Terms and Conditions of Use (www.etaliq.com), Etaliq, Inc.
General
This Terms and Conditions of Use policy describes how Etaliq, Inc. manages personal information that is collected through the use of the Etaliq, Inc. website, including information related to the past use of Etaliq, Inc. products and services. This policy does not apply to the practices of companies that Etaliq, Inc. does not own or control, nor to individuals that Etaliq, Inc. does not employ or manage.
Etaliq, Inc. reserves the right to update this policy at any time without prior notice or liability.
Information gathering
Etaliq, Inc. only collects personal user information upon registration. Personal information is defined as information about the user that is personally identifiable such as a name, surname, address, e-mail address, or telephone number, password, and that is not otherwise publicly available.
Etaliq, Inc. also collects impersonal information of a statistical nature, such as download habits, site usage and the like. Etaliq, Inc. may also record information on server logs from your browser, including your IP address, Etaliq, Inc. cookie information, and the page you request.
Information Disclosure: Etaliq, Inc. does not rent, sell, share, trade, barter, or willfully transmit personal information about you with other people, companies, or organizations except to provide products or services you've requested, when we have your permission.
No warranty
Although Etaliq, Inc. may provide certain security measures in an effort to protect the electronic transmission of the information of its Site, Etaliq, Inc. does not guarantee the security of any information stored on, transmitted to or from the Site. Owing to the nature of Internet transmissions, and their inherent susceptibility to data corruption, interception, outside tampering, or any other accidental or unauthorized modification to the information provided, Etaliq, Inc. cannot make any warranty regarding the privacy of any personal information released to it.
Cookies
Etaliq, Inc. may set and access Etaliq, Inc. cookies on your computer.
It is essential that you read all the terms and conditions thoroughly.
By accessing and using the Etaliq, Inc. website (henceforth, “Site”) you indicate your acceptance to be bound by the Terms and Conditions of Use set forth below. If you do not completely accept these terms and conditions, you must not access or use the Site in any way. Furthermore, if you are in conflict or disagreement with any of the terms, conditions, or policies of the Site, whether expressed or implied, your sole and exclusive remedy is to discontinue use of the Site.
Changes to this Site or the terms of use
Etaliq, Inc. reserves the right, at any time, and without prior notice or warning, to add to, remove, modify or otherwise alter any part of the Terms and Conditions of Use, including the Etaliq, Inc. Privacy Policy, in whole or in part. Such changes will be effective immediately upon uploading to the Site. Your continued use of this Site or downloading or use of materials from it after any such changes are posted will be considered acceptance of the Terms and Conditions of Use as changed, irrespective of the continued use of cached web pages on the user's personal computer.
Etaliq, Inc. reserves the sole and unfettered right to modify any aspect of this Site, including the availability of any information or features, at any time without notice or liability. Etaliq, Inc. may also add, remove, modify or otherwise change any content, user information, including that of third parties, on or from this Site. Etaliq, Inc. may also restrict the access of any party or entity to parts or all of this Site without notice or liability.
Limited license and copyright
This Site, in all constitutive aspects of form and content, including but not limited to text, articles, artistic design elements, art concepts, graphics, logos, drawings, photographs, trademarks, software, and the selection and arrangement thereof, is the exclusive property of Etaliq, Inc. and protected by Canadian and foreign copyright laws and treaty provisions.
Users of the Site are granted a non-exclusive, non-transferable, non-assignable and revocable license authorizing the download of Site content and information for personal use on a personal computing device.
Additionally, users are authorized to electronically copy or print hard copy of any document made available by Etaliq, Inc. on the Site solely for internal and personal reference. As a condition of this authorization, you agree that all such copies shall retain all original copyright and other proprietary notices contained therein. Any other use of Site content provided by Etaliq, Inc. without prior written approval from Etaliq, Inc. is strictly prohibited. Etaliq, Inc. does not grant any express or implied right or license to you under any intellectual property right of Etaliq, Inc. or any third party including under any patent, trademark, copyright, trade secret, or confidential or proprietary information of Etaliq, Inc. or such third party.
Trade-marks
The company names and logos of Etaliq, Inc. used on this Site may be trade-marks, including registered or unregistered trade-marks of Etaliq, Inc. Such company names and logos of Etaliq, Inc. may not be copied, imitated or used, in whole or in part, without the prior written authorization of Etaliq, Inc. Other company names and logos mentioned or appearing on this Site or in documents available through this Site may be the trade-marks of their respective owners, the use of which may require their prior written consent.
Security
Although Etaliq, Inc. may provide certain security measures in an effort to protect the electronic transmission of the information and contents of its Site, Etaliq, Inc. does not guarantee the security of any information transmitted to or from this Site. Owing to the nature of Internet transmissions, and their inherent susceptibility to data corruption, interception, outside tampering, or any other accidental or unauthorized modification to the information provided, Etaliq, Inc. cannot make any guarantee regarding the fitness, veracity or safety of the information provided. You use the information on the Site entirely at your own risk.
E-mail communications
All e-mail communications are subject to the risk of data corruption, unauthorized third party interception and other transmission errors. Etaliq, Inc. makes no warranty as to the accuracy or completeness of any information contained in its e-mail communications and hereby excludes any liability of any kind for the information contained herein or for the transmission, reception, storage or use of such information in any way whatsoever.
Unless otherwise specifically stated no legally binding commitments are created by e-mail communications from Etaliq, Inc. E-mail communications from Etaliq, Inc. are each intended only for the named recipient(s) and may contain information that is privileged, confidential and/or exempt from disclosure under applicable law. If you have received an e-mail from Etaliq, Inc. in error, or are not named as a recipient thereon, you must not copy this e-mail or disclose any information contained therein. Please immediately notify the sender and destroy all copies of such e-mail. Any opinions expressed in such e-mail are those of the author and do not necessarily reflect the opinions of Etaliq, Inc.
Submitted materials
All materials that you post on or otherwise submit to the Site shall not be confidential information nor trade secrets owned by you or any other party. You will receive no compensation for any use of your submitted materials. Furthermore, submitted material in no way obliges Etaliq, Inc. to display or post such materials. Etaliq, Inc. may remove or terminate any submitted materials from the Site for any reason without notice in its sole discretion. By posting or submitting materials, you represent and warrant that you own or otherwise control all of the Intellectual Property Rights and other rights to the materials in question.
Additionally, by submitting materials that may contain images, photographs, pictures, videos, audio files, software, code, feeds, or webcasts or that are otherwise material in whole or in part, you grant to Etaliq, Inc. and all other users of this Site permission to use your material in connection with their use permitted by these Terms and Conditions of Use, including an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate, transmit and reformat your material, with or without having your name attached to such Images, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution. You will receive no compensation with respect to the use of your materials.
You are solely and entirely responsible for all of your materials that you post or otherwise submit through the Site. You assume all risks and liabilities associated with the use of your materials including any reliance on the accuracy, completeness or usefulness of your materials. Etaliq, Inc. does not guarantee the accuracy, integrity or quality of your materials.
For all of your materials that you post or otherwise submit to the Site, you grant Etaliq, Inc. and the users of the Site an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license under all Intellectual Property Rights to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute such materials, with or without having your name attached to such materials, in any manner or form and for any purpose, with full rights to sublicense such rights through multiple tiers of distribution, and you also acknowledge and agree that Etaliq, Inc. is free to use any ideas, concepts, know-how or techniques that you provide for any purpose without any compensation to you. You acknowledge and agree that Etaliq, Inc. shall not be liable for any failure to archive or store your materials on the Site at any time or storage location.
Links and third party content
As a convenience to the user, this Site may contain links to third-party websites by means of Internet addresses, hyperlinks, or URLs which accordingly contain or lead to information owned by other parties. Etaliq, Inc. does not endorse, sponsor, recommend, approve, certify or exercise control over such third parties, the linked third party sources or any content, services or products available on or through such third party sources. Therefore, Etaliq, Inc. is NOT responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party websites.
You agree that Etaliq, Inc. shall not have any liability whatsoever to you for any such linked third party sources or any content, services or products available on or through such third party sources.
If you choose to access any linked third-party website, URL, materials, software, code, goods or services, you do so entirely at your own risk. Accordingly and consequently, you hereby release Etaliq, Inc. and its officers, employees, successors and assigns from any and all damages you may sustain or incur as a result.
You agree not to initiate, nor authorize any third party to initiate, a claim of any kind against Etaliq, Inc.
Disclaimer of warranties
The Site and all content associated within it are provided as is. By accessing and using the Site, you hereby agree acknowledge that your use of the Site or your use on behalf of any entity other than yourself is entirely at your own risk. Etaliq, Inc. makes no warranty of any kind regarding the Site or its contents.
Limitation of liability
In no event or under any circumstance or condition shall Etaliq, Inc. be liable to you or any third party for any direct, indirect, consequential, exemplary, special, incidental or punitive damages, including—without limitation—any loss of revenue, failure to realize expected savings, loss of information, programs or data, loss of goodwill or interruption of activities, whether related to your use or inability to use the Site or the information or materials obtained through this Site or related to these Terms and Conditions, even if Etaliq, Inc. had been advised of the possibility of such damages.
Indemnity
You agree to indemnify, defend and hold harmless Etaliq, Inc., its successors and assigns, directors, officers, employees and agents of each of them with respect to any claim, demand, loss, cause of action, debt or liability, including all legal and consultant's fees resulting from any actions and communications undertaken or transmitted in the course of your usage of this Site or the Site information or materials or your breach of these Terms and Conditions.
Online commerce
The Site may allow you to purchase different types of products and services online that are provided by Etaliq, Inc. When ordering goods or services on the Site, you agree to provide complete and accurate personal information when requested.
Your receipt of any electronic form of order confirmation does not signify Etaliq, Inc.'s acceptance of your order, nor does it constitute confirmation of our intent to sell any good or service to you. Your request for goods or services shall be deemed to constitute an offer to purchase only upon shipment or transmission of the goods or services. Etaliq, Inc., in its sole and unfettered discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of the goods and services is subject to change without prior notice and are subject to availability. The sale of which is void where prohibited by law. In the event that the Goods and Services may be listed at an inaccurate price, due to a typographical error or an error in pricing information, Etaliq, Inc., in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
Choice of law
These Terms and Conditions of Use have been made and performed exclusively in the province of Ontario and are consequently governed by and interpreted under the laws of Ontario and the laws of Canada applicable thereupon, without giving effect to any conflicts of laws, treaties, bills, or ordinances. You agree to the exclusive jurisdiction of the courts of the District of Ottawa, Province of Ontario, Canada for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against Etaliq, Inc. (or any officer, director or employee thereof) in any other jurisdiction.
General
Etaliq, Inc.'s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions of Use shall not be construed or considered as a waiver of any provision or right. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.
