1. DEFINITIONS

Editorial Content : means all information made available to Users by ECKERT MATHISON.

Personal Data : means the personal information that the User has registered when subscribing to the Document Download Service offered by ECKERT MATHISON (i.e., access to .pdf documents) and/or provided when using the contact forms.

Intellectual Property Rights : means content, resources, publications, copyrights, designs, patents, database rights or any other intellectual property rights used by ECKERT MATHISON and necessary for its activities as a service provider.

Form : means the registration or information request form that the User may complete in order to benefit from certain ECKERT MATHISON services after having read these Terms of Use.

Hypertext link : refers to the referencing system materialized by a word, an icon, or a logo that allows a mouse click to move from one document to another on the same website or from one page of a website to the page of another website.

Services : means all services, including Document Download Services, offered by ECKERT MATHISON to Users through its website www.eckertmathison.com.

Website : means the Internet site made available to the public via the Internet at the URL addresses https://wwweckertmathison.com

User : means the natural person of legal age and capacity who uses the Services offered

 

ECKERT MATHISON

2. Purpose

The purpose of these Terms of Use is to define the terms and conditions under which ECKERT MATHISON provides the Services to Users. Any use of any of the Services offered by ECKERT MATHISON shall be in accordance with these Terms of Use.

3. ACCEPTANCE OF THESE GENERAL TERMS OF USE

The User declares that he/she has read and expressly and unconditionally accepted these Terms and Conditions of Use in force on the day of access to its website and subscription to the Services offered by ECKERT MATHISON.

ECKERT MATHISON reserves the right to modify these Terms of Use in whole or in part at any time. Accordingly, it is the User’s responsibility to regularly refer to the latest version of the Terms and Conditions of Use available at all times on the ECKERT MATHISON Website. Any use of the Services after modification of the General Terms and Conditions of Use, implies pure and simple acceptance by the User of the new General Terms of Use.

4. INTELLECTUAL PROPERTY RIGHTS

ECKERT MATHISON is the owner of, or the holder of the rights to, all material on this site, including but not limited to data, drawings, graphics, photographs and sound recordings, which are protected by intellectual property laws and no license to use them is granted to the user.

Any reproduction, representation, distribution or redistribution, in whole or in part, of the content of this site by any means whatsoever without the express prior consent of ECKERT MATHISON is prohibited and would constitute an infringement punishable by the applicable legislation on Intellectual Property.

The trademarks of the publisher of the site www.eckertmathison.com and its partners, as well as the logos appearing on the site are registered trademarks.

Any reproduction, in whole or in part, of these trademarks or logos, made from elements of the site without the express authorization of ECKERT MATHISON is therefore prohibited in accordance with the legislation on intellectual property.

5. RESPONSABILITY

The User expressly acknowledges that he/she must exercise good judgment in the use of the Editorial Content and bear all related risks, and in particular when relying on the timeliness, usefulness, or completeness of this Editorial Content, and carry out any verification under his/her responsibility.

The ECKERT MATHISON team takes all the care it deems necessary in the constitution of the Editorial Content. However, ECKERT MATHISON makes no warranty as to the reliability of the information in the Editorial Content. ECKERT MATHISON shall not be liable for any damages resulting from the use by the User for any purpose whatsoever of the information constituting the Editorial Content.

The ECKERT MATHISON Website contains hyperlinks to Websites operated by third parties. ECKERT MATHISON has no control over such sites and assumes no responsibility for their content. The inclusion of these links does not imply that ECKERT MATHISON endorses the material contained on those sites. ECKERT MATHISON is not responsible for the content of these sites, and ECKERT MATHISON is not responsible for the fact that these sites are referenced on the ECKERT MATHISON Site. ECKERT MATHISON therefore makes no warranty regarding :

– the veracity, topicality, quality, completeness, and comprehensiveness of the content of the indexed websites;

– the relevance and completeness of the indexed websites;

– difficulties in accessing and operating these websites.

The User acknowledges that:

– The use of the Services is at the user’s own risk, particularly with regard to the downloading of data, files, or software that could damage the user’s computer. In particular, ECKERT MATHISON shall not be liable for any loss of data, viruses, computer bugs or damage to its computer;

– ECKERT MATHISON does not guarantee the suitability of the Services offered to the User’s needs;

– ECKERT MATHISON does not warrant the quality and/or legality or legal compliance of content not created by ECKERT MATHISON, including, without limitation, content, and opinions expressed by the User or disseminated on external sites accessible through a Hyperlink;

– ECKERT MATHISON shall not be liable for the disclosure of data by the User in violation of any rights, including proprietary rights, held by third parties;

– ECKERT MATHISON shall not be liable for any damages resulting from technical causes, including but not limited to the unavailability of its Website and any defect in its operation;

– ECKERT MATHISON shall not be liable for any direct or indirect damages such as financial loss, loss of profit, trouble of any kind that may result from the use or inability to use the services offered.

In addition, the user indemnifies ECKERT MATHISON against any claim or action brought against it for any reason whatsoever, and more generally in connection with the input of data or information, by any person who believes that he or she has been harmed by the posting of such data or information on the Website and undertakes to indemnify it against all judicial and extra-judicial costs that may result.

6. ACCEPTANCE OF INTERNET RISKS

The User declares that he/she is familiar with the Internet, its characteristics and limitations and in particular acknowledges:

– That the Internet is an open network not controllable by ECKERT MATHISON and that the exchanges of data circulating on the Internet benefit only from a relative reliability, and are not protected in particular against the risks of diversions or possible pirating;

– That the communication by the User of information of a sensitive nature is therefore made at his/her own risk;

– To be aware of the nature of the Internet network and in particular of its technical performance and response times for consulting, querying or transferring information data.

ECKERT MATHISON cannot guarantee that the information exchanged will not be intercepted by third parties, and that the confidentiality of exchanges will be guaranteed.

ECKERT MATHISON informs the User of the existence of rules and practices in force on the Internet known as Netiquette as well as various codes of conduct and in particular the Internet Charter accessible on the Internet.

7. ACCESSIBILITY TO SERVICES

ECKERT MATHISON makes every effort to keep its website accessible 24 hours a day, 7 days a week, but may interrupt access for maintenance, upgrades or other technical or other reasons. ECKERT MATHISON shall not be liable for any such interruptions and the consequences thereof for the User.

ECKERT MATHISON reserves the right to deny any user access to all or part of the ECKERT MATHISON Website unilaterally and without prior notice, including in the event of a clear violation of these General Terms of Use.

The User acknowledges that ECKERT MATHISON shall not be liable for any direct or indirect damages arising out of the User’s termination of access to the ECKERT MATHISON Website.

8. CONDITIONS OF ACCESS TO SERVICES

8.1 CONDITIONS OF ACCESS TO FREE SERVICES

Access to the Editorial Content of the ECKERT MATHISON Website is completely free.

8.2 CONDITIONS OF ACCESS TO FREE DOCUMENT DOWNLOAD SERVICES

The use of the Document Download Services requires the User to comply with a registration procedure whereby the User must provide his/her contact details. The User undertakes to ensure that the information provided, in particular personal information, is accurate, complete and up to date and to make the necessary changes to this end.

In return for the free provision of specific services such as the free download of white papers and model specifications, you agree, as a USER, to receive at most once a week, a commercial offer by email sent by www.eckertmathison.com or its partners.

You can object to receiving such offers at any time. Each advertising message contains a link allowing you to stop the sending and unsubscribe.

As part of this procedure, the User declares that he/she has read and expressly accepted the present General Terms of Use in force on the day of subscription to the Download Services by clicking on the icon entitled “Download”. Any acceptance expressed by the User by a click is equivalent to a handwritten signature. By making this click, the User is deemed to have given his irrevocable consent.

9. PERSONAL DATA

ECKERT MATHISON collects information provided by Users through a Form or sent directly by Users to better understand them and to provide them with ECKERT MATHISON Services.

ECKERT MATHISON respects the confidentiality obligations established by applicable laws in its operations, and also applies them in its management of information related to or collected by the site.

10. APPLICABLE LAWS

These Terms and Conditions shall be governed by the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. In the event of a dispute relating to this contract, exclusive jurisdiction is given to the courts of the judicial district of Montreal, province of Quebec. All users consent to the jurisdiction of the courts of this province in all matters relating to the content and use of the site or remedies arising therefrom.

 

CONTACT INFORMATION

ECKERT MATHISON, a brand of the PERCY MILLER INC group

400 Blvd. De Maisonneuve West Suite 850 Montreal H3A 1L4 Quebec, Canada

Tel Canada: +1 514 846-98 56

Tel France: +33 1 83 81 80 91

Fax: +1 514 908-7572