Terms of Use

Your access to and use of this website (the “Website”) is subject to the following terms and conditions (the “Terms of Use”) which by accessing and browsing this Website you accept without limitation. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately.

Ownership

This Website is owned and operated by ESKA Inc. (“ESKA”). All works (including but not limited to data, graphics, photographs, text, images, audio, video, trade-marks, service marks, trade names and other information) contained in this Website (collectively, the “Content”) are owned by ESKA, its subsidiaries or affiliates, or their respective licensors.

Restrictions on Use

None of the Content may be copied, distributed, displayed, reproduced, transmitted, used to create derivative works, published, posted, transferred, sold or modified by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of ESKA or the applicable licensors, except for personal or internal use.

Links

Links to third party websites do not constitute endorsement of that website or of any products, services or other materials on that website. ESKA does not assume any liability or responsibility whatsoever for their contents. You should review the privacy policies and terms of use of such third party websites, as ESKA is not responsible for them.

Interactive Content and User Conduct

ESKA may from time to time monitor or review posting or other transmissions on this Website. However, ESKA does not have any obligation to do so and assumes no responsibility or liability arising from any contents or viruses transmitted through such activity. Postings or transmitting any virus, or any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory or pornographic material or any material that could constitute or encourage a violation of any law, is prohibited.

Any postings or other transmissions to this Website will be deemed to be non-confidential and a license will be deemed to have been granted to ESKA, its subsidiaries and affiliates to use such postings or transmissions. Any personal information contained in a posting or transmission will be collected, used and disclosed by ESKA in accordance with ESKA’s Privacy Policy.

ESKA reserves the right to edit or remove any posted materials. ESKA may cancel any of your registrations on this Website at any time, without notice or liability, in the event of production or other unanticipated problems, irregularities or technical corruptions, including a virus or other technical problem, or for any other reason.

As a condition of your continued access to and use of this Website, you agree to abide by the Terms of Use and all applicable federal, provincial, territorial and other laws and regulations.

Disclaimer

ESKA makes efforts to ensure that the Contents that are posted by ESKA are reliable, but inaccuracies may occur from time to time. ESKA disclaims any representations and warranties, express or implied, in connection with the Contents or use of this Website.

Limitation of Liability

ESKA will not be liable for any direct, indirect, special, incidental or consequential damages, whether in contract (including fundamental breach), tort (including negligence) or otherwise, that may arise as a result of the use of, or any information contained on, this Website or for any faulty electronic data submission, equipment failure or other online communication problems, including download problems and viruses.

Indemnification

By using or making any submissions to this Website, you agree to indemnify, defend and hold harmless ESKA, its subsidiaries and affiliates and ESKA’s promotional partners from all damages, costs and expenses, including reasonable lawyer’s fees and costs arising out of all claims, challenges or actions related to your use or submissions, including, without limitation, claims for infringement of intellectual property rights, libel, defamation or any breach of these Terms of Use. You agree to use best efforts to cooperate with ESKA in the defence of any claim. ESKA reserves the right, at your expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

Changes and Termination

ESKA reserves the right from time to time to modify or discontinue, temporarily or permanently, the Website or any part thereof without notice. ESKA reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use. Continued use of the Website after any such changes will constitute your consent to be bound by such changes, with continued provision of the use of the Website constituting consideration from ESKA to you for being so bound.

Privacy

ESKA respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

Governing Law

These Terms of Use will be governed by and construed in accordance with the laws of Ontario and Canada applicable therein. To the extent permitted by law, any legal action concerning these Terms of Use must be brought within one (1) year after the claim or cause of action arises and must be brought in the Province of Ontario.

If you have any questions or comments regarding this Website, please contact us at: 25 Adelaide Street East, Suite 1000, Toronto, Ontario M5C 3A1 or 1-866-434-3752 or e-mail us at info@eskawater.com.