PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING THE ECLIPSE TECHNOLOGIES INC. SITE. BY USING THE ECLIPSE TECHNOLOGIES INC. SITE, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE THE ECLIPSE TECHNOLOGIES INC. SITE. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF THE ECLIPSE TECHNOLOGIES INC. SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Rights in Eclipse Technologies Inc. Site and Content
The Eclipse Technologies Inc. Site and all content provided on the Aira® Retractable Screens and all other affiliated products, are protected by copyright, trade-mark, and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by ECLIPSE and/or its affiliates and related companies. Nothing contained on the Eclipse Technologies Inc. Site should be considered as granting, by implication, estoppels, or otherwise, any license or right to use any trade-marks, logos, or other names, including, but not limited to, those identifying ECLIPSE and/or its affiliates and related companies or their respective products and services displayed on the Eclipse Technologies Inc. Site, without the expressed written consent of ECLIPSE or such third party that may own such trade-marks, logos and other names displayed on the Eclipse Technologies Inc. Site.
2. Use of ECLIPSE Store and Content
2.1 No information or material from the Eclipse Technologies Inc. Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on the Eclipse Technologies Inc. Site and any content accessed through the ECLIPSE Store. You are hereby advised that ECLIPSE will aggressively enforce its intellectual property rights to the fullest extent permitted by law.
2.2 You will use the Eclipse Technologies Inc. Site and any content, material, or information found on the Eclipse Technologies Inc. Site solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through the Eclipse Technologies Inc. Site any material or information of any kind that is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through the ECLIPSE Store. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through the ECLIPSE Store.
2.3 ECLIPSE has no obligation to, and does not and cannot review, every item of material or information that you and users other than yourself make available through the ECLIPSE Store, and ECLIPSE is not responsible for any of this material or information. However, ECLIPSE reserves the right to monitor, delete and/or refuse to transmit, move, or edit any material or information, in whole or in part, without notice to you that it deems in its sole discretion, unacceptable, undesirable or in violation of any law. Without limiting the generality of the foregoing, ECLIPSE reserves the right to restrict or prohibit the sending of unsolicited bulk or commercial messages or the sending of numerous copies of the same or substantially similar messages or very large messages to a recipient.
2.4 You hereby grant to ECLIPSE a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute and sublicense any and all material or information submitted by you to the ECLIPSE Store and/or to incorporate it in other works regardless of form, medium or technology.
3. Disclaimer of Warranties & Limitation of Liability
3.1 THE INFORMATION CONTAINED ON THE ECLIPSE TECHNOLOGIES INC. SITE IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED ON THE ECLIPSE TECHNOLOGIES INC. SITE ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. THE ECLIPSE TECHNOLOGIES INC. SITE, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH THE ECLIPSE TECHNOLOGIES INC. SITE, ARE PROVIDED ON AN "AS IS" BASIS. ECLIPSE, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE ECLIPSE TECHNOLOGIES INC. SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE ECLIPSE TECHNOLOGIES INC. SITE. NEITHER ECLIPSE NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, RELIABILITY, TRUTHFULNESS OR COMPLETENESS OF THE ECLIPSE TECHNOLOGIES INC. SITE OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE ECLIPSE TECHNOLOGIES INC. SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENTS OF ANY CONTENT, INFORAMTION, MATERIAL,OR POSTING FOUND ON THE ECLIPSE STORE (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), ANY SERVICES PROVIDED THROUGH THE ECLIPSE STORE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE ECLIPSE STORE OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR FREE USE AND OPERATION OF THE INTERNET OR THE ECLIPSE TECHNOLOGIES INC. SITE. NEITHER ECLIPSE NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT THE ECLIPSE TECHNOLOGIES INC. SITE OR ACCESS TO AND USE OF THE ECLIPSE TECHNOLOGIES INC.
SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSELY AGREE THAT USE OF THE ECLIPSE STORE IS AT YOUR SOLE RISK.
3.2 INFORMATION PROVIDED ON THE ECLIPSE TECHNOLOGIES INC. SITE MAY CONTAIN REFERENCES OR CROSS REFERENCES TO ECLIPSE, ITS AFFILIATES AND RELATED COMPANIES’ PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND ECLIPSE, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT ECLIPSE, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. ECLIPSE RECOMMENDS THAT YOU CONSULT WITH YOUR NEAREST ECLIPSE BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEB SITES ACCESSED VIA LINKS OR OTHER MEANS FROM THE ECLIPSE TECHNOLOGIES INC. SITE HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON THE ECLIPSE TECHNOLOGIES INC. SITE SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
3.3 UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH SHALL ECLIPSE OR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL,OR POSTINGS ON THE ECLIPSE STORE, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NEITHER ECLIPSE NOR ITS AFFILIATES AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
4. Indemnification
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless ECLIPSE, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of the ECLIPSE Store, the content contained in the ECLIPSE Store and the placement or transmission of any information or other materials on the ECLIPSE Store made by you or others using your account. You agree to promptly notify ECLIPSE immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. ECLIPSE reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
5. Recourse
If you are dissatisfied with the ECLIPSE Store or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using the ECLIPSE Store. In such an event, you agree to destroy all materials obtained by you on the ECLIPSE Store and any and all other ECLIPSE Store(s) and all copies thereof. The Terms and Conditions shall survive any such termination.
6. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of British Columbia and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of British Columbia and/or the Federal Court of Canada in British Columbia, or any other judicial district or jurisdiction as ECLIPSE may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on the ECLIPSE Store by ECLIPSE constitute the entire agreement between ECLIPSE and you with respect to your use of the ECLIPSE Store. Notwithstanding the foregoing, any products or services which you purchase through the ECLIPSE Store shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on the ECLIPSE Store and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either ECLIPSE or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.
Privacy Policy
ECLIPSE TECHNOLOGIES INC. has created this Privacy Policy in order to demonstrate our firm commitment to privacy. The following discloses our information gathering and dissemination practices for this Web site.
Our site's registration forms may require users to give us a unique username and password. To post a message on the ECLIPSE TECHNOLOGIES INC. WEB SITE using an e-form, an email address is also required.
This site contains links to third party sites. ECLIPSE TECHNOLOGIES INC. is not responsible for the privacy practices or the content of such Web sites. ECLIPSE TECHNOLOGIES INC. co-branded sites and content partner sites may have privacy policies independent of ECLIPSE TECHNOLOGIES INC. This Privacy Policy extends only to data collected on pages hosted on ECLIPSE TECHNOLOGIES INC. servers. ECLIPSE TECHNOLOGIES INC. may share aggregate information with trading partners, co-branded sites, and advertisers. However, this aggregated information does not contain personally identifiable information.
Our online surveys and the contests on our site may ask visitors for such information as contact information (like their email address), financial information (like their investment portfolio holdings), and demographic information (like their postal code, age or income level). We may use contact data from our surveys or contests to send information about our company and promotional material from some of our partners, sponsors or advertisers. The customer's contact information may also be used to contact the visitor when necessary and may be shared with other affiliated companies within the ECLIPSE Group of Companies who may want to contact our visitors. Only the ECLIPSE Group of Companies has access to your personal information. Users may opt-out of receiving future e-mail communications. Please see the choice/opt-out section below.
Demographic and profile data is used to tailor our visitor's experience at our site and display the content according to their preferences. This information is shared with advertisers on an aggregate basis only.
Security
This site has reasonable security measures in place to protect against loss, misuse and interception by third parties. The ECLIPSE Group of Companies assumes no liability for interception, alteration or misuse of information transmitted over the Internet.
Choice/Opt-Out
In the Registration process where we request information about the visitor, our site provides users the opportunity to opt-out of receiving email or other forms of communications from the ECLIPSE Group of Companies. If you are here because you no longer want to be contacted by the ECLIPSE Group of Companies please click here to opt-out.
Contacting Us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact us.
