TERMS AND CONDITIONS
OF USE
Last revision
date: March 8, 2002
1. ACCEPTANCE
OF TERMS
Welcome to
www.e-sonic.com. Subject to the following Terms and Conditions
of Use (the "Terms of Use"), we provide you with access
to services including, but not limited to, the Website at www.e-sonic.com
and access to all links and services from www.e-sonic.com
(together the "Service"). By using the Service you agree
to the Terms of Use listed herein, which may be updated from time
to time. If you do not agree to these Terms of Use you should
immediately discontinue your use of www.e-sonic.com.
You agree to periodically review the most current version of these
Terms of Use and your continued use of the Service shall be deemed
your conclusive acceptance of the updated Terms of Use. You understand
that all information, content and software or other materials
(collectively, the "Content"), may be used solely under
these Terms of Use.
2. ELECTRO
SONIC PRIVACY POLICY
We recognize
the importance of your privacy. In addition to these Terms of
Use, your continued use of the Service is also subject to our
Privacy Policy. For more information, please refer to our full
Privacy Policy.
3. EQUIPMENT
You shall
be responsible for obtaining and maintaining all telecommunications,
computer hardware and software and other equipment needed for
access to and use of www.e-sonic.com
and all charges related thereto.
4. LIMITATIONS
ON USE
The Content
on www.e-sonic.com is to
be used only in accordance with the uses set out in this Terms
of Use or granted to you in our Copyright
Notice. You may not decompile, reverse engineer, disassemble,
rent, lease, loan, sell, sublicense, or create derivative works
from www.e-sonic.com or the
Content. Nor may you use any network monitoring or discovery software
to determine the site architecture, or extract information about
usage, individual identities or users. You may not use any robot,
spider, other automatic software or device, or manual process
to monitor or copy www.e-sonic.com
or the Content without Electro Sonic's prior written permission.
You may not copy, modify, reproduce, republish, distribute, display,
or transmit for commercial, non-profit or public purposes all
or any portion of www.e-sonic.com
except to the extent permitted above. You may not use or otherwise
export or re-export www.e-sonic.com or any portion thereof, the
Content or any software available on or through www.e-sonic.com
in violation of the export control laws and regulations of Canada.
Any unauthorized use of www.e-sonic.com
or its Content is prohibited.
5. MONITORING
You acknowledge
and agree that we have no obligation to monitor www.e-sonic.com
or the Service. However, you agree that we have the right to monitor
the Service and www.e-sonic.com from time to time and may preserve
Content and may also disclose Content if required to do so by
law or in the good faith believe that such preservation or disclosure
is reasonably necessary to: (a) comply with legal process; (b)
enforce these Terms of Use; (c) respond to claims that any Content
violates the rights of third parties; or (d) protect the rights,
property, or safety of www.e-sonic.com,
its users and the public.
We and our
designees shall have the right to remove any Content that violates
the Terms of Use or is otherwise objectionable.
6. INDEMNITY
You agree
to indemnify, defend and hold harmless Electro Sonic Inc, its
officers, directors, employees, agents, licensors, suppliers and
any third party information providers to www.e-sonic.com from
and against all losses, expenses, damages and costs, including
reasonable legal fees, resulting from any violation of these Terms
of Use by you.
7. NO RESALE
OF SERVICE
You agree
not to reproduce, duplicate, copy, sell, resell or exploit for
any unauthorized commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
8. GENERAL
PRACTICES REGARDING USE AND STORAGE
You acknowledge
that we may establish general practices and limits concerning
use of the Service. You agree that we have no responsibility or
liability for the deletion or failure to store any communications
or other Content maintained or transmitted by the Service. You
acknowledge that we reserve the right to change these general
practices and limits at any time, in our sole and absolute discretion,
with or without notice.
9. MODIFICATIONS
TO SERVICE
We reserve
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that we shall not be liable
to you or to any third party for any modification, suspension
or discontinuance of the Service.
10. TERMINATION
You agree
that we, in our sole and absolute discretion, may terminate your
use of the Service, and remove and discard any Content within
the Service, for any reason, including if we believe that you
have violated or acted inconsistently with the letter or spirit
of the Terms of Use. We may also in our sole and absolute 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 may be affected
without prior notice. Further, you agree that we shall not be
liable to you or any third party for any termination of your access
to the Service.
11. ELECTRO
SONIC INC'S INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge
and agree that, except as expressly provided in these Terms of
Use, nothing contained herein shall be construed as conferring
any license or right, by implication, estoppel or otherwise, under
copyright or other intellectual property rights. You agree that
the Content and www.e-sonic.com
are protected by copyrights, trademarks, service marks, patents
or other proprietary rights and laws. For further information
see our Copyright Notice.
You are hereby
advised that we, Electro Sonic Inc. and/or our respective affiliates,
co-branders, partners and related companies will aggressively
enforce our intellectual property rights to the fullest extent
permitted by law.
12. GRANT
OF LIMITED LICENCE
As a user
of www.e-sonic.com you are
granted a non-exclusive, non-transferable, revocable, limited
license to access and use www.e-sonic.com
and the content in accordance with the Terms of Use or the Copyright
Notice. Electro Sonic Inc. may terminate this license at any
time for any reason.
13. DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT:
(a) YOUR USE
OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON
AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANY WARRANTIES
RESPECTING GOODS PURCHASED THROUGH THE SERVICE SHALL BE LIMITED
TO THE WARRANTIES, IF ANY, OF THE RESPECTIVE MANUFACTURERS OF
SUCH GOODS.
(b) WE MAKE
NO 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, AND (v)
ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
WWW.E-SONIC.COM OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS OF USE.
14. LIMITATION
OF LIABILITY
YOU EXPRESSLY
UNDERSTAND AND AGREE THAT WE SHALL NOT 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 ELECTRO SONIC INC.
HAS 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 AND SERVICES RESULTING
FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED
OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM
THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE. ELECTRO SONIC INC'S SOLE LIABILITY FOR DEFECTIVE GOODS
PURCHASED THROUGH THE SERVICE IS TO REFUND THE BUYER'S COST UPON
RETURN OF THE GOODS TO ELECTRO SONIC INC. TO THE EXTENT THE FOREGOING
LIMITATION OF LIABILITY IS PROHIBITED, ELECTRO SONIC INC'S SOLE
OBLIGATION TO YOU FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID
BY YOU TO ELECTRO SONIC INC. FOR THE PRODUCT OR SERVICE GIVING
RISE TO THE CLAIM.
15. THIRD
PARTY CONTENT
Third party
content is available on www.e-sonic.com
and accessible via links from www.e-sonic.com
shall not be responsible for and assume no liability for any infringement,
mistakes, misstatements of law, defamation, slander, libel, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content contained
in any third party content appearing on www.e-sonic.com.
You understand that the information and opinions in the third
party content is neither endorsed by nor does it reflect the belief
of www.e-sonic.com, its parent,
affiliates, directors, officers or employees.
Under no circumstances
will we be liable for any loss or damage caused by your reliance
on information obtained through www.e-sonic.com.
It is your responsibility to evaluate the accuracy, completeness
or usefulness of any information, opinion, advice or other content
available through www.e-sonic.com.
Please seek the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice or
other content.
16. NO
ENDORSEMENT
www.e-sonic.com
may contain links to other sites. These links are provided as
references to help you identify and locate other Internet resources
that may be of interest. These other sites were independently
developed by parties other than us, and we do not assume responsibility
for the accuracy or appropriateness of the information contained
at such sites. In providing links to other sites, we are in no
way acting as a publisher or disseminator of the material contained
on those other sites and do not seek to control the content of,
or maintain any type of editorial control over, such sites.
Unless otherwise
specified, a link to another site should not be construed to mean
we are affiliated or associated with, or legally authorized to
use any trademark, trade name, logo or copyrighted symbol that
may be reflected in the link or the description of the link to
such other sites.
The mention
of another party or its product or service on www.e-sonic.com
should not be construed as an endorsement of that party or it
product or service.
17. PERSONALLY
IDENTIFYING INFORMATION
Certain sections
of www.e-sonic.com require you to provide to Electro Sonic Inc.
personally identifying information ("Personal Information").
The Collection, use and disclosure of Personal Information by
Electro Sonic Inc. is governed by our Privacy
Policy. If Personal Information is requested, you agree to
provide us with accurate and complete Personal Information, as
may be requested. It is your responsibility to inform us of any
changes to your Personal Information. Users who have signed and
been approved for an application for credit will be issued a password
and User ID to access the applicable Service. You are responsible
for all charges against your password. If the password is lost
or stolen, you must notify Electro Sonic Inc. in writing ("Notice").
Upon receipt of the Notice, Electro Sonic Inc. will, as soon as
is reasonably possible under the circumstances, cancel the lost
or stolen password. You will be responsible for all charges against
the password prior to its cancellation by Electro Sonic Inc. We
do not permit anyone other than you to use the sections requiring
registration by using your name or password. You are responsible
for preventing such unauthorized use. If you believe there has
been unauthorized use, you must notify us immediately by emailing
webmaster@e-sonic.com.
18. ADDITIONAL
TERMS GOVERNING THE SALE OF PRODUCTS OR SERVICES
Any purchase
of goods or services using the Service is governed by the Terms
and Conditions of Sale ("Terms
of Sale") posted on www.e-sonic.com.
Your completion of an order for goods or services constitutes
your acceptance of the Terms of Sale.
If you do not agree to the Terms of
Sale or any other supplemental terms as may be provided from
time to time in the Terms of Use listed herein you are not permitted
access to the Services offered by Electro Sonic Inc. on this Website.
19. LINKING
TO WWW.E-SONIC.COM
You may provide
links only to the homepage of www.e-sonic.com,
provided: (a) you do not remove or obscure, by framing or otherwise,
any portion of the homepage, including any third party logos or
banners, the Terms of Use, the Copyright
Notice, Terms of Sale, Privacy
Policy or other notices on www.e-sonic.com;
(b) you give us notice of such link by sending an e-mail to webmaster@e-sonic.com
and, (c) you discontinue providing links to www.e-sonic.com if
requested by us. If you wish to provide links to a section within
www.e-sonic.com, you should
forward your request to us at webmaster@e-sonic.com
and we will notify you if permission is granted, and if so the
terms and conditions of the permission.
20. UNLAWFUL
ACTIVITY
Electro Sonic
Inc. reserves the right to investigate complaints or reported
violations of our Terms of Use, Copyright
Notice, Privacy Policy, Terms
of Sale or any other notices posted on www.e-sonic.com
and to take any action we deem appropriate including but not limited
to reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing any
information necessary or appropriate to such persons or entities
relating to user profiles, e-mail addresses, usage history, posted
materials, IP addresses and traffic information.
21. REMEDIES
FOR VIOLATIONS
Electro Sonic
Inc. reserves the right to seek all remedies available at law
and in equity for violations of the Terms of Use, Copyright
Notice, Privacy Policy, Terms
of Sale or any other notices posted on www.e-sonic.com,
including but not limited to the right to block access from a
particular Internet address, User ID or password to www.e-sonic.com
and any other affiliated Websites.
22. GENERAL
www.e-sonic.com
and the Service originate in Canada.
Any disputes
arising in relation to the Service (including, without limitation,
the Terms of Use) shall be governed by and construed in accordance
with the laws of the Province of Ontario, Canada, excluding its
conflict of law provisions.
You agree
to submit to the exclusive jurisdiction of the courts of the Province
of Ontario, Canada.
If any provision(s) of this Terms of Use is held by a court of
competent jurisdiction to be contrary to law, then such provision(s)
shall be construed, as nearly as possible, to reflect the intentions
of the parties with the other provisions remaining in full force
and effect.
Failure by
us to exercise or enforce any right or provision of the Terms
of Use shall not constitute a waiver of such right or provision
unless acknowledged and agreed to by us in writing.
You agree
that any cause of action arising out of or related to your use
of the Service must commence within one (1) year after the cause
of action arose.
The section
titles in the Terms of Use are solely used for the convenience
of the parties and have no legal or contractual significance.
The Terms
of Use and any other terms and conditions, rules, policies, agreements,
or guidelines posted on www.e-sonic.com by us and the terms of
any Customer Agreement entered into by you, if any, constitute
the entire agreement between you and Electro Sonic Inc. with respect
to the subject matter hereof.
23. VIOLATIONS
You agree
to report any violations of these Terms of Use as soon as you
become aware of such violations to us at webmaster@e-sonic.com.
Top
of Page