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Last Updated on August 12, 2002
Please read the Terms and Conditions carefully before using
this Site
This website (the “Site”) is provided by Electrovaya
Inc. (“Electrovaya ”), conditional on your acceptance
of the terms and conditions of use set forth below (the “Terms
and Conditions”). By visiting or using this Site (collectively, “Use” of
the Site), including without limitation to access, use, and/or
download messages, information, data, text, software or images,
or other Content from this Site, or to send messages, information,
data, text, software or images, or other Content to the Site,
(collectively, the “Content”), or to use any
Site-related services (the “Services”), you agree
on your own behalf, and on behalf of any entity on whose
behalf you may act, to accept and abide by the Terms and
Conditions for each Use of and each visit to this Site. If
you do not agree to abide by these Terms and Conditions,
you should not Use this Site. Similarly, if you are dissatisfied
with the Site, your sole and exclusive remedy is to discontinue
using the Site. These Terms and Conditions shall survive
any such termination.
Electrovaya has the right, in its sole discretion, to add
to, remove, modify or otherwise change any part of the Terms
and Conditions, in whole or in part, at any time. Changes
will be effective when notice of such change is posted at
our sites. Please check the Terms and Conditions frequently
for updates by checking the date of "Last Update" at
the top of this document. If any term, condition or any change
thereto is not acceptable to you, you must discontinue your
use of this Site immediately. Your continued use of this
Site after any such changes are posted will constitute acceptance
of those changes. These Terms and Conditions apply exclusively
to your use of this Site and do not alter the terms or conditions
of any other agreement you may have with Electrovaya.
Electrovaya makes no representation or warranty that Content
at this Site is appropriate or available for use at any locations
outside Canada. Accessing the Content from locations where
their contents are illegal is prohibited. Those who choose
to access this Site from other locations do so on their own
initiative and are responsible for compliance with local
laws.
Electrovaya may, at any time without notice or liability,
and for any reason whatsoever, terminate, change, suspend
or discontinue any aspect of this Site, including (i) changing
the availability of, restricting access to, or imposing limits
on any or all features or services on, or links to, the Site
(ii) adding, removing or changing any fees or charges for
Use of the Site (including for any Services) or any features
thereof; (iii) removing, adding, modifying or otherwise changing
any Content on this Site. Electrovaya reserves the right,
in its sole discretion, to correct any errors or omissions
in any portion of this Site at any time without notice, but
confirms that it has no duty to do so.
You agree to only Use the Site for lawful purposes, and
to only send Content and receive Content that is proper and
related to the particular Service, and Electrovaya (subject
to the Terms and Conditions herein) grants you a Canadian,
non-exclusive, non-transferable, non-sublicenseable, revocable,
limited right, to so Use the Site solely for your own personal
or internal company use. You may download or make a single
copy of all or any part of the Content for your own personal
use, provided you display our copyright and/or trade-mark
notices on your copy (that is, the line at the bottom of
this page, and the symbols next to our designs).
You may not, nor may you allow others to, directly or indirectly:
(a) remove, from any copy of the Content, the copyright
or other proprietary notices contained in the Content; sell,
modify or attempt to modify the Content in any way or reproduce
or publicly display, perform, or distribute or otherwise
use any Content for any public, commercial, or non-educational
or non-personal purpose, including without limitation use
of the Content on any other web site; or transfer any of
the Content to any other person without the prior written
consent of Electrovaya;
(b) print or copy any of the HTML or other computer software
that is accessible at this Site;
(c) Use this Site in any manner that could damage, disable,
overburden, impair, interfere with the security of, negatively
affect the functioning of, or otherwise abuse, this Site
or any services, system resources, accounts, servers, networks,
affiliated or linked sites, connected to or accessible through
this Site (including without limitation uploading, posting
or otherwise transmitting on this Site computer viruses,
Trojan horses, worms or other files or computer programs
which are potentially harmful, disruptive or destructive
or that may impose an unreasonable or disproportionately
large load on this Site’s infrastructure; or using
any robot, spider or other automatic program or device, or
manual process to monitor, copy, summarize, or otherwise
extract information from this Site or the Content in whole
or in part);
(d) use or attempt to use another’s credit card information,
personal information, registration information, or other
information in connection with this Site without prior written
authorization from Electrovaya; create or use a false identity
on this Site, or impersonate any person or entity or otherwise
misrepresent your affiliation with any person or entity;
or attempt to obtain unauthorized access to this Site; or
send to this Site or Electrovaya any incomplete, false or
inaccurate information; or
(e) disrupt or interfere with any other person’s use
or enjoyment of this Site or affiliated or linked sites,
or any services thereof; or delete or revise any Content
posted on this Site.
In addition, you agree that you are solely responsible for
actions and communications undertaken or transmitted in the
course of your usage of this Site, and that you will comply
with all laws that apply or may apply to your use of or activities
on this Site or in respect of the Content. Electrovaya will
investigate occurrences which may involve violations of such
laws, and may involve, and co-operate with, law enforcement
authorities in prosecuting users who are involved in such
violations. Electrovaya reserves the right at all times to
disclose any information regarding your usage of the Site
as necessary to satisfy any law, regulation or governmental
request.
Certain restricted areas of the Site may require that you
register in order to access such areas. You are responsible
for maintaining the confidentiality of your registration
information (including without limitation and as applicable,
any log-in or password), and for all uses of your registration
information, whether or not authorized by you. You agree
to immediately notify Electrovaya of any unauthorized use
of your registration information or of any other breach of
security of which you are aware.
(a) This Site, including without limitation all Content,
is protected by Canadian and worldwide copyright laws and
treaty provisions. Any unauthorized copying, redistribution,
reproduction or modification of the Content by any person
may be a violation of trade-mark and/or copyright laws and
could subject such person to legal action. You agree to comply
with all copyright laws worldwide in your use of this Site
and to prevent any unauthorized copying of the Content. Any
software, as well any files, images generated by such software,
code and data accompanying such software (the “Software”),
used or accessible through this Site is the copyrighted work
of Electrovaya or its licensors. Except as permitted by law,
you may not use the Software for any other purpose or attempt
to decipher, decompile, disassemble or reverse engineer any
of the Software comprising or in any way making up a part
of the Site.
(b) For greater certainty, Electrovaya’ services,
methods and processes may be covered by one or more patents
or other statutory intellectual property rights, and are
subject to trade secret and other proprietary rights. Electrovaya
reserves all such rights.
(c) Certain names, graphics, logos, icons, designs, words,
titles and phrases on this Site, including without limitation
ELECTROVAYA, POWERPAD, SUPERPOLYMER, POWERING THE 21ST CENTURY,
MAYA, SCRIBBLER and the Electrovaya logo graphic, constitute trade-marks, trade names, trade
dress and associated products and services of Electrovaya
or its
affiliates (the “Marks”), and are protected in
Canada and internationally and their display on this Site
does not convey or create any licence or other rights in
the Marks. Any use of any of same, in whole or in part, without
prior written authorization of Electrovaya is strictly prohibited.
In order to indicate which items are trade-marks, Electrovaya
may, without limitation, use an * symbol which refers to
a footnote explaining the ownership rights of Electrovaya
in such trade-marks, as shown at the end of these Terms and
Conditions; may use a TM or a ® symbol; or may use a
differentiating font style.
(d) Other trade-marks, trade names, trade dress and associated
products and services mentioned on this Site may be the trademarks
of their respective owners. The display of these trade-marks,
trade names, trade dress and associated products and services
on this Site does not convey or create any licence or other
rights in these trademarks or trade names. Any unauthorized
use of them is strictly prohibited.
(e) Electrovaya considers all of its intellectual properties
to be very important assets of Electrovaya and will protect
them from unauthorized use by others. Except as expressly
provided herein, Electrovaya does not grant any express or
implied right or license to you to use any intellectual property,
including without limitation any patent, trademark, copyright,
trade secret, or confidential information, of Electrovaya
or of any other contributor of Content to the Site.
Certain links on this Site may take you to other web sites.
Electrovaya provides these links only as a convenience. These
linked sites are not necessarily under the control of Electrovaya.
If you use these sites, you will leave this Site. If you
decide to visit any linked site, you do so at your own risk
and it is your responsibility to take all protective measures
to guard against viruses and other destructive elements.
Electrovaya is not responsible for the contents of any such
linked pages or any other pages not under its control. Electrovaya
makes no representation or warranty regarding, and other
than stated below does not endorse, any linked web sites,
the information appearing thereon or any of the products
or services described. Notwithstanding the foregoing, Electrovaya
may have links to distributors, resellers and catalogue houses
in connection with Electrovaya products and endorses such
organizations in connection with same; such links will be
identified as links to “channel partners”.
Links do not imply that Electrovaya sponsors, endorses,
is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any
linked site is authorized to use any trademark, trade name,
logo or copyright symbol of Electrovaya.
Electrovaya welcomes links to this Site. However, you agree
that if you want to link to this Site, you may only do so
provided you (a) provide Electrovaya with prior written notice
describing you and your business, the nature and features
of the Site and the location of the link to the Site, (b)
obtain the prior written consent of Electrovaya to such link,
and (c) agree to the link conditions (the “Link Conditions”)
described below. By establishing a link to this Site, you
will be deemed to have agreed to these Link Conditions:
(a) A link may only be established to the following home
page of this Site: http://www.electrovaya.com. Links may
not be established to any other pages on this Site without
Electrovaya’s prior specific written permission.
(b) If you link to this Site, Electrovaya grants you a limited,
non-exclusive, non-transferable, royalty-free license to
use the Electrovaya trademark and internet icons, if available,
(the “Licensed Marks”) solely for the purpose
of serving as a link from the applicable web site to this
Site. For greater certainty, except for the limited license
to use the Licensed Marks granted in this paragraph, you
may not use any of Electrovaya’ trademarks for any
reason without Electrovaya’ prior written permission.
(c) The linked website shall not:
· change in any material way the nature and features
of such website from that described to Electrovaya in the
written notice provided to Electrovaya prior to the establishment
of the link;
· create frames around any part of this Site or use
other techniques that alter the visual presentation of this
Site;
· and other materials shall not, imply that Electrovaya
is endorsing you or any other person, or your or such other
person’s products or services;
· imply an affiliation between you or any other person,
or your or such other person’s products or services,
and Electrovaya without the prior written consent of Electrovaya;
· misrepresent the relationship of you or any other
person with Electrovaya or present false, misleading or otherwise
damaging information or impressions about Electrovaya or
any of its products or services; and
· contain materials that may be interpreted as distasteful,
harmful, offensive, or inaccurate, and shall be appropriate
for all age groups.
(d) For greater certainty, Electrovaya shall have no responsibility
or liability for any content appearing on the linked web
site.
(e) Electrovaya may at any time, in its sole discretion,
immediately terminate any license to use the Licensed Marks
and any right to link to this Site, with or without cause.
If Electrovaya exercises this right, you shall immediately
remove all your links to this Site and shall cease using
the Licensed Marks. Electrovaya may at any time, in its sole
discretion, immediately disable any link to this Site.
Electrovaya may amend these Link Conditions at any time.
For greater certainty, you agree to abide by these Link Conditions
as amended from time to time, and should check the Link Conditions
periodically for such amendments.
Any of your personal information which Electrovaya collects
via this Site is subject to the Electrovaya Privacy Policy,
which is incorporated by reference into the Terms and Conditions.
Subject to any applicable law and the requirements of the
Electrovaya Privacy Policy, any communications sent by or
to you via this Site or otherwise to Electrovaya are on a
non-confidential basis, and Electrovaya is under no obligation
to refrain from reproducing, publishing or otherwise using
them in any way or for any purpose. Electrovaya shall be
free to use and disclose the content of any such communication,
including without limitation any ideas, inventions, concepts,
techniques or know-how disclosed therein, for any purpose
including without limitation developing, manufacturing and/or
marketing goods and services. You agree to not assert any
ownership right of any kind in such communications (including
without limitation copyright, trade-mark, patent, unfair
competition, moral rights, or implied contract) and you hereby
waive the right to receive any financial or other consideration
in connection with such communication, including without
limitation acknowledgement of you as the source of such communications.
Electrovaya makes reasonable efforts to ensure that the
content it provides to the site is accurate and current.
However, you acknowledge and agree that:
(a) Electrovaya makes no representation or warranty of any
kind regarding the Site, (including without limitation the
Content and each Service), including without limitation as
to the truthfulness, accuracy, reliability, currency, veracity
or completeness of the Content or about the results to be
obtained using the Content or any Service;
(b) that you will be solely responsible for any Content
you provide the Site or otherwise provide to Electrovaya,
including without limitation for its truthfulness and accuracy;
and
(c) that the Site (including without limitation the Content
and each Service) are provided on an “AS IS” basis;
and that any use of or reliance on the Site shall be at your
sole risk.
ELECTROVAYA AND ITS AFFILIATES DO NOT MAKE ANY, AND EXPRESSLY
DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, COVENANTS AND
CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, MERCHANTABLE QUALITY, OR FITNESS FOR
ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT, OR ANY IMPLIED
REPRESENTATIONS OR WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. FOR GREATER CERTAINTY,
ELECTROVAYA DOES NOT WARRANT THAT THIS SITE WILL CONTINUE
TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR BE ERROR-FREE.
YOU AGREE THAT IN NO EVENT WILL ELECTROVAYA OR ANY OF ITS
AFFILIATES HAVE ANY RESPONSIBILITY OR LIABILITY IN CONNECTION
WITH THIS SITE FOR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER
BASED ON CONTRACT, NEGLIGENCE OR OTHER LEGAL BASIS, INCLUDING
WITHOUT LIMITATION DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT
LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION
OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS
OF REVENUE, LOSS OF GOODWILL), ARISING FROM OR IN CONNECTION
WITH THE USE OF OR ACCESS TO, OR ANY INCONVENIENCE, DELAY
OR LOSS OF USE OF OR ACCESS TO, THIS SITE, THE CONTENT, ANY
CONTENT OF ANY LINKED WEB SITE, OR FAILURE OF SUCH WEB SITES,
(INCLUDING WITHOUT LIMITATION ANY DAMAGES SUFFERED AS A RESULT
OF OMISSIONS OR INACCURACIES IN SUCH WEB SITES OR CONTENT,
OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION
TO OR FROM SUCH WEB SITES) EVEN IF ELECTROVAYA OR ANY OF
ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGE OR LOSS OR IF SUCH DAMAGE OR LOSS WAS FORESEEABLE.
You agree to defend, indemnify and hold harmless each of
Electrovaya, its affiliates, and each of their officers,
directors, employees and agents, including all third parties
mentioned at the Site, from and against any and all claims,
actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from your
use of the Site (including without limitation the Content
and each Service) or your breach of the Terms and Conditions.
This Site is controlled, operated and administered by Electrovaya
from its offices within the Province of Ontario, Canada.
By accessing this Site, you agree that all matters relating
to the access to, or use of, this Site shall be governed
by the laws of the Province of Ontario and the federal laws
of Canada applicable therein, without reference to its conflict
of laws principles, and that you will comply with all such
applicable laws. The United Nations Convention on Contracts
for the International Sale of Goods does not apply to the
Terms and Conditions.
Any and all claims, disputes or controversies (whether in
contract or tort, pursuant to statute or regulation, or otherwise
and whether pre-existing, present or future) arising out
of or relating to this Site (including without limitation
the Content and each Service) or these Terms and Conditions,
or oral or written statements, advertisements or promotions
relating to these Terms and Conditions or to a Service; or
the relationships which result from these Terms and Conditions
(including relationships with third parties who are not signatories
to this agreement) (each, a "Claim"), will be referred
to and finally settled by private and confidential binding
arbitration before a single arbitrator held in Toronto, Ontario
in English and governed by Ontario law pursuant to the Arbitration
Act, 1991 (Ontario), as amended, replaced or re-enacted from
time to time. The arbitrator shall be a person who is legally
trained (and, if reasonably practical, who has experience
in the battery field in Canada) and who is independent of
either party. If you have a Claim you should give notice
to arbitrate to us at the address found under the Electrovaya
contact information at the end of these Terms and Conditions,
c/o Vice-President, Finance. If we have a Claim we will give
you notice to arbitrate at your address. You hereby waive
any right you may have to commence or participate in any
class action against Electrovaya related to any Claim and,
where applicable, you hereby agree to opt out of any class
proceeding against us otherwise commenced.
Notwithstanding the foregoing, in respect of any matter
relating to the enforcement of intellectual property rights
and protection of confidential information, each party may
pursue remedies, including injunctive or other equitable
relief, through the courts, in which circumstance the parties
hereby agree to submit to the jurisdiction of the courts
of Ontario and to waive any objections based upon venue in
any such action, suit or proceeding.
The Terms and Conditions (including the additional terms
of use described in 17. Below) constitute the entire agreement
between Electrovaya and you with respect to the subject matter
hereof, and supersede all communications, representations
or agreements, either oral or written, between Electrovaya
or its affiliates and you with respect to this subject matter.
Any cause of action you may have with respect to your use
of this Site or which is the subject of the Terms and Conditions
must be commenced within one (1) year after the claim or
cause of action arises. If for any reason a court of competent
jurisdiction finds any provision of the Terms and Conditions
or portion thereof to be unenforceable, that provision shall
be enforced to the maximum extent permissible so as to effect
the intent of the Terms and Conditions, and the remainder
of the Terms and Conditions shall continue in full force
and effect. No waiver of any provision herein shall be valid
unless in writing and signed by an authorized representative
of both you and Electrovaya. Electrovaya failure to insist
upon or enforce strict performance of any provision of the
Terms and Conditions or any right shall not be construed
as a waiver of any such provision or right. No changes to
the Terms and Conditions shall be made except by a revised
posting on this page. The Terms and Conditions shall enure
to the benefit of Electrovaya and its affiliates. Any and
all references in the Terms and Conditions to Electrovaya
and its affiliates shall, where the context so permits, include
Electrovaya’s parent companies, sister companies, and
their respective subsidiaries, affiliates, directors, officers,
employees, contractors and agents. The headings contained
herein are for convenience only and shall have no legal or
interpretative effect. Additional terms and conditions may
apply when you use other services, affiliate services, third
party content or third party software on or through a link
provided on the Site. Electrovaya may assign its rights and
duties under this Agreement to any party at any time without
notice to you. You may not assign your rights and duties
under this Agreement to any party at any time. You agree
that these Terms and Conditions and all documents relating
thereto should be drafted in the English language. Les parties
aux presentes ont demande que ce contrat et tous les documents
ou avis en resultant ou y etant assujettis soient rediges
en langue anglaise.
Certain areas of this Site may be subject to additional
terms of use, including without limitation the Terms of Purchase
(governing the online purchase of products from Electrovaya)
and, to the extent applicable, all other terms and conditions
made available to you (in any manner or form) in connection
with any products or services purchased online, all of which
are incorporated by reference into the Terms and Conditions.
For greater certainty, you agree that by using such areas,
or any part thereof, you agree to be bound by the additional
terms of use applicable to such areas.
Customer Service
Electrovaya Inc.
2645 Royal Windsor Drive
Mississauga, Ontario
Canada L5J 1K9
or by sending an e-mail to customerservice@electrovaya.com
* Trade-mark/Registered trade-mark of Electrovaya Inc.®
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