1. Continuing agreement.
2. Use of site and site materials.
4. User submitted content.
From time to time, this web site may allow users to post text, images, audio, video, links to other sites, or other content to the web site. As a consequence, you may see on this web site materials that have been submitted by individuals not affiliated with EOS. Neither EOS nor any of its affiliates endorses these individual users nor is EOS associated with any of the materials that the users may post on this web site or link to from this web site. Neither EOS nor its affiliates (nor their respective officers, employees, or agents) shall have any responsibility or liability of any nature whatsoever arising in connection with any materials provided by these individual users or in connection with any conduct of these individual users.
5. Submissions/postings/sample promotions.
You retain copyright and any other rights you hold in the information, data, photographs, comments, suggestions, graphics, ideas, and other information or materials you submit through this web site (“Content”). By submitting, sharing, uploading, posting or displaying the Content you give EOS a worldwide, royalty-free, and non-exclusive license for any purpose whatsoever to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, share, upload, post or display on or through the web site. This means that you acknowledge EOS’s unrestricted right to use the Content (and materials or ideas similar to the Content) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means EOS has no obligation to keep your submissions confidential.
You confirm and warrant to EOS that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post or display Content on or through the web site that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit, share, upload, post or display the Content and to grant EOS all of the license rights granted in this Section.
EOS may, but is under no obligation to, monitor or review Content and assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not, while using the web site, distribute viruses or other harmful content.
6. Geographic scope of site.
This web site is controlled and operated from within the United States of America. Unless otherwise specified on or by this web site, this web site is intended to promote only those EOS products that are sold by EOS in Canada and in the United States and its territories, and EOS makes no representation that materials in this web site or the products described thereby are appropriate or available for use in other locations. All visitors to this web site are responsible for compliance with all local laws applicable to them with respect to the content and operation of this web site.
7. Links to other sites.
For your convenience and enjoyment, this web site may provide links to other web sites and/or make available third party applications. These links and applications do not mean that EOS endorses, approves or sponsors any information available at the linked site or application, or any products that may be sold through a linked site, nor is EOS liable for any damage that might result from your use of such information or products.
8. Contents of the web site -disclaimer.
The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, eos disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. EOS does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. EOS undertakes no obligation to verify or maintain the currency of such information.
9. Operation of the web site -disclaimer.
EOS endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, EOS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. EOS makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not EOS) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.
10. Limitation of liability.
Under no circumstances shall eos be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the web site or information available in the web site. eos shall not be liable even if EOS or an eos authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
11. Limitations as to paragraphs 8, 9 and 10.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall eos’s total liability to you for damages, losses, and causes of action (whether in contract, tort including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
14. Availability of help.
This web site may provide a Help file or other instructions for the use of this web site. However, you understand that EOS is under no obligation to provide any support for the use of the web site.
15. Applicable law; jurisdiction.
17. No waiver.
18. No legal effect.