Last revised date: February 21, 2018
BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THE WEBSITE.
All content on the Website, including without limitation all designs, infrastructure graphics, pictures, illustrations, software, artwork, video, music, sound, names, words, titles, phrases, logos and marks displayed thereon (the “Content”), are owned or licensed by EnStream and are protected by copyright, trade-mark and other intellectual property laws.
You acknowledge that all right, title and interest in the Website and the Content, and all materials provided by EnStream in connection with these Terms, and any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with EnStream (or third parties, if applicable). Providing that you comply with these Terms, EnStream grants you a personal, non-exclusive, non-transferable, limited permission to enter and use this Website.
2. Use of Information
The information on this Website is for informational purposes only. You agree that you will use the Website and any Content found on the Website solely for your personal, lawful purposes and that you will not use any information contained in this Website or the links to this Website in any claims, proceedings, suits or actions against EnStream, its suppliers or partners.
4. Third Party Websites
The Website may provide links to third party websites. EnStream does not endorse the information contained on those web sites or guarantee their quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability or fitness for any purpose. The content in any linked website is not under EnStream's control, and if you choose to access any such website, you do so entirely at your own risk.
5. User Content
By posting or uploading to the Website any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively "User Content"), you (i) represent and warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses with respect to your User Content and that neither you nor any third party will object to the use of your User Content by EnStream in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the Website as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; and (iii) acknowledge and agree that any User Content that you provide for display on the Website will be considered non-confidential. EnStream may edit or remove any or all User Content whether or not it is in violation of the provisions of these Terms. You hereby grant to EnStream a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to EnStream and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of EnStream. If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the Website. You understand and agree that EnStream will not be liable for any access to, use of or disclosure of any information you include in any such User Content.
6. Communications Not Confidential
EnStream does not guarantee the confidentiality of any communications made by you through the Website. You understand, agree and acknowledge that EnStream cannot and does not guarantee the security of data transmitted over the Internet or public networks in connection with your use of the Website.
7. Monitoring and “Cookies”
EnStream assumes no responsibility or liability should any content on the Website be modified or altered in any way without EnStream’s consent, including viruses, worms or other forms of contamination or activity that may infect your computer equipment or other property. However, you agree that EnStream has the right to, without notice or liability, (i) monitor use of the Website and review and retain such content, material or information; and/or (ii) disclose to third parties any information or any content, material or information associated with the Website by or about you or your use of the Website for marketing purposes (including analytics tags, as well as click-tracking tags) or if EnStream believes that such activity is necessary to provide access to the Website, ensure adherence to or enforce these Terms, comply with any laws or regulations, respond to any allegation of illegal or unlawful conduct or omission or claimed violation of third party rights.
EnStream may use tracking technology ("cookies") on the Website and by using the Website you agree to their use. Cookies are small text files placed on your hard drive when you visit a web site, in order to track use of the site and to improve the user experience by storing certain data on your computer. The Website may use “session cookies,” which improve your browsing experience by storing certain information from your current visit on your computer.
8. DISCLAIMER AND LIMITATION OF LIABILITY
While EnStream uses reasonable efforts to include accurate and up-to-date information on the Website, your use and browsing of the Website is at your risk. Nothing in the Website, including product or service information, will add to or change any contract for products or services you may have with EnStream, its suppliers or affiliates.
THE WEBSITE AND THE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. USE OF THE WEBSITE OR THE CONTENT IS AT YOUR OWN RISK. ENSTREAM DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS OF THE WEBSITE OR THE CONTENT.
ENSTREAM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE WEBSITE AND THE CONTENT WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE WEBSITE OR THE CONTENT ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
IN NO EVENT WILL ENSTREAM, NOR ITS AFFILIATES, EMPLOYEES, PARTNERS, DIRECTORS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS, AGENTS, DISTRIBUTORS, CHANNEL PARTNERS AND ASSOCIATED SERVICE PROVIDERS, BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR OTHER LIABILITIES), WHETHER OR NOT ENSTREAM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE USE OF, OR THE INABILITY TO MAKE USE OF, THE WEBSITE OR THE CONTENT.
9. Governing Law and Jurisdiction
These Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. These laws apply to your access to or use of the Website or the Content, notwithstanding your domicile, residency or physical location. The Website and the Content are intended for use only in jurisdictions where they may lawfully be offered for use.
10. How to Contact EnStream
If you have any questions, comments or complaints about these Terms, please contact us as outlined below:
55 University Avenue, Suite 202
Toronto, Ontario M5J 2H7
EnStream will investigate all complaints concerning compliance with the Terms. If a complaint is found to be justified EnStream will take appropriate measures to resolve the complaint including, if necessary, amending its policies and procedures. You will be informed of the outcome of the investigation.
11. Changes to the Website and Terms
EnStream reserves the right to change these Terms and any information, material or content contained on or provided through the Website at any time without notice. Your continued access to or use of the Website after any changes to these Terms indicates your acceptance of such changes. It is your responsibility to review these Terms regularly.