Last Updated: April 16, 2023
By accessing and using the website, you represent that you have read, understand, and agree to be bound by the terms and conditions contained in this agreement. If you do not agree with any of the terms and conditions contained in this agreement, you are prohibited from using or accessing the website in any way.
The Website, and any data, materials, publications and any other information made available on the Website (the “Content”), is owned or otherwise provided by Ekona or its licensors strictly in accordance with the terms and conditions of this Agreement and is protected by Canadian and international copyright laws.
Ekona grants you a limited, personal, revocable, non-transferable and non-exclusive license to access, display and use the Content solely and exclusively for your personal, private and non-commercial use on your own computer or mobile device. This is the grant of a license, not a transfer of title, and under this license you may not:
- modify, copy, publish, repost, reproduce or reuse any of the Content or create any derivative works based on any of the Content;
- sell, distribute, license or use any of the Content for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on the Website;
- remove any copyright or other proprietary notations from any of the Content;
- make any part of the Website or Content available as part of another website, whether by hyperlink or otherwise, unless you have been authorized to do so in writing by us;
- use any robot, application or other automated means to access, copy, scrape or index any portion of the Content;
- transfer the Content to another person or “mirror” the Content on any other server; or
- engage in any activity that interferes with a user’s access to the Website or the proper operation of the Website, or otherwise causes harm to the Website or Content, Ekona, a third party or other users of the Website.
Trademarks displayed on the Website are registered or unregistered trademarks of Ekona or others, are the property of their respective owners, and may not be used without written permission of Ekona or of the owner of such marks respectively.
- DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the website and all content are provided by Ekona “as is” and “as available”, with all faults and without warranties or conditions of any kind, and Ekona hereby disclaims all warranties and conditions with respect thereto, whether express, statutory, legal or implied, including but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, of durability, of title, and of non-infringement of third party rights. Ekona does not warrant against interference with your enjoyment of the website or content, that the website or content will meet your requirements or will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from use of the website or content will be accurate or reliable. Any reliance you place on the website or content is therefore strictly at your own risk.
- LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, in no event shall Ekona or its directors, officers, agents, employees, contractors, licensors, representatives, and their respective successors and assigns be liable for any direct, indirect, incidental, exemplary, special, punitive, consequential or other damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the website or the content.
You agree to indemnify, defend and hold Ekona and its affiliates harmless from and against any and all losses, liabilities, claims, costs, fines, and damages of any type (including legal fees) arising out of or in any way related to: (i) your use of the Website or Content; (ii) your violation of the terms and conditions of this Agreement; or (iii) your violation of applicable laws or the rights of third parties.
Your use of the Website and Content is subject to the most current version of this Agreement in force at the time of such use. To the fullest extent permitted by applicable law, we reserve the right to unilaterally update or modify this Agreement from time to time at our sole discretion without seeking your consent or providing notice to you. It is your responsibility to regularly check the Website to view the then-current Agreement applicable to your access to and use of the Website. Your continued use of the Website following any changes to this Agreement constitutes your acceptance of such changes. If you do not agree to any change, you must stop using the Website.
- THIRD PARTY MATERIALS
- GOVERNING LAW
This Agreement is governed by the laws of the Province of British Columbia and any dispute shall be submitted exclusively to the courts of competent jurisdiction in that province.
- ADDITIONAL PROVISIONS
This Agreement, including any documents referenced herein, constitutes the entire agreement between Ekona and you pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings between Ekona and you. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect. Ekona reserves the right to terminate or suspend access to the Website and/or to terminate this Agreement at any time without notice and for any reason whatsoever. The failure of Ekona to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit Ekona with respect to such breach or any subsequent breaches. Ekona will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.