Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AS THEY CONTAIN THE LEGAL TERMS THAT GOVERN YOUR USE OF THE EAP SURVEYS, INCLUDING BUT NOT LIMITED TO eapsurveys.com (COLLECTIVELY, "EAP SURVEYS WEBSITES" AND EACH A "WEBSITE").
and the terms and conditions set out below (collectively, the "Terms and Conditions"). If you do not agree with these Terms and Conditions, please do not access or use the EAP SURVEYS Websites.
We reserve the right to change these Terms and Conditions from time to time by updating this posting. Please check the Terms and Conditions periodically for changes. Your continued use of the EAP SURVEYS Websites following the posting of these Terms and Conditions will mean you accept those changes.
The use of the Site is solely for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site. Without limiting the generality of the foregoing, without the advance express written permission of EAP SURVEYS you may not ‘meta-search' the Site, send, or cause to be sent, any automated queries of any sort to the Site, or use the Site in any other commercial manner.
No Unlawful or Prohibited Use
As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Without limiting the generality of the foregoing, you may not use the Site in any manner that could damage, disable, overburden, or impair the Site or any Content or Service (or the network(s) connected to the Site) or interfere with any other party's use and enjoyment of any part of the Site or any Content or Service. You may not attempt to gain unauthorized access to the Site or any Content or Service, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.
Restrictions on Use of Materials
The EAP SURVEYS Websites and their contents are the property of EAP SPECIALIST INC. ("EAP SURVEYS") or its licensors and are protected, without limitation, pursuant to Canadian and foreign copyright and trademark laws.
Reproduction, duplication, or distribution of the EAP SURVEYS Websites and/or all or any part of their contents for anything other than your personal, non-commercial use is a violation not only of these Terms and Conditions but also of copyright and trademark laws (unless you have written permission from EAP SURVEYS). The content on the EAP SURVEYS Websites is made available to you for non-commercial, personal, or educational purposes only. The content may not be modified in any manner and the intellectual property notice must be included on every display and copy of the content. No other use is permitted. Nothing contained herein shall be construed as conferring any right under any copyright of EAP SURVEYS or any other person who owns the copyright in the content provided on the EAP SURVEYS Websites.
All trademarks and trade names are trademarks or registered trademarks of EAP SURVEYS or its affiliated companies or are the trademarks of their respective owners. The display of trademarks or trade names on each of the Websites does not convey or create any license or other rights in these marks or names. Any unauthorized use of these trademarks and trade names is strictly prohibited.
Jurisdiction and Governing Law
The EAP SURVEYS Websites are controlled and operated by EAP SURVEYS. Its offices are located in Ontario, Canada. If you choose to access these Websites from another location, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of Ontario, Canada, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or in connection with these Terms and Conditions or the EAP SURVEYS Websites shall be filed only in the provincial or federal courts located in Ontario, Canada and hereby submit to the nonexclusive jurisdiction of such courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the EAP SURVEYS Websites or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Except where prohibited by applicable law, you agree to waive any right you may have to commence or participate in any class action against us related to any claim and, where applicable, you also agree to opt out of any class proceedings against us.
Links to Third Party Sites
Users may, through hypertext or other computer "links," gain access to other sites on the Internet which are not part of the EAP SURVEYS Websites and which are not controlled by EAP SURVEYS. EAP SURVEYS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EAP SURVEYS of the site. EAP SURVEYS ASSUMES NO RESPONSIBILITY FOR ANY MATERIAL OUTSIDE OF THE EAP SURVEYS WEBSITES WHICH MAY BE ACCESSED THROUGH ANY SUCH LINK.
Unless otherwise indicated on a Website, EAP SURVEYS is not sponsored by or affiliated with the linked sites, and trademarks used in connection with linked sites are not trademarks of EAP SURVEYS.
Payment for Services
Some Content and/or Services on the Site may be offered to you conditioned on your purchase of a subscription and/or the payment of fees. If you elect to purchase subscription -based or fee-based Content or Services and transmit to EAP SURVEYS a subscription purchase request or subscribe for fee-based services, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. Your subscription is personal to you, and you may not transfer or make available your account name and password to others, including without limitation other individuals and/or corporations or legal entities. Any distribution by you of your account name and/or password is a breach of this agreement, and in addition to all other legal consequences may result in cancellation of your subscription without refund and, in addition, charges based on unauthorized use.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, EAP SURVEYS IS PROVIDING THE EAP SURVEYS WEBSITES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN ANY CONNECTION WITH THE EAP SURVEYS WEBSITES, THEIR CONTENTS, OR ANY WEB SITE OR CONTENTS WITH WHICH IT IS LINKED. EAP SURVEYS DOES NOT WARRANT THAT THE FUNCTION OF THE EAP SURVEYS WEBSITES OR THEIR CONTENTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EAP SURVEYS WEBSITES OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EAP SURVEYS BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, OR FOR ANY DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION ANY COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES), EVEN IF EAP SURVEYS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE EAP SURVEYS WEBSITES, THEIR CONTENTS, OR ANY WEBSITE OR CONTENTS WITH WHICH IT IS LINKED. IN NO EVENT SHALL EAP SURVEYS'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE.