Date Last Revised: May 30, 2013
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.
1. Continuing agreement.
2. Use of site and site materials.
Depending on your activities when visiting this Web Site, you may be required to agree to additional terms and conditions as indicated on this Web Site.
4. Accounts; passwords; security
In order to access or use some features of this Web Site, you may have to become a registered user. When you are setting up your account, you must give EOS accurate and complete information. This means that you cannot set up an account using someone else’s name or contact information, and in no event can you set up an account using a phony name or phony contact information. You are completely responsible for your account and everything that happens on your account. This means you need to be careful with your password. If you find out that someone is using your account without your permission, you must let EOS know immediately. You may not transfer your account to someone else. You will be liable for losses and damages incurred by EOS (or anyone else) due to the unauthorized use of your account.
5. Third party content; feedback, suggestions or ideas.
From time to time, this Web Site may display text, images, graphics, audio, video, links to other sites and other materials and content (“Content”) that were originally posted or otherwise made available on another site (e.g., Twitter or Facebook). As a consequence, you may see Content on this Web Site that has been made available by individuals not affiliated with EOS (“Third Party Content”). EOS does not endorse these individuals or their Content and EOS is not associated with any of the Third Party Content that may be displayed on this Web Site. EOS (and its affiliated companies, and its and their respective officers, employees, mandataries or agents) shall not have any responsibility or liability of any nature whatsoever arising in connection with any Third Party Content.
If you give feedback, suggestions or ideas on this Web Site, such as recommendations for improvements or features, you hereby assign to EOS all right, title and interest in and to such feedback, suggestions and ideas, and such feedback, suggestions or ideas may be implemented as part of this Web Site or otherwise by EOS without any compensation or notice to you.
6. Geographic scope of site.
This Web Site is controlled and operated from within the United States of America. Unless otherwise specified on or by this Web Site, this Web Site is intended to promote only those EOS products that are sold by EOS in Canada and in the United States and its territories, and EOS makes no representation that materials in this Web Site or the products described thereby are appropriate or available for use in your location. All visitors to this Web Site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Web Site. This Web Site is intended for use by users in Canada, and products purchased on this Web Site will only be shipped to Canada.
7. Links to other Web Sites.
For your convenience and enjoyment, this Web Site may provide links to other Web Sites and/or make available third party applications. Your use of such third party web sites and applications is at your own risk. These links and applications do not mean that EOS endorses, approves or sponsors any information available at the linked Web Site or application, or any products that may be sold through a linked Web Site, nor is EOS liable for any loss or damage that might result from your use of such websites, third party applications, information or products.
8. Contests, sweepstakes and promotions.
9. Contents of this Web Site — disclaimer.
THE INFORMATION AND MATERIALS IN THIS WEB SITE (INCLUDING ANY GRAPHICS, SOFTWARE, RECOMMENDATIONS OR OTHER MATERIALS) AND ANY INFORMATION AND MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE (INCLUDING THIRD PARTY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER LEGAL, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, EOS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. EOS AND ITS SUPPLIERS AND PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION OR PROMISE THAT THIS WEB SITE OR ANY PRODUCTS PURCHASED THROUGH THIS WEB SITE WILL MEET YOUR REQUIREMENTS. EOS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE INFORMATION, PRODUCT DESCRIPTIONS, MATERIALS, USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE INCLUDING THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. The information and materials in this Web Site could include technical inaccuracies or typographical errors. Such information and materials could be inaccurate or become inaccurate as a result of new developments or otherwise. EOS undertakes no obligation to verify or maintain the accuracy or currentness of such information or materials.
This Section 9 shall apply to the fullest extent permitted by applicable laws.
10. Operation of this Web Site — disclaimer.
EOS endeavors to maintain this Web Site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in this Web Site or its operation. AS TO THE OPERATION OF THIS WEB SITE, EOS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM STATUTE, TORT, COURSE OF DEALING OR USAGE OF TRADE. EOS MAKES NO WARRANTY, REPRESENTATION OR PROMISE AND PROVIDES NO CONDITION THAT (A) THE OPERATION OF THIS WEB SITE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS OR FREE OF DEFECTS OR ERRORS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS WEB SITE WILL BE ACCURATE OR RELIABLE; OR (D) DEFECTS WILL BE CORRECTED. YOU (AND NOT EOS) ASSUME THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION THAT MAY BE NECESSARY FOR YOUR COMPUTER EQUIPMENT AND SOFTWARE AS A RESULT OF ANY VIRUSES, ERRORS OR ANY OTHER PROBLEMS WHATSOEVER YOU MAY HAVE AS A RESULT OF VISITING THIS WEB SITE OR ANY OTHER WEB SITE THAT IS LINKED TO THIS WEB SITE.
This Section 10 shall apply to the fullest extent permitted by applicable laws.
11. Limitation of liability.
UNDER NO CIRCUMSTANCES SHALL EOS OR ITS SUPPLIERS AND PARTNERS and ITS AND their OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, MANDATARIES and LICENSORS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS, COSTS, EXPENSES or loss of REVENUE OR PROFIT), THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEB SITE OR ANY MATERIALS IN THIS WEB SITE WHETHER IN AN ACTION OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, PRODUCT LIABILITY OR OTHERWISE OR WHETHER ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEB SITE, INFORMATION AVAILABLE IN THIS WEB SITE OR PRODUCTS PROVIDED THROUGH THIS WEB SITE. EOS SHALL NOT BE LIABLE EVEN IF EOS OR AN EOS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR INJURY. SUCH DAMAGES OR INJURY MAY INCLUDE BUT ARE NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (a) your USE OR INABILITY TO USE THis WEB SITE; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM THis WEB SITE; (C) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THIS WEB SITE; OR (D) ANY OTHER MATTER RELATING TO THIS WEB SITE.
This Section 11 shall apply to the fullest extent permitted by applicable laws.
This Section 12 shall apply to the fullest extent permitted by applicable laws.
EOS may immediately and without notice suspend, terminate or restrict your activities on this Web Site at any time and in its sole discretion. You agree not to hold EOS responsible for any inconvenience or loss (including costs, expenses, loss of information, inability to access or use) which you may incur as a result of EOS taking any of the actions described above.
15. Availability of help.
16. Applicable law; jurisdiction.
18. No waiver.
20. Notices to you; consent to receive electronic communications.
Notices to you may be sent via email or through this Web Site by displaying links to notices generally on this Web Site. Any communication regarding your order will be emailed to the email address provided by you to us when ordering on this Web Site.
(b) records of any purchases made through this Web Site;
(c) disclosures or notices provided in connection with this Web Site, including any required by applicable laws;
(d) any customer service communications, including communications with respect to claims of error or unauthorized use of this Web Site; and
(e) any other communication related to this Web Site.
All Communications will be deemed to have been received by you no later than 5 business days after we send it to you by email or post it on this Web Site, whether or not you have received the email or retrieved the Communication from this Web Site. An electronic Communication by email is considered to be sent at the time that it is directed by EOS’s mail server to your email address. You agree that these are reasonable procedures for sending and receiving electronic Communications.
In order to access and retain Communications, you must have:
(1) a computer with an Internet connection;
(2) a current web browser that includes 128-bit encryption (e.g., Internet Explorer version 6.0 and above, Firefox version 2.0 and above, Chrome version 3.0 and above, or Safari 3.0 and above) with cookies enabled;
(3) a valid email address (i.e., your primary email address on file with EOS); and
(4) sufficient storage space to save past Communications or an installed printer to print them.
If you have registered on this Web Site and you wish to withdraw your consent to have Communications provided electronically, you must close your account. You may do so by contacting us via the contact information provided on the “Contact Us” page of this Web Site and stop using this Web Site. There are no fees to close your account with us.
21. No legal effect.
23. Entire Agreement.