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Terms of use
By accessing the EASICloud Web Site ("Site") you agree to be bound by the following Terms of Use. This Site is operated by EASICloud Corporation (“EASICloud”).
IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THE SITE.
“You” and “your” refer to any users of the Site. EASICloud reserves the right, at its sole discretion to change, add or remove portions of these Terms of Use, at any time. Providing that you comply with these Terms of Use, EASICloud grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Site.
1. No Warranty or Representation.
While EASICloud uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with EASICloud, its suppliers or affiliates. Neither EASICloud, its partners, suppliers, affiliates nor any other party involved in creating, producing or delivering the Site shall be liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if EASICloud has been advised of or foresees the possibility of any damages occurring.
Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE, ACCURACY, TIMLINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF INFORMATION, DURABILITY, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR INTER-OPERABILITY OF PRODUCTS OR SERVICES.
2. Use of Information.
The information on this Site is for informational purposes only. You agree that you will use the Site and any Content found on the Site solely for your personal, lawful purposes and that you shall not use any information contained in this Site or the links to this Site in any claims, proceedings, suits or actions against EASICloud, its suppliers or affiliates.
You may not:
post, upload, publish, display, encode, reproduce, transmit or otherwise distribute and/or disseminate information or material on the Site: constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability; (ii) which is protected by copyright, or other intellectual property right or derivative works thereof, without obtaining permission of the rights holder; (iii) promoting racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, or harasses or advocates harassment of another person; (iv) which solicits passwords, personal information, funds, goods and/or services or otherwise solicits information for commercial or unlawful purposes (v) that contains advertising;
engage in any conduct that impersonates any person, licensed professional, business or entity, including EASICloud and our employees and agents;
otherwise use this Site in a way that is contrary to law or which could adversely impact use of the Site or the Internet by other users including the posting or transmitting of other information or software containing viruses or other disruptive components. EASICloud reserves the right to refuse or delete any User Content and/or to suspend or terminate your access to the Site without notice upon a violation of attempted violation of these Terms of Use or for any other reason.
3. Links.
This Site may contain links to other web sites that are not under the control of EASICloud. EASICloud is not responsible for and makes no representations or warranties concerning the contents of any linked site, any information collection, use or disclosure practices through a linked site or any link contained in a linked site (collectively the “Linked Sites”). It is your responsibility to verify any information contained within the Linked Sites before relying on it. Also, the information contained in the Linked Sites may be changed or updated at any time without notice. EASICloud provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by EASICloud of the Linked Site. Your use of the Linked Sites is at your own risk and may be subject to terms and conditions contained in the Linked Sites, which you should locate and review.
4. Content
All text, comments, messages, information, data, graphics, interfaces, articles, photographs, images, illustrations, artwork, software, trademarks, logos, and code, including but not limited to the design, structure, selection, co-ordination, expression, “look and feel” and arrangement of the foregoing, (together “Content”) on the Site is proprietary and is owned, controlled and/or licensed by or to EASICloud, and is protected by all applicable laws and rights (including but not limited to) trade mark and copyright laws, various other intellectual property rights and laws and unfair competition laws. Except as permitted by these Terms of Use or otherwise by Canadian laws, no part of the Site and no Content may be reproduced, transmitted, copied, published, republished, mirrored, uploaded, posted, displayed, encoded, translated, transmitted or distributed in any form or by any means or stored in any retrieval system of any nature in any way without EASICloud’s consent. You may use information on EASICloud products and services from the Site provided that: you do not remove any proprietary notices, (ii) such is use is for personal, non-commercial purposes, (iii) you do not share or make accessible such information on any networked computer or broadcast of any sort, (iv) you make no modification to such information and (v) you do not make any claims, representations or warranties with respect to such information.
5. Monitoring.
EASICloud is under no obligation to monitor the Site and assumes no responsibility or liability should any content on the Site be modified or altered in any way without EASICloud's consent. However, you agree that EASICloud has the right, without notice or liability, to monitor use of the Site and monitor, review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Site by or about you or your use of the Site if EASICloud believes that such activity is necessary to provide access to the Site, ensure adherence to or enforce these Terms of Use or other EASICloud Terms of Use, policies or guidelines, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights, or protect itself or others. EASICloud reserves the right in its sole discretion to issue any response it considers appropriate if EASICloud becomes aware of any inappropriate use of the Site, including without limitation uses that may constitute infringement of intellectual property rights.
6. Product Descriptions.
EASICloud attempts to be as accurate as possible. However, EASICloud does not warrant that product descriptions or other content on this Site is accurate, complete, reliable, current or error-free.
7. Consent.
You acknowledge that you have read the EASICloud Privacy Statement (as it may be updated from time to time) (the "EASICloud Privacy Statement") and hereby consent to the collection, use and disclosure by EASICloud and its agents of your personal information (whether previously collected or to be collected) for the purposes more particularly identified in the EASICloud Privacy Statement.
8. Viruses.
EASICloud assumes no responsibility and shall not be liable for any damages by malicious programs including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property or any other damage to the same on account of your access to, use of or browsing in the Site or your downloading of any materials, data, text or images from the Site.
9. Right of Indemnification.
You agree to defend, indemnify and hold EASICloud, its suppliers, partners, affiliates and related companies harmless from and against any and all claims, liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms of Use by you, or in connection with your use of the Site or with the placement or transmission of any message or information on the Site by you.
10. Limitation of Liability.
Under no circumstances, including but not limited to one or more of the following: negligence, gross negligence, negligent misrepresentation or fundamental breach; shall EASICloud, its partners, suppliers, affiliates and each of their respective directors, officers, employees, consultants and agents be liable for any direct, indirect, incidental, special or consequential damages or any loss that results directly or indirectly from the use or the inability to use any content or information on the Site or the transmission of confidential or sensitive information over the internet. These limitations apply regardless of whether the party liable was advised, had reason to know or knew of the possibility of such damages. You acknowledge and agree that neither EASICloud nor its partners, suppliers, affiliates, nor each of their respective directors, officers, employees, consultants and agents shall be liable for any defamatory, offensive, unlawful or illegal conduct of any user including you.
11. Non-Waiver.
EASICloud’s failure or delay in insisting upon or enforcing the strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or rights.
12. Governing Laws.
By visiting the Site, you agree that these Terms of Use shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.
18. Miscellaneous.
These Terms of Use, including all other documents incorporated by reference herein, are binding and constitute an agreement between EASICloud and you with respect to your use of this Site. If any part of the Terms of Use is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof.