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Terms and Conditions
Thank you for checking out our new website – if you’re here for the first time, please take a moment to review the following website Terms and Conditions of Use. It’s not mandatory, but we may quiz you on it later… It's a lot of legal jargon, but like everyone else online, we've got to have it.
Terms and Conditions of Use
The use of Eikon Device Inc.’s website (“Website”) is subject to the following terms and conditions:
- The content of the pages of this Website is for your general information and use only. It is subject to change without notice. You may use the Website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the Website (singly or collectively, the “Content”) solely for your noncommercial, personal purposes and/or to learn about Eikon Device Inc.’s (“Eikon” or “we”) products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise. Except as expressly authorized by these terms and conditions, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from the Website.
- The Website and the Content are protected by Canadian and/or foreign copyright laws, and belong to Eikon or its partners, affiliates, contributors or third parties. All copyrights are owned by Eikon* or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only. If you are browsing this Website as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by Eikon. You may not manipulate or alter in any way images or other Content on the Website.
- All trademarks reproduced in this Website that are not the property of, or licensed to, Eikon are acknowledged on the Website.
- Eikon and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, marketing strategies, new or improved products, technologies, services, processes, materials, or new product names. We have found this policy necessary in order to avoid misunderstandings should Eikon’s business activities bear coincidental similarities with one or more of the thousands of unsolicited ideas offered to us. Please do not send your unsolicited ideas to Eikon or anyone at Eikon. If, in spite of our request that you not send us your ideas, you still send them, then regardless of what your posting, email, letter, or other transmission may say, (a) your idea will automatically become the property of Eikon, without any compensation to you; (b) Eikon will have no obligation to return your idea to you or respond to you in any way; (c) Eikon will have no obligation to keep your idea confidential; and (d) Eikon may use your idea for any purpose whatsoever, including giving your idea to others.
However, Eikon does welcome feedback regarding many areas of Eikon’s existing business that will help satisfy customer’s needs, and feedback can be provided through the many listed contact areas on the Website.
- You agree to use the Website solely for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the content. You agree not to add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of third parties. Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Eikon is not responsible for the availability of any such websites. Eikon is not responsible or liable for any such website or the content thereon. If you use the links to the websites of third parties you will leave the Website, and will be subject to the terms of use and privacy policy applicable to those websites.
- If you would like to link to the Website, you must follow the link guidelines set out in this Section 7. Unless specifically authorized by Eikon, you may not create links to this Website that bypass the Website’s home page. You may not mirror or frame the Website’s home page or any other pages of this Website on any other website or webpage. No use of any link to the Website is permitted just to attract attention or to suggest any endorsement or sponsorship by, or affiliation with Eikon. Any link must link to url's on the Eikon Website and must contain the url – http://www.eikondevice.com/. If you prefer a text only link, please use the words "Eikon Device".
- Eikon cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection by software viruses or other harmful computer code, files or programs.
- Any software available for download via the Website is the copyrighted work of Eikon and/or its licensors. Use of such software is governed by the terms of the end user license agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the terms of the end user license agreement.
- You agree to be bound by Eikon’s Privacy Policy set out in detail here.
- Eikon makes no express or implied warranties, representations or endorsements whatsoever with respect to the Website or the Content. Eikon expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the Website, the content, and any product or service furnished or to be furnished via the Website. Eikon does not warrant that the functions performed by the Website will be uninterrupted, timely, secure or error-free, or that defects in the Website will be corrected. Eikon does not warrant the accuracy or completeness of the Content, or that any errors in the content will be corrected. The Website and the Content are provided on an “as is” and “as available” basis.
- In no event will Eikon be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of: (i) the use of or inability to use the Website or the Content, (ii) any transaction conducted through or facilitated by the Website, (iii) any claim attributable to errors, omissions, or other inaccuracies in the Website and/or the Content, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Website or the Content, even if Eikon has been advised of the possibility of such damages. If you are dissatisfied with the Website or the Content, or with the Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the site.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such jurisdictions, Eikon’s liability is limited and warranties are excluded to the greatest extent permitted by law, but shall, in no event, exceed $100.00 (CDN).
- If you have questions regarding Eikon’s warranty with respect to any Eikon products or services, please consult the written warranty document provided with the product or service that you have purchased or contact Eikon for more information. Eikon offers no warranties with respect to any product or service available for sale on the Website except as set out in the warranty document or webpage applicable to such product or service.
- You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless Eikon, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use, misuse, or inability to use the Website, the Content, or any violation by you of these Terms and Conditions of Use.
- These Terms and Conditions of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Eikon of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Eikon's Privacy Policy, your use of the Website or the Content are governed by, and will be interpreted in accordance with, the laws of the Province of Ontario, without regard to any conflict of laws provisions.
*Eikon Device Inc. Registered Trademarks & Patents: Eikon, Symbeos, Hydra, Griffin, Tru-Spring and MachineGun are registered trademarks of Eikon Device Inc. EMS300 & EMS250: Reg. U.S. Pat. & Tm. Off. U.S. Pat. No. D571,736; Ⓓ, Eikon Device Inc. CDN Des. No. 125955; Registered Community Design 001305064-0001; Reg. U.S. Pat. & Tm. Off. U.S. Pat. No. 7,969,715; Eikon Device Inc. CDN No. 2,678,952.; Registered Community Design 000929294-0001; CN Utility 201230209315.9; EMS400 & EMS420: Reg. U.S. Pat. & Tm. Off. U.S. Pat. No. D670,243; Ⓓ, Eikon Device Inc. CDN No.143307.; Registered Community Design 001305064-0001; ES300: Reg. U.S. Pat. & Tm. Off. U.S. Pat. No. D687,775; Ⓓ, Eikon Device Inc. CDN Des. No. 146042; Registered Community Design 001353403-0001; Griffin Tubes: GRIFFIN Disposable Tubes: U.S. Design Pat. No. D677.790; Ⓓ, CA Design 143433; EU Design 001329262-0001; CN Design PAT. 201230209315.9; Symbeos: Reg. U.S. Pat. & Tm. Off. U.S. Pat. No. D742,001; Ⓓ, Eikon Device Inc. CDN Des. No. 154767; Registered Community Design 001417083-0001; CN Design PAT. 201430247601.3; Helix: Patent Pending U.S., Canada.
