim of ownership of such marks.
Copyrights and Copyright Agents:
VirtualCAD Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide VirtualCAD Inc. the following information:
Please send this notice to us at the address noted in the 'Contact Us' section of this web site.
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.
VirtualCAD clients are Manufacturers and Distributors. (Collectively called 'clients'.) However, we provide 2D/3D CAD files to their customers. (Collectively called 'customers'. Individually called 'user'.) Most clients require that their customers register to access the 2D/3D CAD files that are served by VirtualCAD. This registration is either handled by VirtualCAD, or the client.
When the client handles the user registration, VirtualCAD is provided with the user's email address with the download request.VirtualCAD will NEVER distribute that email address to ANY other party. It is used simply to communicate with the user if needed. All other information collected by the client would be governed by their individual Privacy Policies.
If client 'ABC' and client 'XYZ' both request that VirtualCAD handle the user registration, VirtualCAD maintains a SINGLE account for the user for both clients. Therefore, after registering for client 'ABC', the user will use the exact same account at client 'XYZ'. However, the same registration information will be sent to client 'XYZ' as a 'sales lead'. The benefit to the user is a single account to maintain and only a single registration step. The same information is provided to client 'XYZ' that would have been required had there been a completely separate registration process.
For research purposes, we may conduct online surveys. If a user chooses to participate, they will be prompted to answer a series of online questions. Individual responses are kept confidential. The aggregate data may be used as VirtualCAD deems appropriate.
We Reserve the Right:
Questions and Concerns: