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Terms of Use

Eclipse Automation Inc. (“Eclipse”) maintains a web site currently located at www.eclipseautomation.com (the “Site”) which provides articles, publications, information, data and other materials (the “Content”). The Site is provided to you subject to your compliance with these terms and conditions of use (“Terms and Conditions”). By accessing or using the Site you agree to be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, please do not access or use the Site.

Modifications to the Terms and Conditions

Eclipse reserves the right to change these Terms and Conditions at any time and your continued access to or use of the Site after such changes indicates your acceptance of these Terms and Conditions as modified. It is your responsibility to review these Terms and Conditions regularly.

Legal or Contractual Relationship Not Created

Except for these Terms and Conditions, your use of or access to the Site does not create a legal or contractual relationship with Eclipse. Your use of the Site may facilitate access to or communications with representatives or employees of Eclipse by way of email transmissions or otherwise via the Site. Receipt of any such communications or transmissions by any representative or employee of Eclipse does not create a legal or contractual relationship with Eclipse.

Purpose of Site

The Site and Content is for informational purposes only.  The Site and Content is not a comprehensive or detailed statement concerning the matters addressed, or an offer to sell any product, solution or service, or an offer of employment.  The Content is current as of its original date of publication, but should not be relied upon as accurate, reliable, complete, current, timely or fit for any particular purpose. You are advised to seek further information by contacting representatives or employees of Eclipse in relation to your specific purposes, and it is your responsibility to obtain appropriate and qualified professional advice before acting or omitting to act based upon any information obtained on or through the Site.  The Site may not be used to engage in transactions, to place orders, to buy any products, or to give instructions to Eclipse or any other person regarding any matter.

Personal Information Privacy

Eclipse may in its discretion monitor your use of the Site.  Eclipse collects, uses, discloses, and retains personal information in accordance with its Privacy Policy, which is available on the Site.   Eclipse may in its discretion change the Privacy Policy from time to time without any notice or liability to you or any other person by making an amended Privacy Policy accessible through the Site.  Each time you use the Site, you consent to the collection, use, disclosure, and retention of your personal information by Eclipse in accordance with the Privacy Policy as it then reads without any further notice or liability to you or any other person.

Viruses

The downloading of Content is done at your own risk. Eclipse cannot and does not guarantee or warrant that the Site or the Content are compatible with your computer systems or that the Site or the Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and you are responsible for the entire cost of any service, repairs or connections of and to your computer system which may be necessary as a result of your use of the Site.

Disclaimer and Limitation of Liability

THE SITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE SITE OR THE CONTENT IS AT YOUR OWN RISK. ECLIPSE DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE SITE OR THE CONTENT. ECLIPSE DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY ERRORS, OMISSIONS OR INACCURACIES IN THE SITE OR THE CONTENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, ECLIPSE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. IN NO EVENT WILL ECLIPSE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OR ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT ECLIPSE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SITE OR THE CONTENT.

IF, NOTWITHSTANDING THIS AGREEMENT, ECLIPSE IS LIABLE TO YOU OR ANY OTHER PERSON, THEN IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL ECLIPSE’S TOTAL AGGREGATE LIABILITY TO YOU OR ANY OTHER PERSON UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LAW OR EQUITY) EVER EXCEED $10 (CDN).  YOU HEREBY RELEASE, REMISE AND FOREVER DISCHARGE ECLIPSE FROM ALL LIABILITY IN EXCESS OF $10 (CDN).

YOU HEREBY RELEASE, REMISE AND DISCHARGE ECLIPSE FROM ALL OBLIGTIONS, LIABILITIES, CLAIMS AND DEMANDS IN EXCESS OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE.  YOU WILL INDEMNIFY, DEFECT AND HOLD ECLIPSE HARMLESS FROM AND AGAINST ALL LIABILITIES, EXPENSES AND COSTS, INCLUDING REASONABLE LEGAL FEES AND EXPENSES, INCURRED BY ECLIPSE IN CONNECTION WITH ANY CLAIM OR DEMAND ARISING OUT OF, RELATED TO, OR CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE, YOUR BREACH OF THIS AGREEMENT, OR ANY WRONGFUL CONDUCT BY YOU OR ANY PERSON FOR WHOM YOU ARE RESPONSIBLE UNDER THIS AGREEMENT OR AT LAW.  YOU WILL ASSIST AND CO-OPERATE AS FULLY AS REASONABLY REQUIRED BY ECLIPSE IN THE DEFENCE OF ANY SUCH CLAIM OR DEMAND.

Communications Not Confidential

Eclipse does not guarantee the confidentiality of any communications made by you via email or otherwise through the Site and cannot guarantee that delivery of any such communications will not be delayed or misdirected.  If you use email to communicate with Eclipse, you do so at your own risk.  If you wish to provide information of a confidential or sensitive nature to one of the representatives or employees of our firm, please contact them directly by telephone.  Eclipse will not be responsible or liable to you or any other person for any loss or damage suffered as a result of your use of email to communicate with Eclipse, or the use of email by Eclipse to communicate with you or other persons at your express or implied request.

No Unlawful or Prohibited Use

The Site and Content may be accessed and used only by persons in jurisdictions where Eclipse’s products, solutions and services and the Content itself may lawfully be provided (collectively, “Authorized Jurisdictions”), and by individuals who can form legally binding contracts on their own behalf and on behalf of any company or other person on whose behalf they are using the Site and who have accepted these Terms and Conditions.  The Site, and the information and documents available on or through the Site, are not intended for persons located in any jurisdiction other than the Authorized Jurisdictions.  You are solely responsible for determining whether your use of the Site is lawful, and you must comply with all laws applicable in the jurisdiction from which you are accessing and using the Site.

You agree that you will not, without our prior written permission, use the Site and the Content for purposes other than in the manner described expressly herein these Terms and Conditions.  Links to the Site without the express written permission of Eclipse are strictly prohibited.  Eclipse may, in its discretion, cancel and revoke any permission it may give to link to the Site at any time and without any notice or liability to any person.  The framing, mirroring, scraping or data-mining of the Site or any of its content in any form and by any means is strictly prohibited.  You may not use any browsing or display technologies in connection with your use of the Site or to post comments, communications, or any other data of any kind to or on the Site with the intention that such postings may be viewed by other users of the Site.

You acquire absolutely no rights or licences to the Site or the Content other than the limited right to use the Site and the Content in accordance with these Terms and Conditions. You may print the pages of the Site for your private, personal or commercial use, provided that you do not modify any of the content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.  You agree that you will not use the Site for any purpose that is unlawful.  Except as expressly provided in these Terms and Conditions, any reproduction, retransmission, distribution, sale, republication, modification, translation of or creation of derivative works based on the Site or the Content, in whole or in part, and any decompilation disassembly, reverse engineering or other exploitation of the Site, without prior written permission, is strictly prohibited.

Ownership

The Site, and all Content, designs, graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed on the Site or in the Content are owned by Eclipse and are protected by Canadian and international copyright, trade-mark and other intellectual property laws and treaty provision laws.

Third Party Sites

The Site may provide links to third party web sites. Eclipse does not endorse the information contained in those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked web site is not under Eclipse’ control and if you choose to access any such web site, you do so entirely at your own risk.

Governing Law

These Terms and Conditions are governed by the laws of the Province of Ontario and the applicable laws of Canada and these laws apply to the use of the Site or the Content by you, notwithstanding your domicile, residency or physical location. Any dispute between you and Eclipse or any other person arising from, connected with or relating to the Site, the Content, these Terms and Conditions, or any related matters (collectively “Disputes”) will be resolved before the Courts of Ontario, sitting in the City of Kitchener, Ontario, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those courts in respect of all Disputes.

General Provisions

These Terms and Conditions, including any documents referenced herein, constitute the entire agreement between Eclipse and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Eclipse with respect to the Site. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Eclipse’ failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provisions or right. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein.  This Agreement ensures to the benefit of and is binding upon each of Eclipse and its successors, assigns, licensees and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives.  You may not assign this Agreement or the rights and obligations under this Agreement.  Eclipse may assign this Agreement and its rights and obligations under this Agreement without your consent.

COPYRIGHT AND TRADE-MARK NOTICES

© 2014 Eclipse Automation Inc. All rights reserved. No part of the Site or the Content may be reproduced, modified, distributed, sold, published, broadcast, retransmitted or circulated in any form without the prior written consent of Eclipse, except to the extent that such use is for your personal, non-commercial use.

Eclipse Automation Inc. is either a registered trade-mark or trade-mark of Eclipse in Canada and/or other countries.

Any rights not expressly granted herein are reserved.