TERMS & CONDITIONS
Terms of service
PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws.
If you do not agree to these terms you may not use this Site or the E-3 Solutions Web & Mobile Web Sites, Product or Services.
The E-3 Solutions Web & Mobile Web Sites, Products and Services collectively, the "Product" are owned and operated by 411 MultiMedia Inc., and is comprised of various Web sites and Web pages, Products and Services.
The E-3 Solutions Web & Mobile Web Sites, Products and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Product constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Product included within the E-3 Solutions Web & Mobile Web Sites network may also be subject to additional terms outlined elsewhere on that web site (the "Additional Terms").
Additionally, the Product may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Product, then these terms shall control.
E-3 Solutions Web & Mobile reserves the right to revise these terms and conditions at any time and users are deemed to be apprised of and bound by any changes to these terms and conditions by virtue of using the Site. You are responsible for regularly reviewing these terms and conditions.
- Limitations on Use
Your use of the web sites, products and/or services (collectively the "Product") are subject to all applicable local, state, provincial, federal and international laws and regulations. You agree the data accessed through the Product will be distributed consistent with any confidentiality or other agreements by which you are bound. You agree to use the Product and any associated data in accordance with such operational, privacy and other specifications, rules and policies as established by E-3 Solutions Web & Mobile from time to time.
- DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, E-3 Solutions Web & Mobile PROVIDES THE PRODUCT, INCLUDING THE DATA GENERATED BY THE PRODUCT, ON AN "AS IS, AS AVAILABLE AND WITH ALL FAULTS" BASIS, AND MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE PRODUCT, SUCH DATA, OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING.
- E-3 Solutions Web & Mobile DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN.
4.E-3 Solutions Web & Mobile WILL NOT BE LIABLE FOR ANY DAMAGE, HARM OR LOSS TO ANY PERSON OR PERSONS, DAMAGE OR LOSS TO ANY PROPERTY, LOST PROFITS, LOSS OF BUSINESS OR DATA, INTERRUPTION OF BUSINESS OR THE PRODUCT, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES.
- E-3 Solutions Web & Mobile WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR DISSEMINATING AND/OR INABILITY TO ACCESS THE PRODUCT OR ANY DATA, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE PRODUCT.
E-3 Solutions Web & Mobile MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR THAT THE DATA OBTAINED FROM THE PRODUCT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
E-3 Solutions Web & Mobile'S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE FEES PAID WITHIN THE PRECEEDING 12 MONTH PERIOD BY YOU FOR THE PARTICULAR PRODUCT INVOLVED.
No agent or representative has the authority to create any warranty regarding the Product on behalf of E-3 Solutions Web & Mobile. E-3 Solutions Web & Mobile reserves the right to change or discontinue at any time any aspect or feature of the Product. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- Indemnity
You agree to indemnify and hold harmless E-3 Solutions Web & Mobile, its subsidiaries, affiliates, officers, directors, employees, suppliers, contractors, sub contractors, cell phone or telecomm carriers and providers, and agents from any claim, demand, loss or expense, including reasonable attorneys' fees, resulting or arising from any action or cause of action howsoever caused. This includes: your breach of this Agreement; any action taken or permitted by you which disrupts, degrades or damages the Product or related data; your infringement of any intellectual property right of E-3 Solutions Web & Mobile or any other person or entity; any activity related to your account (including any negligent or wrongful conduct) by you or any other person accessing or using the Product; any User Materials; or your actual or alleged breach of any federal, state, local or foreign law, or regulation.
Delivery of SMS, emails and any and all other means of communication and messages is made on a "best effort" bases. All such content is regarded as informational and not life saving in nature. Deliveries of such messages might be subject to delay or failure.
- Links to Third Party Sites
You acknowledge the Site and Product may be linked to other websites, which are not under the control of or maintained by E-3 Solutions Web & Mobile. E-3 Solutions Web & Mobile is not responsible for the content of those sites. E-3 Solutions Web & Mobile provides such links only as a convenience, and the inclusion of a link to any site does not imply an endorsement of the site by E-3 Solutions Web & Mobile. To the extent you add links from the User Materials, or otherwise to other websites, you are solely responsible for such links and E-3 Solutions Web & Mobile shall have no responsibility whatsoever for such links.
- Software Available on Site
Any software that is made available to download from the Site is the copyrighted work of E-3 Solutions Web & Mobile and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, E-3 Solutions Web & Mobile hereby grants to you a personal, non-transferable, non-sublicensable, limited license to use the software for viewing and other purposes within the scope of use of such software anticipated by E-3 Solutions Web & Mobile in accordance with these terms and conditions, and for no other purpose, which license is subject to these Terms of Use including termination by E-3 Solutions Web & Mobile at any time. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.
- Copyright
Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of E-3 Solutions Web & Mobile. No copies may be distributed to others, whether or not for a charge or other consideration, without prior written permission from E-3 Solutions Web & Mobile or the copyright owner of the copied material.
- General
If any portion of this Agreement is found to be unlawful, void or unenforceable for any reason whatsoever, the unenforceable provision may be severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. You agree to pay all reasonable attorneys' fees and other costs incurred by E-3 Solutions Web & Mobile to enforce any of the terms and conditions of this Agreement. This Agreement shall be governed and construed in accordance with the laws of the Province of Quebec, Canada. You agree that any legal action or proceeding between you and E-3 Solutions Web & Mobile for any purpose concerning this Agreement or the parties' obligations hereunder will be brought exclusively in a Federal or Provincial court of competent jurisdiction sitting in the Province of Quebec, Canada.
- Privacy
To understand our privacy practices, please review our privacy policy that also governs your visit to our Site and use of the Products and Services. A complete statement of our privacy policy can be found at: www.e-3.ca/privacy.html.
- Notices
All notices can be sent to:
E-3 Solutions Web & Mobile
50 St-Charles PO Box 26724
Beaconsfield, Quebec
Canada H9W 6G7
Revised March 7, 2010
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