Terms

1. Use License

a) Grant of License: We grant you a revocable, non-exclusive, non-transferable, limited license to access and use the Website strictly in accordance with these Terms.

b) Restrictions: You agree not to:

• 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 Website.
• Use the Website for any commercial purpose, or for any public display (commercial or non-commercial).
• Attempt to decompile or reverse engineer any software contained on the Website.
• Remove any copyright or other proprietary notations from the materials on the Website.
• Transfer the materials to another person or "mirror" the materials on any other server.
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability.

Use of the Website in violation of these restrictions constitutes a breach of these Terms and may result in termination or suspension of your use and further legal action.

2. User Contributions

The Website may allow you to post, submit, publish, display, or transmit to other users or other persons content or materials ("User Contributions") on or through the Website.

By providing any User Contributions on the Website, you represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the license granted below to us and our affiliates and service providers.
• All of your User Contributions do and will comply with these Terms.

You grant to us, our affiliates, and service providers, and each of their and our respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Website, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.

3. Privacy Policy

Please refer to our Privacy Policy for detailed information on how we handle user data and personal information.

4. Disclaimer of Warranties

The Website and its content are provided on an 'as is' and 'as available' basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, we do not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this site.

5. Limitation of Liability

In no event shall we or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the Website, even if we or a we authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Intellectual Property Rights

The content on the Website, including but not limited to the text, graphics, images, logos, and software, is owned by us or its licensors and is protected by the jurisdiction of the province of Ontario and international copyright and intellectual property laws. We reserve all rights not expressly granted in these Terms.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website for your personal, non-commercial use in accordance with these Terms. This license does not include any right to:

• Sell, copy, or redistribute any content from the Website;
• Use any data mining, robots, or similar data gathering and extraction tools on the Website;
• Modify, translate, or create derivative works based on the content of the Website.

Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

7. Termination

We may terminate or suspend your access to the Website immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. Upon termination, your right to use the Website will cease immediately.

If you wish to terminate your account, you may simply discontinue using the Website. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8. Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

9. Amendments to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 7 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

10. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision.

11. Entire Agreement

These Terms constitute the entire agreement between you and us regarding our Website and supersede and replace any prior agreements we might have had between us regarding the Website. This agreement outlines all the rights and obligations of both parties concerning the use of the Website.

12. Waiver

No waiver under these Terms shall be effective unless made in writing and signed by our authorized representative. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. Any waiver of any provision of these Terms will not be considered a waiver of any other provision or of our right to require strict observance of each of the terms herein.

13. User Feedback, Comments, and Suggestions

We welcome any comments, feedback, and suggestions you may have to improve our Website. By submitting feedback, you agree that we are free to use any ideas, concepts, know-how, or techniques that you provide us for any purpose without any compensation to you, and without any obligation of confidentiality. We ask that feedback be provided in a constructive manner and reserve the right to remove any feedback that could be considered inappropriate or offensive.

14. Export Control

The use of the Website and the transfer, posting, and uploading of software, technology, and other technical data via the Website may be subject to the export and import laws of the country of Canada and other countries. You agree to comply with all applicable export and import laws and regulations.

In particular, you represent that you are not named on any government list of persons or entities prohibited from receiving exports, and you shall not access, use, export, or re-export any material or information on the Website in violation of such laws and regulations.

15. Dispute Resolution

Any disputes arising out of or related to these Terms or the use of the Website shall be resolved through binding arbitration, under the rules of an agreed-upon arbitration body, in the location of Toronto. Both parties agree to participate in good faith. This arbitration agreement will be governed by the law of the province of Ontario. Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period.

16. Age Restriction

The Website is not intended for individuals under the age of 16 years. By using the Website, you represent that you are at least 16 years old or the age of majority in your jurisdiction, whichever is greater. We do not knowingly collect personal information from children under 16 years of age. If we become aware that a child under 16 years of age has provided us with personal information, we take steps to remove such information and terminate the child's account.

17. Suggestions

We are always looking for ways to improve our Website. If you have suggestions or ideas about how we can improve, please send them to us. While we cannot guarantee a response to every suggestion, we promise to review each one carefully. By sending us suggestions, you agree that we may use and share them without any obligation to compensate you.

18. Force Majeure

Neither party shall be liable for any failure to perform its obligations under these Terms if the failure results from a force majeure event that is beyond the reasonable control of such party, including but not limited to acts of God, natural disasters, wars, civil disturbances, pandemics, government actions, or disruptions in telecommunications, transportation, utilities, or other vital services. Both parties will endeavor to notify the other of any such force majeure event and to resume performance as soon as possible.

19. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

20. Digital Millennium Copyright Act (DMCA) Notice and Procedure

We respect the intellectual property rights of others and expect users of the Website to do the same. We comply with the provisions of the Digital Millennium Copyright Act (DMCA) and will respond to valid copyright infringement notices. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Website;
• Your contact information, including your address, telephone number, and an email address;
• A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent as specified in our DMCA Policy.

21. Changes to Services

We reserve the right to modify or discontinue, temporarily or permanently, the Website or any service to which it connects, with or without notice and without liability to you. We are constantly updating our offerings on the Website, and the products or services available on our Website may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Website and in our advertising on other websites.

22. Subscription Services and Payments

a) Subscription Services

If you choose to subscribe to any of our paid services, you agree to pay the subscription fees and any other charges incurred in connection with your account. Subscription fees will be billed at the beginning of your subscription and any renewal.

b) Automatic Renewal

Unless you notify us before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew, and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.

c) Refund Policy

Services provided by us are subject to our refund policy. Please review our policy, which provides detailed information about options and procedures for returning and refunding products or services purchased or subscribed to through our Website.

23. User Conduct and Responsibilities

By using the Website, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, or other automatic devices, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Otherwise attempt to interfere with the proper working of the Website.

24. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, agents, and licensors, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms, your use of the Website, or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such an event, you shall provide us with such cooperation as is reasonably requested by us.

25. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Website.

26. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction of the Province of Ontario, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

27. Contact Us

If you have any questions about these Terms, please contact us:

• Email: support@echorate.ca
• Phone Number: (226) 894-1399

By providing a variety of contact methods, we aim to ensure that you can reach us in the way that's most convenient for you.