Terms and Conditions

Terms and Conditions of Use

Eckler Ltd. (“Eckler”) maintains a web site currently located at eckler.ca (the “Site”). The Site is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). By accessing or using the Site, you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the Site.

Modifications to the Terms and Conditions

Eckler reserves the right to change these Terms and Conditions at any time and your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

Professional Advice Not Provided

The Site is current as of its original date of publication, but should not be relied upon as accurate, timely or fit for any particular purpose. The Site is provided solely for informational purposes. It is not intended to be professional advice or an opinion of any kind. You are advised to seek specific advice by contacting members of Eckler (or your own consultant) in relation to your specific issues.

Viruses

The downloading of Site is done at your own risk. Eckler cannot and does not guarantee or warrant that the Site is compatible with your computer systems or that the Site will be free of viruses, worms, Trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

Disclaimer and Limitation of Liability

THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE IS AT YOUR OWN RISK. CLIENT ALSO ACKNOWLEDGES AND AGREES THAT SITE MAY DEPEND ON INFORMATION AND FUNCTIONALITIES PROVIDED BY THIRD PARTY PRODUCTS AND SERVICES, AND ECKLER IS NOT RESPONSIBLE TO VERIFY THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENCY, TIMELINESS OR QUALITY OF SUCH INFORMATION OR FUNCTIONALITIES. TO THE FULLEST EXTENT PERMITTED BY LAW, ECKLER DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL ECKLER OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT ECKLER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE.

Communications Not Confidential

Eckler does not guarantee the confidentiality of any communications made by you via e-mail or otherwise through the Site. If you wish to provide information of a confidential or sensitive nature to one of the members of our firm, please contact them directly by telephone.

No Unlawful or Prohibited Use

You agree that you will not, without our prior written permission, use the Site and the Content for purposes other than your own personal non-commercial use and benefit. You may not frame the Site or the Content or any part thereof on any commercial or non-commercial internet web site. You acquire absolutely no rights or licences to the Site other than the limited right to use the Site in accordance with these Terms and Conditions. You agree that you will not use the Site for any purpose that is unlawful. Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited. You may not: (a) remove or destroy any copyright, trademark or other proprietary marking or legends placed on or contained in the Site; (b) take any action that imposes an unreasonable load on the infrastructure of the Site or interferes with the operation, delivery or performance of the Site; or (c) use, copy, modify, create derivative works, distribute or publicly display any analysis, report or other content provided by the Product except as specifically permitted by Eckler. Client agrees that it will not intentionally or knowingly take any steps to avoid or defeat the security measures associated with the Site, including the public sharing of login information and/or passwords, attempts to compromise authentication protocol and malicious attacks on client portal, reverse engineering of security measures, deconstruction or public sharing of proprietary code, or any other steps that would intentionally or knowingly use any means to avoid or defeat (or allow others to avoid or defeat) existing security measures associated with the Site.

Ownership

All Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned and/or licensed by Eckler and are protected by copyright, trade-mark and other intellectual property laws and treaty provision laws.

Third-Party Sites

The Site may provide links to third-party web sites. Eckler does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Eckler’s control and if you choose to access any such web site, you do so entirely at your own risk.

Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. The Site and the Content are intended for use only in jurisdictions where it may lawfully be offered for use.

General Provisions

These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between Eckler and you pertaining to the subject matter hereof. Eckler’s failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.

AODA Policy

COPYRIGHT AND TRADE-MARK NOTICES

© 2019 Eckler Ltd. All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of Eckler, except to the extent that such use is for your personal, non-commercial use (to request such consent, please contact legal@eckler.ca) All copies must include this copyright notice.