2. Ekologix reserves the right, in its sole discretion, to change, modify, add, or remove all or part of these Terms, including but not limited to, any term, policy, or guideline, at any time without notice or acceptance by You. You can review the most current version of these Terms at any time at www.ekologix.co.nz on the “Terms” page. Regardless of whether Ekologix has provided You notice, Your continued use of the Ekologix Web site following Ekologix’s notice or posting of changed Terms will constitute Your acceptance of such changes. It is Your responsibility to check regularly for changes to the Terms.
3. By continuing to use this Web site, You agree to be bound by and accept these Terms, and agree to provide true, accurate, current and complete information in any response that You provide to Ekologix. You agree to maintain and update Your Information to keep it true, accurate, current, and complete. If You are dissatisfied with the Ekologix Web site, or any of the Terms, guidelines, policies, practices of Ekologix, or if any future changes are unacceptable to You, Your sole remedy is to discontinue use of the Ekologix Web site.
4. All information, content and material (“Content”) made available by Ekologix through this Web site is owned by or licensed to Ekologix. Ekologix and its licensors retain all rights in this Content. All Content, including but not limited to the Site design, text, drawings, photographs, graphics, sound recordings and video recordings are protected by copyrights owned by Ekologix or its licensors. The Content and any and all such copyrighted material may not be modified, copied, distributed, downloaded, displayed, e-mailed, transmitted or sold in any form or by any means, in whole or in part, without the prior written consent of the respective copyright owner. You may not, for commercial purposes, publish, transmit reproduce or distribute any Content, except as expressly permitted by Ekologix, or the provider of such information or other material. You expressly agree to respect all copyright, trademark and proprietary rights of Ekologix (Ekodeck) and its dealers, distributors, and/or contractors. The organization, manner of presentation and screen designs of the Ekologix Web site are the sole property of Ekologix and may not be reproduced without the express written consent of Ekologix. Ekologix expressly reserves all rights in its copyrights, trademarks, trade names, and other proprietary information set forth on the Ekologix Web site.
5. By continuing to use this Web site, You agree to receive communications related to Ekologix and Ekodeck® products (“Product Updates”). Product Updates may include information about products from Ekologix’s and Ekodeck’s authorized dealers, distributors or contractors, or other related products and services. You will have the opportunity to opt-out of Product Updates by clicking on unsubscribe links or by following unsubscribe instructions within the communication.
7. It is solely Your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, products, services or other information, and the quality and merchantability of all merchandise provided through the Ekologix Web site. Descriptions of or references to products, services or publications within the Ekologix Web site do not imply endorsement of that product, service, or publication.
8. While using the Ekologix Web site, You may not: (a) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind, including without limitation, any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation in Australia and its’ Territories export control laws and regulations and federal and state antitrust laws; (b) post or transmit any information or software that contains a virus, Trojan Horse, worm, or other harmful component; (c) post, publish, transmit, reproduce, distribute, or in any way exploit any information, product or other material obtained through the Ekologix Web site for commercial purposes (other than as expressly permitted by Ekologix or the provider of such information, product or other material); or (d) upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Ekologix Web site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or holder.
9. Upon clicking on a hyperlink button on the Ekologix Web site, You will leave the Ekologix or Ekodeck Web site, and Ekologix is expressly not responsible for the content at any hyperlinked web site. Ekologix and Ekodeck authorized dealers, distributors or contractors are independently owned and operated, and are neither affiliated with nor agents or representatives of Ekodeck. As more fully set forth below, Ekologix makes no representations or warranties as to, and accepts no duty or responsibility for, the performance, acts or omissions of such parties.
10. With respect to content on the Ekologix Web site or other hyperlinked web site, You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, dealer, distributor, or contractor information, or other materials (collectively, “Content”), are the sole responsibility of the person or entity from which such Content originated. Ekologix does not control the Content posted by its dealers, distributors, contractors, or agents, and as such, does not guarantee the accuracy, integrity or quality of such Content.
11. You acknowledge that Ekologix does not pre-screen Content, but that Ekologix and its designees shall have the right (but not the obligation) in Ekologix’s sole discretion to refuse or remove any Content that is made available on the Ekologix Web site.
12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EKOLOGIX WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EKOLOGIX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EKOLOGIX DOES NOT WARRANT OR REPRESENT THAT: (A) ANY MATERIAL, RESULTS, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE EKOLOGIX WEB SITE OR OTHER HYPERLINKED WEB SITE WILL BE ACCURATE OR RELIABLE; (B) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE EKOLOGIX WEB SITE OR OTHER HYPERLINKED WEB SITE WILL MEET YOUR EXPECTATIONS; (C) THAT ANY ERRORS, MISSTATEMENTS OR PROGRAMMING DEFECTS IN THE EKOLOGIX WEB SITE WILL BE CORRECTED; OR (D) THAT ANY ACCESS TO THE EKOLOGIX WEB SITE OR INFORMATION OR OTHER MATERIAL ACCESSIBLE ON THE EKOLOGIX WEB SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL ELEMENTS. EKOLOGIX ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
13. YOU EXPRESSLY AGREE THAT YOUR USE OF THE EKOLOGIX WEB SITE AND ANY MATERIAL, RESULTS, INFORMATION, AND/OR DATA DOWNLOADED OR OTHERWISE USED OR OBTAINED THROUGH THE USE OF THE EKOLOGIX WEB SITE OR OTHER HYPERLINKED WEB SITE, IS DONE AT YOUR OWN DISCRETION AND RISK. YOU FURTHER AGREE TO ASSUME TOTAL AND SOLE RESPONSIBILITY FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OR OTHER USE OF SUCH MATERIAL, RESULTS, AND/OR DATA.
14. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EKOLOGIX AND ITS AFFILIATES, OR OTHER PARTNERS, AGENTS, OR CONTRACTORS, SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, THAT RESULT FROM: (A) THE USE OR INABILITY TO USE THE EKOLOGIX WEB SITE; (B) ERRORS, DEFECTS, OMISSIONS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY OTHER FAILURE OF PERFORMANCE OF THE EKOLOGIX WEB SITE; OR (C) YOUR RELIANCE ON OR USE OF ANY DATA, INFORMATION, MATERIAL, OR PRODUCTS OBTAINED FROM OR PROVIDED THROUGH THE EKOLOGIX WEB SITE OR OTHER HYPERLINKED WEB SITE.
15. These Terms between You and Ekologix shall be governed by the laws of the Commonwealth of Australia without regard to its conflict of law provisions. You and Ekologix agree to submit to the sole and exclusive personal jurisdiction of the federal and state courts located within the Commonwealth of Australia for any dispute arising from, or related to, these Terms. The failure of Ekologix to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16. These Terms constitute the entire agreement governing the use of the Ekologix Web site, superseding any prior versions of the Terms. If any provision of these Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, You and Ekologix nevertheless agree that the court should endeavor to give effect to Ekologix’s intention as reflected in the provision, and the other provisions of these Terms remain in full force and effect.