TERMS OF USE

Last Updated: September 2016

SECTION 1 – ACCEPTANCE OF TERMS

This website is operated by Eramosa. Throughout the site, the terms “we”, “us” and “our” refer to Eramosa. Eramosa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Use (“TOU”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read the TOU carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these Terms of Use.

Any new features or tools which are added to the current website shall also be subject to the Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 2 – PRIVACY POLICY

Please refer to Eramosa’s Privacy Policy relating to the collection, use and disclosure of your personally-identifying information.

SECTION 3 – GENERAL CONDITIONS

Eramosa.com provides you with access to a variety of resources, including software, communication forums, and product information (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

Any software that is made available to download from the Services (“Software”) is the copyrighted work of Eramosa and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”).

Unless otherwise specified, the Services are for your personal and non-commercial use. You agree not to modify, reproduce, duplicate, copy, distribute, transmit, display, perform, reproduce, republish, license, create derivative works from, broadcast, transfer, sell, resell, or exploit any information, software, products, or services obtained from the Services.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 4 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 5 – MODIFICATIONS TO SERVICES

We reserve the right at any time to modify or discontinue, temporarily or permanently, Services (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, suspension or discontinuance of the Service.

SECTION 6 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

SECTION 7 – THIRD PARTY SITES AND CONTENT

Certain content, products and services available via our Services may contain links to third-party web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”). You use Third-Party Sites and Third-Party Content at your own risk.

Third-party links on this site may direct you to Third-Party Sites that are not affiliated with us. Inclusion in the Services of Third-Party Content does not imply Eramosa’s endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Content. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party Content or Third-Party Sites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party Sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 8 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, forum comments) or without a request from us you post, upload, input, provide or submit creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, transmit, publicly display, translate, transform, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

Although we have no obligation to do so, we have the absolute discretion to monitor, edit or remove content without notice that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. We may do this at any time and for any reason.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 9 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 10 – PROHIBITED USES OF SERVICES

You may not use this site and/or Eramosa Services in any manner which could damage, disable, overburden, or impair this site and/or any Services (or the network(s) connected to such site or services) or interfere with any other party’s use and enjoyment of this site and/or Services. You may not attempt to gain unauthorized access to this site and/or any Service, other accounts, computer systems or networks connected to this site, through hacking, password mining or any other illegitimate means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Services.

By way of example, and not as a limitation, you agree that when using the Services, you will not:

  • Use the service for any unlawful purpose.
  • Solicit others to perform or participate in any unlawful acts.
  • Violate any international, federal, provincial or state regulations, rules, laws, or local ordinances.
  • Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
  • Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Publish, post, upload, distribute, or disseminate any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, profane, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable.
  • Harass, abuse, insult, harm, stalk, defame, slander, disparage, intimidate, threaten, or discriminate, or otherwise violate the legal rights (such as rights of privacy and publicity) of others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
  • Submit false or misleading information.
  • Upload or transmit viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet.
  • Falsify or delete any email headers, author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of email, software or other material in order to disguise the origin of such email, software or material.
  • Collect or track the personal information of others, including e-mail addresses.
  • Spam, phish, pharm, pretext, spider, crawl, or scrape.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Services specifically allows such messages.
  • Use the service for any obscene or immoral purpose.
  • Interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
  • Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.
  • Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the site or Eramosa’s systems or networks, or any systems or networks connected to the website or to Eramosa.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Eramosa may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Eramosa’s rights or property, or the rights or property of visitors to or users of the website, including Eramosa’s customers. Eramosa reserves the right at all times to disclose any information that Eramosa deems necessary to comply with any applicable law, regulation, legal process or governmental request.

SECTION 11 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

ERAMOSA DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF OUR SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. ERAMOSA HAS MADE REASONABLE EFFORTS TO POST CURRENT AND ACCURATE INFORMATION ON THIS SITE; HOWEVER, ERAMOSA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES WHATSOEVER IN THE INFORMATION PROVIDED IN THIS SITE. UNDER NO CIRCUMSTANCES WILL ERAMOSA BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THIS SITE.

YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE A SERVICE FOR INDEFINITE PERIODS OF TIME OR CANCEL A SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, OUR SERVICES IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

IN NO CASE SHALL ERAMOSA, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SECTION 12 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Eramosa, subsidiaries, affiliates, partners, officers, directors, predecessors, successors in interest, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any demands, loss, liability, claims or expenses, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 13 – SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or for any reason unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 15 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Eramosa with respect to this site and Eramosa Services and it supersedes all prior or contemporaneous agreements, communications and proposals, whether electronic, oral or written, between you and Eramosa with respect to this site and Eramosa Services (including, but not limited to, any prior versions of the Terms of Use).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

SECTION 16 – GOVERNING LAW

The Services are controlled by Eramosa and operated by it from its offices in Guelph, Ontario. These Terms of Use and any separate agreements whereby we provide you Services shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.

If you choose to access these Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Eramosa and the other Released Parties for your failure to comply with any such laws

SECTION 17 – CHANGES TO TERMS OF USE

You can review the most current version of the Terms of Use at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

SECTION 18 – OWNERSHIP, COPYRIGHT AND TRADEMARKS

All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Eramosa.

SECTION 19 – COPYRIGHT NOTICE

© 2016 Eramosa. All rights reserved.

SECTION 20 – CONTACT INFORMATION

If you have questions, concerns or if you would like more detailed information about the Terms of Use, please send your request to:

Eramosa
Attn: Privacy Officer
650 Woodlawn Road West
Block C Unit 4
Guelph, ON N1K 1B8
Canada

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