PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1. What’s in These Terms and Conditions?
By using our Site, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use our Site.
By using this Site, you represent and warrant that you are the legal age of majority under applicable law and have capacity to form a binding contract with E79 and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these Terms and Conditions, and that they comply with them.
We recommend that you print a copy of these Terms and Conditions for future reference.
2. We may Make Changes to Our Site
We may update and change our Site from time to time without notice to reflect changes to our content or services, our users’ needs and our organization’s priorities.
We are under no obligation to update our Site or its content.
3. We may Suspend or Withdraw Our Site
We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for any reason. We will try to give you reasonable notice of any suspension or withdrawal.
4. Users and Subscribers
You may access our Site as a regular user, or may subscribe to receive our newsletter and become a subscriber (the “Subscriber”). You may choose to unsubscribe from our newsletter by contacting us at firstname.lastname@example.org or following the opt-out links on any Subscriber content sent to you by us.
5. Prohibited Uses
You may use our Site only for lawful purposes.
You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of these Terms and Conditions.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Site;
- any equipment or network on which our Site is stored;
- any software used in the provision of our Site; or
- any equipment or network or software owned or used by any third party.
6. How You may Use Material on Our Site
We are the owner or the licensee of all intellectual property rights in our Site and the content displayed in our Site. Those works are protected by copyright laws around the world. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us or our licensors, suppliers, publishers, rights holders, or other content providers. Use of any such property, except as expressly authorized, will constitute a violation of the rights of the property owner and may be a violation of provincial, federal or other laws and could subject the violator to legal action.
You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others to content posted on our Site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Site in breach of these Terms and Conditions, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Information on This Site
The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date. E79 accepts no responsibility for loss arising from reliance on information contained on this Site or other sites that may be linked to or from our Site from time to time.
8. We are NOT Responsible for Websites We Link To
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.
We have no control over the contents of those sites or resources.
9. Disclaimer of Warranties and Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE AT YOUR OWN RISK. THE SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS”, “WHERE IS” BASIS, WITH ALL FAULTS, AND WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OR CONDITIONS ARISING OUT OF THESE TERMS AND CONDITIONS, COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE INFORMATION OR SERVICES PROVIDED HEREUNDER WILL MEET ANY OF YOUR REQUIREMENTS OR THAT USE OF SUCH CONTENT, INFORMATION OR SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOSS OF PROFITS, BUSINESS INTERRUPTION, DATA LOSS, WORK STOPPAGE, OR COMPUTER FAILURE OR MALFUNCTION.
IN ANY CASE, OUR AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS UNDER THESE TERMS AND CONDITIONS SHALL NOT EXCEED CAD$10.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR PURSUANT TO ANY LEGAL DOCTRINE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless E79, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Site, including, third-party sites, any use of the Site’s content, services, and products other than as expressly authorized in these Terms and Conditions.
11. How We may Use Your Personal Information
12. Rights You are Giving Us to Use Material You Upload
When you upload or post any content to our Site, you grant us the following rights to use that content:
a perpetual, worldwide, non-exclusive, royalty-free, transferable, sub-licensable, licence to use, reproduce, distribute, prepare derivative works of, display such content in connection with the service provided by our Site and across different media, including use relating to promoting the Site or its services.
13. We are NOT Responsible for Viruses and You Must NOT Introduce Them
We do not guarantee that our Site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Site. You should use your own virus protection software.
You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the law of applicable jurisdiction. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
14. Rule about Linking to Our Site
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Site in any website that is not owned by you.
Our Site must not be framed on any other Site.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the permitted use specified in these Terms and Conditions.
If you wish to link to or make any use of content on our Site other than that set out above, please contact us at email@example.com.
15. Breach of These Terms and Conditions
When we consider that a breach of this these Terms and Conditions has occurred, we may take such action as we deem appropriate.
Failure to comply with these Terms and Conditions may constitute a breach of these Terms and Conditions upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our Site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms and Conditions. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
16. Which Country’s Laws Apply to Any Disputes
These Terms and Conditions are governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any rules of private international law or the conflict of laws that would lead to the application of any other Laws and excluding any Laws that implement or are based upon the United Nations Convention on Contracts for the International Sale of Goods.
17. How Disputes Will be Resolved
Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including the formation, interpretation, breach or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The tribunal will consist of a sole arbitrator.
The seat of arbitration and the place of arbitration shall be Vancouver, British Columbia, Canada. The language of the arbitration will be the English language. Judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.
Any award rendered in the arbitration is final and binding and judgment on the award may be entered in any court having jurisdiction for the enforcement of the award.
The costs of arbitration, including fees, travel expenses and other expenses of the arbitrator and witnesses, the fees or charges by the centre and the reasonable legal fees and expenses, as determined by the arbitral tribunal, of the successful party, shall be borne by the unsuccessful party.
The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the privacy of the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
We may bring suit in any appropriate forum or court of competent jurisdiction to avoid irreparable harm or to preserve the status quo, or for any breach (or threatened breach) of infringement or misappropriation of our intellectual property rights, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of that court in respect of all of those matters, all matters that are not properly subject to arbitration pursuant to these Terms and Conditions, and all permitted appeals arising from an arbitration pursuant to these Terms and Conditions.
The parties agree and acknowledge that each party is waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative action.
18. Our Trademarks
E79™ (word mark), E79 Resources™ (word mark), and logo (design), and any other marks as we may develop or use from time to time are our trade marks.
You are not permitted to use them without our written approval, unless they are part of material you are using as permitted under these Terms and Conditions.
19. Who We Are and How to Contact Us
20. We May Make Changes to These Terms and Conditions
We may amend these Terms and Conditions from time to time. Every time you wish to use our Site, please check these Terms and Conditions to ensure you understand the Terms and Conditions that apply at that time.
21. Other Legal Terms
EXPLORE E79 RESOURCES
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907-1030 West Georgia St.
Vancouver, BC, V6E 2Y3, Canada
1/24 Wandoo St., Fortitude Valley, Queensland, 4006, Australia