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The following Terms of Use govern your access and use of the website located at e3works.com, its contents and the goods and services provided through the website (collectively the “Website”) which is owned and operated by E3 Works International, Inc. (“E3 WORKS”). These Terms of Use apply to any individual or entity which accesses or uses the Website in any manner for whatever reason.
ACCEPTANCE
Each time you access or use the Website, you signify that you have read, understood, accepted and agreed to be bound by the Terms of Use as it then reads. If you do not agree with any of the terms and conditions in the Terms of Use, or you are not authorized to or do not have the legal authority to agree to and accept the Terms of Use, you may not access or use the Website and should immediately discontinue any access to or use of the Website.
USE AND ACCESS TO THE WEBSITE AND ITS CONTENTS
You may use the Website solely for personal, non-commercial uses only. The Website contains content in the form of documents, information, software, photographs, audio, video, graphics, text and other material, all of which are protected by copyright, trademark, and trade dress laws. The Website is owned by E3 WORKS and/or its affiliate and protected under Canadian and International laws and treaties.
You may download or make one copy of the Website for your own personal use, provided you do not modify, obscure or delete any copyright or other proprietary notices contained in the content and that you abide by all Canadian and International laws and treaties.
No right, title or interest in any downloaded or copied materials or software is transferred to you as a result of any downloading or copying of the content. You may not reproduce, publish, transmit, transfer, sell, create derivative works from, distribute, perform, display or in any way exploit, in whole or in part, any of the Website except as otherwise expressly permitted in these Terms of Use.
You may not interrupt or attempt to interrupt the operation of the Website.
TRADE-MARK INFORMATION
E3 WORKS, E3 WORKS design, E3MP3, DISCCLONE, VINYL and others are trade-marks, trade names, logos and service marks (collectively the “Trade-marks”) which are proprietary to E3 WORKS and/or its affiliates. Other trade-marks, trade names, logos and service marks which may appear on the Website are proprietary to their respective owners. Nothing contained in the Website should be construed as granting you, either directly or indirectly, expressly by implication, estoppel, or otherwise, a license or right to use these proprietary intellectual property rights.
MISPRINTS, ERRORS AND PRODUCT AVAILABILITY
E3 WORKS does not represent, warrant or endorse the accuracy, completeness, currency, reliability or suitability of the Website. You acknowledge that any reliance on the Website will be at your sole risk. E3 WORKS reserves the right to delete, move or edit any content of the Website including, but not limited to, changing prices, fees and charges regarding the goods and services available through the Website at any time without notice to you.
E3 WORKS does not guarantee that goods or services advertised on the Website will be available when ordered or thereafter. E3 WORKS reserves the right to reject, correct, cancel or terminate any order at any time.
NO ADVICE OR SOLICITATION
The Website does not give advice or offer recommendations. It is not intended to be relied on as a comprehensive guide and is not an offer to sell or buy any product or service. The Website is provided for convenience and informational purposes only. Before acting or omitting to act based upon any information provided by the Website, you should seek professional advice.
DISCLAIMER
The Website is provided on an "as is" and "as available" basis and cannot, without limitation, be guaranteed against security and privacy risks. E3 WORKS disclaims any and all liability and does not make any representation, warranty or condition of any kind, either express or implied, and including without limitation, any warranty of title, satisfactory quality, non-infringement, freedom from computer virus or implied warranty of merchantability and fitness for a particular purpose, performance or durability to the FULLEST EXTENT PERMITTED BY LAW.
E3 WORKS makes no representation or guarantee that the operation of the Website will be continuous, uninterrupted, error-free or secure. E3 WORKS makes no representation, warranty or condition about the accuracy, reliability, completeness, integrity or timeliness of the Website.
Without limiting the generality of the foregoing, E3 WORKS make no representation, warranty or condition that the use of the Website does not infringe the intellectual property rights of a third party and that use of the Website will be free of viruses, trojan horses, worms, macros or other destructive or disruptive components.
INDEMNITY & RELEASE
You expressly agree that the use of the Website by you is at your own risk.
You agree to indemnify, defend and hold E3 WORKS, and its officers, directors, owners, shareholders, agents, providers of information, content and service, employees, affiliates, and licensors (collectively, the “Parties”) harmless from and against any and all liabilities, expenses, losses and costs, including without limitation reasonable legal fees and expenses, incurred by any of the Parties arising from any claim or demand arising out of, related to, or connected with your use of the Website or your breach of these Terms of Use.
E3 WORKS reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with E3 WORKS’ defence of such claim.
You agree to release, remise and forever discharge the Parties from any and all manner of rights, claims, complaints, demands, causes of action, liabilities, obligations, reasonable legal fees and costs, including without limitation, costs to repair or service any equipment you use in connection with your use of this Website, and in no event, whether known or unknown, which now or hereafter exist, which arise from, relate to or are connected with your use of the Website.
WAIVER
The failure of either party to enforce at any time any of the provisions of these Terms of Use, or the failure to require at any time performance by the other party of any of the provisions of these Terms of Use, will in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by either party of any provision, condition or requirement of these Terms of Use will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
LIABILITY EXCLUSION
In no event shall E3 WORKS be liable to you or any other person for any loss of use, loss of production, loss of income, loss of profits, loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, anticipated or otherwise, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of the Website by you or any other person, and regardless of any negligence or other fault and notwithstanding that E3 WORKS may have been advised of the possibility of such loss or damages.
The disclaimer, indemnity and release, waiver, and liability exclusion will survive indefinitely the termination of these Terms of Use .
LINKING AND FRAMING THE WEBSITE
Links to the Website without the express written permission of E3 WORKS are strictly prohibited. E3 WORKS reserves the right to cancel and revoke any permission it may give to link to the Website at any time, for any reason, without any notice or liability to you. The framing of the Website any of its content in any form and by any method is strictly prohibited.
WEBSITE PURCHASES
All purchases of goods and services from the Website are governed by these Terms of Use and any applicable Website Purchase Agreement. Your purchase of any good or service from the Website constitutes your agreement to be bound by the terms of any applicable Website Purchase Agreement.
PRODUCTS
E3 WORKS products are available at various retail locations. However, E3 WORKS cannot guarantee that the products appearing on the Website will be available at every authorized E3 WORKS retailer. Availability and selection of products will be subject to the supply of each particular retailer.
FEEDBACK AND SUBMISSIONS
You agree that any feedback submitted to the Website or any other submission submitted to E3 WORKS by email is non-confidential for all purposes. If you make any submission, you automatically grant, or expressly warrant that the owner of such submission has expressly granted, to E3 WORKS a royalty-free, perpetual, irrevocable, world-wide, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the submission in any media or medium, or any form, format, or forum now known or hereafter developed and you expressly waive all moral rights in the submission in favour of E3 WORKS and its assigns.
You agree that no submission made by you to the Website or by email will violate any right, including intellectual property rights, of any third party. In addition, you agree that no submission made by you will be obscene, libelous, abusive or otherwise unlawful. You will be solely responsible for the contents of any submissions you make.
By making a submission, you agree that E3 WORKS may use information about you for marketing, product development and promotional purposes in a manner that does not reveal your identity. Further, you agree that E3 WORKS may send you electronic mail or other communications for the purpose of providing information to you regarding updates to the Website, E3 WORKS’ products or promotions, or such other purposes which E3 WORKS may deem appropriate.
PRIVACY
Each time you use the Website, you consent to E3 WORKS collection, use and disclosure of your personal information in a manner that does not reveal your identity and in accordance with any applicable Privacy Policy as it then reads.
MODIFICATION
You may not change, supplement, or amend these Terms of Use in any manner. E3 WORKS may, in its sole discretion, change, supplement or amend these Terms of Use as they relate to your future use of the Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting revised Terms of Use on the Website.
TERMINATION OF USE
E3 WORKS reserves the right, in its sole discretion, to modify, alter, restrict, suspend, or terminate any or all parts of the Website or your access to any or all parts of the Website, at any time for any reason without prior notice or liability to you.
OTHER SITES
The Website may contain links to sites in the Internet that are owned and operated by third parties (the “External Sites”). You acknowledge that E3 WORKS is not responsible for the availability of, or the content located on or through any External Site. Use of External Sites will be governed by their own terms of use.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and E3 WORKS with respect to the subject matter hereof, and supercede all previous written or oral agreements with respect to such subject matter.
JURISDICTION
You expressly agree that your use of the Website and any matters in any way related to your use of the Website, without regard to principles of conflicts of laws, are governed solely by the laws of British Columbia and applicable Federal Laws of Canada.
You irrevocably submit and attorn to the exclusive jurisdiction of the Courts of British Columbia in the City of Vancouver, British Columbia, Canada to resolve any dispute arising from, connected with, or relating to your use of the Website and these Terms of Use.
NO RELATIONSHIP
You and E3 WORKS are independent contractors and no agency, partnership, or other relationship is intended or created by your use of the Website, including without limitation any authorized linking of the Website, or these Terms of Use.
SEVERABILITY
If any of the provisions of these Terms of Use is declared invalid by a court of last resort or by any court, the decision of which appeal is not taken within the time provided by law, then and in such event, these Terms of Use will be deemed to have been terminated only as to the portion thereof which relates to the provision invalidated by that decision and only in the relevant jurisdiction, but these Terms of Use, in all other respects and all other jurisdictions, will remain in full force and effect; provided, however, that if the provision so invalidated is essential to these Terms of Use as a whole, then the parties will negotiate in good faith to amend the terms hereof as nearly as practical to carry out the original interest of the parties, and, failing such amendment, either party may submit the matter to a court of competent jurisdiction for resolution.
OTHER MATTERS
The Terms of Use will enure to the benefit of and be binding upon each of E3 WORKS and each of their respective successors and assigns and related persons and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms of Use or your rights and obligations under them without the express prior written consent of E3 WORKS, which may be withheld in E3 WORKS’ sole discretion. E3 WORKS may assign these Terms of Use and its rights and obligations under it without your consent.
ADDITIONAL TERMS OF USE
Certain areas of the Website are subject to additional terms and conditions. By accessing or using such areas or any part thereof, you expressly agree to be bound by the additional terms and conditions applicable to such areas.
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