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Eldor-Wal Services Terms of Use

ELDOR-WAL REGISTRATIONS (1987) LTD. (“ELDOR-WAL”) WEBSITE

TERMS AND CONDITIONS OF USE

Last Amended January 12, 2018

 

  1. Acceptance of Terms and Conditions of Use

The Eldor-Wal website, located at https://www.eldorwal.com/ , including any related webpages, websites and associated products and services, including without limitation, court filing and searches, land title registrations and searches, corporate services, NUANS reports, Personal Property Registry searches and registrations, legal products, out-of-province services and searches, and due diligence searches (collectively, the “Services”) is provided, owned and/or operated by Eldor-Wal. The Services shall include any new software, apps, webpages, websites, products, services, or client interface mechanisms which may be added from time to time.

This page states the Terms and Conditions of Use under which you may access and use the Services and all information, material, original works and other subject-matter or content, including, without limitation, the underlying HTML, articles, text, data, photographs, images, illustrations, designs, icons, audio clips, video clips, graphics, user interface, documents, products, services and software, on the Eldor-Wal website (the "Material").

By accessing and/or using the Services and/or the Material, you agree to be bound by these Terms and Conditions of Use. If you do not accept or agree with any or all of these Terms and Conditions of Use, do not access or use the Services or the Material.

If there is any conflict between the terms of this Agreement and your ASP Services Agreement or Your End User Agreement, if any, (each an “Enrollment Agreement”), the terms of the Enrollment Agreements shall govern.

  1. Changes to these Terms and Conditions of Use

Eldor-Wal may amend these Terms and Conditions of Use at any time by posting new Terms and Conditions of Use on the Eldor-Wal website in place of these ones. The date on which the Terms and Conditions of Use were last amended is indicated at the beginning of this webpage. The amended Terms and Conditions of Use shall automatically be effective when posted. Amendments may include, without limitation, additions, deletions or modifications to these Terms and Conditions of Use.

Eldor-Wal will post notice that the Terms and Conditions of Use have been amended on the fronting webpage of the website located at https://www.eldorwal.com/for a period of 30 days.

You must visit this webpage and review these Terms and Conditions of Use each time that you visit the Eldor-Wal website in order to ensure that you are aware of any amendments and that they are acceptable to you.

 Your continued access and/or use of the Services and/or the Material following the posting of amended Terms and Conditions of Use and the related notice means that you accept to be bound by the Terms and Conditions of Use, as amended. If you do not agree with any of the terms or conditions in the amended Terms and Conditions of Use, then you agree to immediately cease all access and/or use of the Services and/or the Material, which shall be your sole recourse and remedy in the event you are dissatisfied with the amended Terms and Conditions of Use. These Terms and Conditions of Use may not otherwise be amended.

  1. Personal Information and Privacy

Your access and/or use of the Services and the Material is subject to Eldor-Wal’s Website Personal Information and Privacy Policy, which is available at https://www.eldorwal.com/legal-policy/ .

  1. Intellectual Property

All or parts of the Services and the Material may be protected by applicable copyright, trademark, patent and other intellectual property laws under both Canadian and foreign laws which may be violated by unauthorized access and/or use of the Services or the Material. Users of the Services or the Material are solely responsible for ensuring that they comply with any applicable copyright, trademark, patent and other intellectual property laws.

In particular, Eldor-Wal retains all right, title and interest to the word "Eldor-Wal" and any word, phrase or logo incorporating the foregoing (collectively, the "Eldor-Wal Marks"). You agree not to display or use Eldor-Wal Marks in any manner without Eldor-Wal’s prior written permission.

  1. Copyright

All or parts of the Material are protected by the Copyright Act, RSC 1985, c C-42 of Canada. Copyright in the Material is either owned or licensed by Eldor-Wal.

Except as expressly provided in these Terms and Conditions of Use, none of the Material may be copied, reproduced, distributed, republished, downloaded, displayed, modified, posted, presented, transmitted or otherwise exploited in any form or by any means ("Use") without prior express written consent from Eldor-Wal.

To inquire about obtaining consent to Use any Material on the Services, please send a request to: Eldor-Wal at mail@eldorwal.com

If you become aware of any content on the Services that you believe to be objectionable or to violate this Agreement, or that you believe may cause injury to yourself, us, or any third party, you should notify us of such content immediately at mail@eldorwal.com . Even if you notify us of such content that you believe to be objectionable, you agree that we will not be obligated to take any particular steps, or any steps at all, in response to your notification. You agree that your notification under this paragraph will create no duty on our part to you or to any third party, and that we may not be held liable for any action that we take, or for our inaction, after you provide us with notification.

  1. Mobile Content

The Services may provide mobile alerts and other mobile content via SMS, MMS, WAP and other means of mobile content delivery to certain compatible mobile devices (the “Mobile Service”). You acknowledge and agree that the Mobile Service is for your use and may be used only on your personal mobile device (“Mobile Device”). To the extent the Mobile Service requires designation of your Mobile Device during a registration or other process, the Mobile Service may only be used on the designated Mobile Device. You agree that you may not otherwise transmit, broadcast, upload to any computer or other mobile device, create derivative works of, or make commercial use of the Mobile Service, including, but not limited to, any mobile alert (a “Mobile Alert”). You may not, or attempt to (or otherwise authorize, encourage or support others’ attempts to) circumvent, re-engineer, decrypt, break or otherwise alter or interfere with the Mobile Service, including, but not limited to, any Mobile Alert. We make no representation as to the compatibility of your Mobile Device with the Mobile Service, and you acknowledge and agree that we shall have no liability for the compatibility or non-compatibility of your Mobile Device with the Mobile Service. For clarity, the Mobile Service constitutes part of the Services and is therefore subject to the other provisions of these Terms of Use. In addition, for the Services where the Mobile Service (including any Mobile Alert) is offered, the Operator may post additional terms (e.g., regarding additional fees) that apply to your use of the Mobile Service, and your use shall also be subject to those additional terms.

In order to use the Mobile Service, you must have a mobile communications subscription with a participating wireless service provider (a “Carrier”), or otherwise have access to a mobile communications network for which we make the Mobile Service available, as well as any Carrier services necessary to download content to your Mobile Device. There may be service fees associated with certain Carrier services necessary to download content. Please contact your participating Carrier for details. In addition, you are responsible for ensuring that your equipment and/or software do not disturb or interfere with the Operator’s operations. Any equipment or software causing interference with the Operator’s operations and/or the Mobile Service shall be subject to immediate disconnection from the Mobile Service by the Operator. If any upgrade in or to the Mobile Service requires changes in your equipment or software, you must effect these changes at your own expense.

  1. Trademarks and Official Marks

Names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Services or in the Material may constitute registered or unregistered trademarks or official marks of Eldor-Wal. Unauthorized use of any such trademarks or official marks, including reproduction, imitation, dilution or confusing or misleading uses, is prohibited under the trademark laws of Canada and other countries. Nothing on the Services may be interpreted as granting any license to Use any trademark or official mark of Eldor-Wal without the express prior written consent of Eldor-Wal.

To inquire about obtaining consent to Use trademarks or official marks, please send a request to Eldor-Wal at mail@eldorwal.com .

  1. Registration

In order to access and/or use any Services, you may enroll with Eldor-Wal by entering into at least one of the Enrollment Agreements. You agree that you will use the Services only for lawful personal, business or governmental purposes.

If you opt to register for any online service you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration form (“Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, we shall have the right to suspend or terminate your account and refuse any and all current or future use of any Services. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate Registration Data, including, but not limited to, your failure to receive critical information about any Service or your account. You further agree that we are authorized to verify such Registration Data. Furthermore, if any information you provide is untrue, inaccurate, not current, or incomplete, without limiting other remedies, Eldor-Wal and its agents, suppliers, and subcontractors have the right to recover from you any costs or losses incurred as a direct or indirect result of the inaccurate or incomplete information.

You acknowledge and agree that we may rely on the Registration Data to send you important information and notices regarding your account and any online service. From time to time, we may send you communications and other promotions by email. You can unsubscribe from our communications and other promotions through the unsubscribe mechanism contained in the applicable message.

If you opt to register for any Service, you may be required to establish an account and provide your e-mail and establish a password. Eldor-Wal uses a single step verification process to authenticate and identify users of the Services.

You authorize us to process any and all account transactions initiated through the use of your e-mail and password. You are solely responsible for maintaining the confidentiality of your password and must immediately notify us of any unauthorized use of your e-mail and password. You acknowledge and agree that you are responsible for any unauthorized activities, charges and/or liabilities made through the use of your e-mail and password. In no event will we be liable for the unauthorized use or misuse of your e-mail and/or password. We collect and use your e-mail, password and other Registration Data in accordance with our Privacy Policy located at mail@eldorwal.com .

 In order to use the Services, individuals under the age of 18 must attain permission from their parent or guardian. Use of the Services constitutes acceptance of this requirement and confirmation that such permission has been sought and obtained.

  1. Commercial Use

Use of the Material and/or the Services, either in whole or in part, for the purpose of commercial distribution is strictly prohibited, except with express prior written permission from Eldor-Wal.

By using the Services, you attest that you do not provide unlawful or illicit products or services. You will not use the Services for any unlawful, fraudulent or improper activity. You agree that you will not use any information about other users of the Services that is provided by the Services. If Eldor-Wal has reason to believe that you may be engaging in or have engaged in fraudulent, unlawful, or improper activity, including without limitation any violation of any terms and conditions relating to the Services, your access to the Services may be suspended or terminated. You will cooperate fully with Eldor-Wal to investigate any suspected unlawful, fraudulent or improper activity.

  1. Disclaimer

The Material and the Services is provided "as is", without warranties or conditions of any kind, whether express or implied. To the fullest extent possible under applicable law, Eldor-Wal disclaims all warranties and conditions, whether express or implied, statutory or otherwise, including without limitation implied warranties or conditions of merchantability and fitness for a particular purpose or use and warranties or conditions of title, non-infringement or other non-violations of rights.

Eldor-Wal does not warrant or make any other representations regarding the use, accuracy, completeness, timeliness, efficacy, applicability, performance, security, availability or reliability of the Material or the Services, any websites linked to the Eldor-Wal website, the results from the use of the Services or any websites linked to the Eldor-Wal website, or otherwise regarding the Material or the information, material, original works or other subject-matter or content on any websites linked to the Eldor-Wal website.

  1. Limitation of Liability

Under no circumstances, including without limitation negligence, shall Eldor-Wal be liable to you or to any third party for any direct, indirect, compensatory (whether expectation or consequential), general, special, liquidated, pecuniary, punitive, aggravated, nominal or incidental damages or losses, or any other damages or losses of any kind whatsoever, including without limitation lost revenue, lost or damaged data or economic loss, regardless of the cause of action, arising directly or indirectly from the Services and/or the Material, including without limitation the access and/or use of, or the inability to access and/or use, any or all of the Services or the Material.

  1. Condition of Eldor-Wal Services (Management of Accounts)

You agree to allow any and all affiliates and/or subsidiaries to work in conjunction with Eldor-Wal in order to provide you with Services.

Eldor-Wal and its affiliates and/or subsidiaries reserve the right to access your accounts if it is necessary to assist with customer service, process payments, enforce the Terms and Conditions of Use, investigate and/or address any security or technical issues, or if Eldor-Wal believes this access is necessary to act in accordance with a legal or governmental request.

You acknowledge your account content, including personal information, may be stored and processed in an Eldor-Wal facility or a facility of its agents in Canada or the United States. Be advised that any information stored in the United States may be subject to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (“USA Patriot Act”). The USA Patriot Act may allow U.S. law enforcement officials to access any electronic and business records that are stored in the United States at any time.

  1. Third Party Website Links

The Services may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Eldor-Wal. There also may be circumstances in which access to the Services may be provided by a hypertext link located at a third party website.

Eldor-Wal is not responsible for and does not endorse, authorize, approve, certify, maintain, or control the content of any third party website, nor does it make any representation or warranty of any kind, express or implied, regarding any third party website, including, without limitation, (i) any representation or warranty regarding the legality, use, accuracy, reliability, completeness, efficacy, timeliness, applicability, performance, security, or availability of any information, material or content on such third party websites, (ii) any representation or warranty regarding the merchantability and fitness for a particular purpose of any material, content, software, goods, or services located at or made available through such third party websites, or (iii) any representation or warranty that the operation of such third party websites will be uninterrupted or error free, that defects or errors in such third party websites will be corrected, or that such third party websites will be free from viruses or other harmful components.

Eldor-Wal is not responsible for the privacy practices of such third party websites. Eldor-Wal encourages users to review the privacy policies and terms of use of any linked third party websites before navigating any such website or disclosing any personal information online.

Nevertheless, Eldor-Wal seeks to protect the security, integrity and reliability of the Services and therefore welcomes any feedback regarding links to third party websites contained on the Website (including without limitation if a specific link does not function).

  1. Indemnification

You agree to indemnify, hold harmless, and defend Eldor-Wal, and its affiliates and licensors, and each of their respective officers, directors, contractors, agents, employees, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services (including, without limitation, your use of any Eldor-Wal content), (ii) your online conduct in connection with the Services, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without the prior written consent of the Services. These obligations will survive any termination of these Terms.

  1. Integration and Severability

These Terms and your Enrollment Agreement constitute the entire agreement between Eldor-Wal and you, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

If there is any conflict between the terms of this Agreement and your Enrollment Agreement, the terms of the Enrollment Agreements shall govern.

  1. Fees

You are responsible for paying all fees associated with the use of the Services on or before the due date for such fees.

  1. Unpaid Accounts

Eldor-Wal, at its sole discretion, reserves the right to restrict or terminate your use of Services at any time, with or without notice, effective immediately in the event that Eldor-Wal determines that you have failed to pay all fees associated with the use of Services when due.

  1. Payment Concerns

If you have any concerns regarding charges to your account, you have 30 days from the date of the charge to dispute it. Please contact Eldor-Wal at mail@eldorwal.com regarding any questions concerning your account.

  1. Canceling Service

You may cancel your online account and terminate this Agreement at any time. To cancel your account please contact us directly at mail@eldorwal.com.

  1. Order Retention

Your online orders will be retained by Eldor-Wal in your account for a period of one year after the date ordered after which time they will be archived. You should print a copy of any orders and retain them for your records if you require this information outside of the one-year period.

  1. Modifications to the Service and Prices

Eldor-Wal reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice.

Prices of all Services are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes on our site.

Eldor-Wal shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Eldor-Wal Services.

  1. No Resale of the Services

Your right to access and use the Services is personal to you and subject to the usage license as provided under the Enrollment Agreement you have entered into. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services to any third party.

  1. No Spam

You agree not to use unsolicited e-mail, usenet, message board postings, or similar methods of mass messaging (spam) to communicate with other users of the Services or with any persons who have not consented to receive such communications from you. We reserve the right to immediately terminate the user account of any Services who sends unsolicited e-mail to other users based on information available to users through the Services. In addition, you may be subject to provincial or state and/or federal penalties and other legal consequences under applicable law if you send unsolicited e-mail. This Anti-Spam Policy is intended to protect our users, the Internet, and Eldor-Wal.

  1. No Hacking

If you use, or attempt to use the Services for other purposes including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Services, your user account will be terminated and you will be subject to damages and other penalties, including criminal prosecution where available.

  1. Correct E-mail

You agree that you have access to the Internet and to a current e-mail address. You have sole responsibility for providing Eldor-Wal with a correct and operational e-mail address. Eldor-Wal will not be liable for any undelivered e-mail communications or any costs you incur for maintaining Internet access and an e-mail account. You must promptly notify Eldor-Wal of any change in your e-mail or postal mailing address.

  1. Electronic Notices

To the fullest extent permitted by applicable law, this Agreement and any other agreements, notices or other communications regarding your user account and/or your use of the Services ("Notices"), may be provided to you electronically and you agree to receive Notices in an electronic form. Electronic Notices may be posted on the pages within the Services and/or delivered to your e-mail address. You should print a copy of any Notices and retain it for your records. All Notices in either electronic or paper format will be considered to be in "writing," and to have been received no later than five (5) business days after posting or dissemination, whether or not you have received or retrieved the Notice. Eldor-Wal reserves the right but assumes no obligation to provide Notices in paper format. Your consent to receive Notices electronically is valid until you revoke your consent by notifying Eldor-Wal of your decision to do so, by sending an e-mail message to lmanca@eldorwal.com or by telephoning Eldor-Wal Support. If you revoke your consent to receive Notices electronically, Eldor-Wal may terminate your right to use the Services.

  1. No Refund Policy

All services provided by Eldor-Wal are provided on a non-refundable basis. Customer agrees not to charge back any credit card payments for services rendered. Should you require to cancel a service request before it has been processed by our office, contact us at 780.429.5969 during business hours. If the service can be cancelled, it will be, and you will not be charged for the service requested. Should the service request not be able to be recalled, you will be charged for such services. In the event of a data entry error on the part of Eldor-Wal Registrations, contact us at 780.429.5969. We will re-submit the request for processing, and provide such results to you at no charge when possible. The original service request fee will not be refunded.

  1. No Waiver

Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.

  1. Termination

Eldor-Wal may terminate these Terms and Conditions of Use, including any licenses contained herein, at any time and also may terminate your access to and use of the Services or the Material if Eldor-Wal determines, in its sole discretion that you have failed or refused to comply with any or all of these Terms and Conditions of Use (“Termination”).

Upon Termination, you must cease to access and/or use the Services and the Material. This includes, without limitation, the obligation to destroy all Material, and all related documentation and all copies thereof, which you obtained from the Services, whether under these Terms and Conditions of Use or otherwise, and the obligation to take any additional or alternative reasonable steps that Eldor-Wal may direct in respect of the Termination.

  1. Governing Law

These Terms and Conditions of Use and the access to and use of the Services and the Material shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein. You agree to submit and atone to the exclusive jurisdiction of the Courts of the Province of Alberta.

  1.            Contact Information

For more information about these Terms and Conditions of Use or any information or questions regarding the Services, please contact: Eldor-Wal at 780.429.5969 or mail@eldorwal.com .