ECCO Heating Products Limited (“ECCO™”) provides the www.eccosupply.ca website and any successor websites ("this Site") to you subject to your agreement to and compliance with the terms and conditions below.
BY BROWSING OR OTHERWISE USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT BROWSE OR USE THIS SITE.
1. Intellectual Property Rights
Except for public domain material or material otherwise licensed to ECCO™, the material on this Site, including all content, site design, text, graphics, and the arrangement thereof, are protected by copyright and other intellectual property laws, and are owned or controlled by ECCO™ or the party credited as the author or provider of the materials. ECCO™ and the ECCO™ icon and logo are trade-marks of ECCO™ and may not be used in connection with any product or service not related to ECCO™ or approved in advance by ECCO™ in writing.
All other trade-marks, service marks, logos, and/or other marks are the property of their respective owners.
2. Restrictions on Use
Except as expressly provided herein, no material from this Site may be modified, reproduced, published, posted, transmitted, sold or distributed in any way, without the prior written permission of ECCO™. Prohibited uses include, without limitation:
removing any proprietary notices or labels on this Site or the materials provided on this Site;
plagiarizing the materials provided on this Site or otherwise violating or infringing the intellectual property rights of ECCO™ or any third party; or
- making any other use of the materials for any other purpose (including use of any such material on any other website or networked computer environment).
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws.
3. Accuracy and Changes
Facts and information on this Site provided by ECCO™ and its suppliers are believed to be accurate when placed on this Site. Changes may be made at any time to the information at this Site without prior notice.
This Site is provided on an "as-is, as available" basis. While ECCO™ believes the information on this Site to be correct, ECCO™ makes no representations or warranties regarding the accuracy, completeness or currency of any information displayed on this Site. To the maximum extent permitted by law, ECCO™ disclaims all representations, warranties and conditions, express or implied, including but not limited to implied warranties and conditions of merchantability, merchantable quality, fitness for a particular purpose, title, non-infringement of proprietary rights, and implied warranties and conditions arising from the course of dealing, usage, trade or performance.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ECCO™ AND ITS RESPECTIVE DIRECTORS, OFFICERS, MEMBERS, AGENTS, EMPLOYEES, REPRESENTATIVES AND LICENSORS (COLLECTIVELY THE "ECCO™ PARTIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, EVEN IF ANY OF THE ECCO™ PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE ECCO™ PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO ACCESS THIS SITE, IF ANY.
In no event shall any ECCO™ Party be liable for damages or losses of any kind arising from the use of any hyper-linked website.
6. Links to Third Party Websites
Access to any other website linked to this Site is at your own risk and ECCO™ is not responsible for the availability, accuracy or reliability of the contents of any hyper-linked website. This Site provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked websites by ECCO™.
Personal information may be collected when a user conducts activities on this Site. Although information collected, used or disclosed on the Site as described below often does not constitute personal information ECCO™ provides the details below about Internet aspects of the Site for the purposes of disclosure about ECCO’s policies and practices.
When a Site user's web browser requests a web page from another computer on the Internet, it automatically gives that computer the address where it should send the information. This address is called the computer's "IP address." For most users accessing the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time the user logs on. ECCO™ may use the user's IP Address to: facilitate the diagnosis and remedy of a reported technical problem; display (or allow the display by third party advertising providers of) more appropriate and relevant content and advertising, such as content and advertising based on the user's geographic area; or estimate user traffic from specific countries or organizations.
You agree that this agreement and your use of this Site are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organisations in Vancouver, British Columbia, Canada in all disputes: (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Site and/or this agreement is an issue or a material fact, or (c) in which this Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organisation.
ECCO™ has endeavoured to comply with all legal requirements known to it in creating and maintaining this Site, but makes no representation that materials or products on this Site are appropriate or available for use in any particular jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
With the prior agreement of ECCO™, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the British Columbia Commercial Arbitration Act, and any such arbitration proceedings shall be brought and held in Vancouver, British Columbia. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgement upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction. You agree that ECCO™ may at any time and without notice change the terms, conditions and notices under which this Site is offered.