1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
Through the EchoOne service, we currently provide users with access to a collection of resources, including, reference tables, conference papers, white papers, technical documents, test reports, searchable databases, product specifications, and graph plotting tools (the "Service"). Unless explicitly stated otherwise, any new features that enhance or supplement the Service are subject to the Terms. You acknowledge that some of the reference tables, conference papers, white papers, technical documents, test reports and other materials that we make available to you through the Service (the “Contents”) are owned by third-parties (our “Licensors”) and that we make that portion of the Contents that is owned by our Licensors available to you with the permission of our Licensors.
3. YOUR USE OF THE SERVICE
You are authorized to use the Service to download, reproduce, publish and distribute the Contents in any form and media, provided that the Contents are not modified or edited by you and are published or distributed in their entirety. Furthermore, you are authorized to the use the graph plotting tools made available to you as part of the Service (the “Graphing Tools”) to generate your own graphs, which graphs may be downloaded, reproduced, published and distributed by you in any form and media. To the extent that the functionality exists, you may also upload your own information to the EchoOne site for the purpose of generating such graphs using the Graphing Tools.
4. 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 Content presented to you through the Service is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by us or our Licensors, 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.
5. TRADEMARK INFORMATION
You agree that all of our trademarks, trade names, service marks and other logos and brand features, and product and service names, including EchoOne, are trademarks and the property of Pliteq Inc. (the “Pliteq Marks”). Without our prior permission, you agree not to display or use in any manner the Pliteq Marks.
6. YOUR REGISTRATION OBLIGATIONS; PASSWORD
In consideration of your use of the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as requested by us or prompted by the Service's registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. During your registration you will select a password. You understand and agree that you are solely responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur in connection with the Service through use of your password. You agree not to disclose your password to anyone or permit anyone to access the Service using your account or password. You also agree that you will not access the Service using any account or password other than your own.
Neither we nor our Licensors assume any responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the Contents. While we strive to keep the information on this site accurate, complete, and up-to-date, we and our Licensors cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the Contents.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NEITHER WE NOR OUR LICENSORS MAKE ANY WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SOFTWARE USED TO PROVIDE THE SERVICE WILL BE CORRECTED.
8. LIMITATION OF LIABILITY
YOU AGREE THAT NEITHER WE NOR OUR LICENSORS WILL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM YOUR USE OF THE SERVICE OR RELIANCE ON THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to indemnify and hold us harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of information or material that you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms, or your violation of any rights of any third-party.
Service and software embodied within the Service may include security components or other features that
permit digital materials to be protected and that permit your use of the Service to be monitored, including,
without limitation, the frequency with which you access the Service, the Content accessed by you and the
materials that you upload for use with the Graphing Tools. This information may be used by us to modify
or enhance the Service.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, or otherwise exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service except as permitted under Section 3 of these Terms. For certainty, you will not rent access to, or otherwise offer anyone else an opportunity to use, the Service using your account or password.
You agree that we, in our sole discretion, may terminate your ability to access the Service or any part thereof for any reason whatsoever. We may also, in our sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You acknowledge and agree that any termination of your access to the Service under any provision of these Terms may be effected without prior notice and that we may immediately deactivate or delete your account or bar any further access to the Service. Further, you agree that we are not liable to you or any third-party for termination of your account, or termination of your access to the Service.
13. GENERAL INFORMATION
Entire Agreement. The Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements, oral or written, between you and us with respect to the Service.
Choice of Law and Forum. The Terms and the relationship between you and us shall be governed by the laws of the province of Ontario and Canada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Ontario, Canada.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree with us that the court should endeavour to give effect to our intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Statute of Limitations. 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 related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Further Assurances. You agree to use reasonable efforts to do, make, execute, deliver, or cause to be done, made, executed, or delivered, all such further acts, documents, and things as we may reasonably require from time to time for the purpose of giving effect to these Terms, including regularly reviewing the Terms and updating your Registration Data.
Language. The parties hereto have agreed that these Terms and any of its accessories, including notice, be written in the English language. Les parties aux présentes ont exigé que ce contrat et ses accessoires, y compris tout avis, soient rédigés en anglais.