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The Content on this Web site is limited to bona fide actual and prospective authorized users of Evichat’s software products and related documentation (“Products”). In addition, you may not: (a) decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Web site or the Content; (b) use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; (c) use any robot, spider, other automatic software or device, or other process to monitor or copy our Web site or the Content; (d) use this Web site to transmit any false, misleading, disparaging, fraudulent or illegal communications; (d) copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Web site, except for authorized downloads of Products by parties with valid Product licenses from Evichat. You may not use or otherwise export or re-export this Web site or any portion thereof, or the Content in violation of the export control laws and regulations of Canada or the United States of America. Any unauthorized use of this Web site or its Content is prohibited.
The following terms apply to interactive areas of this Web site (the “Interactive Areas”), which includes, without limitation, “Q/A,” “Collaborative,” and “FAQ” sections, and any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and other interactive features: a. Postings to be in Your Name. Your Postings shall be accompanied by your real name and email address and shall not be posted anonymously, and we may require that you identify the name of the organization(s) for which you work or are affiliated. Participants in Interactive Areas shall not misrepresent their identity or employer, or their affiliation with any person or entity. b. Postings to be Lawful and Proper. Any Content you provide in Postings must be limited to relevant technical questions and information relating to the Products and other appropriate Third Party Items as described below. Without limiting the generality of the foregoing, you shall not post, publish, upload or distribute any Postings which are unlawful, improper or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, disparaging, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, provincial, federal or international law, or the regulations or rules of any securities exchange, intentionally or unintentionally. c. Recommending Third Party Items; No Soliciting or Promoting For Gain. Postings should be made on a voluntary, collaborative, basis among fellow colleagues and professionals in the community of Product users without an expectation of economic gain. You may Post your own or recommend other parties’ Third Party Items and their web sites if they contain helpful technical information for users of the Products, so long as you have no economic interest in and receive no direct or indirect benefit from such Posting or recommendations. In no event may any person or organization solicit anyone with information retrieved from this Web site, or distribute on or through this Web site or any Postings, any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any organization without the express written authorization by Evichat. d. Your Obligations for Postings; No Evichat Obligation to Monitor Postings. You are required to take reasonable steps to ensure that your Postings (including your own Third Party Items) are accurate and will not contain or cause errors or problems, and to update your Postings when you learn they are inaccurate or may contain or cause errors or problems. Evichat has no obligation to monitor or screen Postings and is not responsible for the Content in such Postings or any other content linked to or from such Postings. Evichat however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and delete or remove Postings, at any time and for any reason or no reason and without notice or permission. e. No Partnerships; No Liability for Third Party Items. The availability of Third Party Items on interactive areas of the website in no way implies or creates any partnership, joint venture, agency, or other relationship between Evichat and any Third Party. Third Party Items are provided on this Web site by third parties over which Evichat has no control. Third Party Items may also be accessible via links or downloads from this Web site, and may be referred to in other Third Party Items. Evichat disclaims all liability for any Third Party Items you may view or download from this Web site or otherwise receive, or any actions you may take or refrain from taking as a result of viewing, downloading or otherwise receiving any Third Party Items. You (and your organization) are solely responsible for verifying the identity, trustworthiness and quality of the third party source and content before downloading any Third Party Items, running virus and security programs as appropriate, and performing tests and pilots before using or deploying Third Party Items. Evichat assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or Content of any Third Party Items. Evichat shall not be responsible for and assumes no liability for any infringement, defamation, disparagement, falsehood, or any other objectionable material contained in any Third Party Items. You understand that the information and opinions in Third Party Items are neither endorsed by nor does it reflect the belief or opinion of Evichat. Further, information and opinions provided by employees and agents of Evichat in Interactive Areas are not necessarily endorsed by Evichat and do not necessarily represent the beliefs and opinions of Evichat. As used herein, “Third Party Items” means any communications, products or other information or items provided by any third party directly or indirectly in connection with this Web site, including but not limited to third party Postings and other Content (which may include software scripts, objects, applications, programs and other items).
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The parties who are referred to as “Partners” herein or on Evichat’s websites are NOT partners of Evichat in any legal sense, and instead are only acting as independent contractors in making Evichat’s products available to their end customers. NEITHER THE USE OF THE TERM “PARTNERS” NOR THE ACTIONS OF ANY PARTY, NOR ANY STATEMENTS REGARDING “PARTNERS” OR A “PARTNERSHIP” HEREIN OR ON EVICHAT’S WEB-SITES, IN ITS MARKETING MATERIALS OR OTHER DOCUMENTATION, OR MADE IN ANY COMMUNICATIONS BETWEEN ANY PARTIES SHALL BE INTERPRETED AS CREATING AN ACTUAL OR IMPLIED PARTNERSHIP, JOINT VENTURE, AGENCY OR OTHER RELATIONSHIP.
THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND POSTINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. EVICHAT DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR THE CONTENT OR POSTINGS WILL BE ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE. EVICHAT DOES NOT WARRANT OR REPRESENT THAT THE CONTENT OR POSTINGS AVAILABLE ON OR THROUGH THIS WEBSITE WILL BE CORRECT, ACCURATE, TIMELY, OR OTHERWISE RELIABLE. EVICHAT MAY MAKE IMPROVEMENTS AND/OR CHANGES TO ITS FEATURES, FUNCTIONALITY OR CONTENT OR POSTINGS AT ANY TIME. EVICHAT, FOR ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EVICHAT DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, AND THE POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD PARTY ITEMS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, OR THE POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS WEBSITE, THE INTERACTIVE AREAS, CONTENT, OR POSTINGS.
EVICHAT AND ITS LICENSORS AND SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM USE OF THIS WEBSITE, THE CONTENT, THE POSTINGS, THE INTERACTIVE AREAS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD PARTY ITEMS. EVICHAT SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LAWYERS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE, THE INTERACTIVE AREAS, THE CONTENT, THE POSTINGS, OR ANY THIRD PARTY ITEMS. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, EVICHAT’S SOLE OBLIGATION FOR DAMAGES TO YOU OR YOUR ORGANIZATION OR ANY OTHER PARTY CLAIMING BY OR THROUGH YOU SHALL BE LIMITED TO CAD$500.00 IN THE AGGREGATE.
The provisions of paragraphs 8 (Disclaimer), 9 (Limitation of Liability), and 10 (Indemnification) are for the benefit of Evichat and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Web site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
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