Terms & Conditions
3. Termination of Service
4. Linked Sites
We, whether or not affiliated with sites which may be linked to our Site, are not responsible for their content (the “Linked Sites”). The Linked Sites are for your convenience only and you access them at your own risk.
5. Restrictions and Conditions of Use
5.1 Use of Site and Service
- We permit you to view and use a single copy of the Site.
- You agree not to license, create derivative works from, transfer, sell or re-sell any information, content, resources, materials, or services accessed from the Site and/or the Service.
- You agree to register only a single account on the Site. Multiple accounts per user are not permitted.
- You will only use this website to access informational resources relating to our Services and/or login and access the EZOPSTM Software available through our Site, if authorized.
- If your account shows any sign of fraud or abuse, we may at our sole discretion terminate your account and permanently restrict your usage of this Site and Service in the future.
5.2 No Violation of Laws
You agree that you will not, in connection with your use of the Site or the Service, violate any applicable law, rule or regulation. Without limiting the foregoing, you agree that you will not make available through the Site and/or the Service any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity).
5.3 Misuse of Site and/or Service
- post to the Site any personal information or unsolicited promotional content;
- institute, assist, or become involved in any type of attack, including without limitation denial of service attacks, upon the Site and/or the Service or otherwise attempt to disrupt the Site and/or the Service or any other person's use of the Site and/or the Service;
- attempt to gain unauthorized access to the Site, the Service, accounts registered to other users, or the computer systems or networks connected to the Site and/or the Service; or
- use the Site or the Service to develop, generate, transmit, publish, display or store any information or content that is: (i) defamatory, harmful, abusive, obscene, hateful, false or misleading; (ii) in any way obstructs or otherwise interferes with the normal performance of another person's use of the Site and/or the Service; (iii) performs any unsolicited commercial communication not permitted by applicable law; (iv) constitutes harassment or a violation of privacy or threatens other people or groups of people; (v) is harmful to children in any manner; or (vi) constitutes phishing, pharming or impersonates any other person, or steals or assumes any person's identity (whether a real identity or online nickname or alias).
5.4 No Data Mining or Harmful Code
You agree that you will not:
- obtain or attempt to obtain any information from the Site and/or the Service, including without limitation information about other users, using any method not expressly permitted by the Site;
- intercept, examine or otherwise observe any proprietary communications protocol used by the Site and/or the Service, whether through the use of a network analyzer, packet sniffer or other device; or
- use any type of bot, spider, virus, clock, timer, counter, worm, software lock, drop dead device, Trojan-horse routing, trap door, time bomb or any other codes, instructions or third-party software that is designed to provide a means of surreptitious or unauthorized access to, or distort, delete, damage or disassemble the Site or the Service.
The Site and the Service are controlled and operated by us in Canada. We make no representation that materials on the Site or the Service are appropriate or available for use in other locations, and access to the Site and the Service from jurisdictions where the contents thereof are illegal is not authorized. Those who choose to access the Site and/or the Service from locations outside Canada do so on their own initiative and are responsible for compliance with all applicable local laws.
8. Intellectual Property
Your use of the Site and the Service in no way creates any proprietary interest therein, and all right, title and interest in and to the Site, the Service, our registered and unregistered trademarks, and copyrights, with the exception of open source and third-party owned resources, including but not limited to, source code, text, illustrations, designs, icons, audio and video clips, documents, products, and software (collectively referred to as “Materials”), are expressly reserved to us. By submitting information to the Site and/or the Service including, but not limited to, written content, you grant us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, adapt, distribute, display or otherwise exploit such information.
The Site and Materials are protected by Canadian, U.S. and international copyright laws. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of the Site and Materials or individual sections of the content, design or layout of the Site and Materials without our express prior written permission.
The Site and the Service are not directed toward children or persons under the age of 18 nor do we knowingly collect information from children or persons under the age of 18. If you are under 18, please do not submit any personally identifiable information to the Site.
10. Disclaimer of Warranties
THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITE AND/OR SERVICE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE, THE SERVICE AND/OR THE CONTENT AVAILABLE ON THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE, OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES, OFFICERS, DIRECTORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE AND/OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Governing Law and Dispute Resolution
13.2 You agree to have any claim or dispute resolved through arbitration by a single arbitrator in accordance with the provisions of the Alberta Arbitration Act whose decision shall be final and binding. Arbitration hearings shall be held in Edmonton, Alberta, Canada. The language to be used in the arbitration proceeding shall be English, and you and we shall each pay our own costs associated with arbitration.
13.3 Nothing in Section 13 shall prevent either you or us from applying to a court of competent jurisdiction in the Province of Alberta, Canada for interim protection such as, by way of example, an interim injunction. A request for interim protection shall not be deemed a waiver of the right to arbitrate.
13.4 Notwithstanding anything herein, claims of infringement or misappropriation of our intellectual property rights, including patent, copyright, trademark, or trade secret, shall not be subject to this arbitration provision. You consent to the jurisdiction of the federal and provincial courts located in Alberta to hear any such claims.
14.2 No Partnership
14.6 Attorneys’ Fees
14.7 No Waiver
14.8 Equitable Remedies
14.9 Entire Agreement