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PLEASE READ THIS TERMS OF USE AGREEMENT ("AGREEMENT") CAREFULLY. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU ("USER") AND ERA OF COMBAT BOXING, LTD. d/b/a EOC BOXING ("EOC," "COMPANY," "WE" OR "US") FOR THE USE OF EOC. By clicking on the "Accept" button and completing the registration process and/or browsing EOC on any website with an authorized link to this Agreement ("Website"), downloading our EOC application ("Application"), or accessing or using any content, information, services, features, music, images, video, text or any other resources or materials related to EOC or made available via the Website, Web Scheduling Portal, or Application (collectively, the "Services"), you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published through the Services; (2) represent you are of legal age in your jurisdiction of residence to form a binding contract; (3) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization or other legal entity on whose behalf you use the Services; and (4) acknowledge that you have read and understood this Agreement, and agree to be bound by its terms and conditions. Except as otherwise provided herein, if you do not agree to be bound by (or cannot comply with) this Agreement, you may not access, copy, install or use the Services.
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
Your use of the Services is also subject to any additional terms, conditions, rules, and policies that we separately post on the Services ("Supplemental Terms"), which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement. Supplemental Terms will be applied generally in a non-discriminatory manner to all users of the Services, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Services and obtaining available patches to address security, interoperability or performance issues.
EOC reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
USE OF THE SERVICES AND EOC PROPERTIES. The Application, the Website, the Services and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a "EOC Property" and collectively, the "EOC Properties") are protected by copyright laws throughout the world and may be owned by the Company or third parties. You agree not to make any use of the EOC Properties that would infringe the copyright therein. Subject to the Agreement, EOC grants you a limited license to reproduce, obtain, listen to, view or read (as the case may be) portions of EOC Properties that may be obtained by you in digital form for the sole purpose of using the Services for your personal, non-commercial entertainment purposes. Unless otherwise specified by EOC in a separate license, your right to use any and all EOC Properties is subject to the Agreement and applicable copyright law. You represent, warrant and agree that you are using the EOC Properties for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind.
Application License. Subject to your compliance with the Agreement, EOC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a device that you own or control and to run such copy of the Application solely for your own personal, non-commercial entertainment purposes. Furthermore, with respect to any Application accessed through or downloaded from the Steam Store (an "Steam Store Sourced Application"), you will only use the Steam Store Sourced Application as permitted by the "Usage Rules" set forth in the Steam Store Terms of Service.
Updates. You understand that EOC Properties are evolving. As a result, EOC may require you to accept updates to EOC Properties that you have installed on your computer or mobile device. You acknowledge and agree that EOC may update EOC Properties with or without notifying you. You may need to update third-party software from time to time in order to use EOC Properties.
Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit EOC Properties or any portion of EOC Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other EOC Properties (including images, text, page layout or form) of EOC; (c) you shall not use any metatags or other "hidden text" using EOC’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of EOC Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access EOC Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of EOC Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in EOC Properties or otherwise attempt to modify any EOC Properties for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the applicable EOC Property. Any future release, update or other addition to EOC Properties shall be subject to the Agreement. EOC, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any EOC Property terminates the licenses granted by EOC pursuant to the Agreement.
Third-Party Materials. As a part of EOC Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for EOC to monitor such materials and that you access these materials at your own risk.
Necessary Equipment. You must provide all equipment necessary to connect to EOC Properties, including but not limited to, a mobile device and/or a headset that is suitable to connect with and use Steam and EOC Properties, in cases where the Services offer a mobile component. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing EOC Properties; and (ii) reading and following any and all instructions provided by Steam, Oculus, Vive etc available online and in your instruction manual for your choice of hardware prior to connecting to EOC Properties and using the Services. The headset of your choice is not a toy and should not be used by children under the age of 13. Adults should make sure children (age 13 and older) use the headset in accordance with the above instructions provided by Steam, Oculus, Vive, etc. and should monitor children (age 13 and older) who are using or have used the headset to participate in the Services. EOC has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., EOC is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason).
RESPONSIBILITY FOR CONTENT.
Types of Content. You acknowledge that all Content, including EOC Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not EOC, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through EOC Properties ("Your Content"), and that you and other Users of EOC Properties, and not EOC, are similarly responsible for all Content that you and they Make Available through EOC Properties ("User Content").
No Obligation to Pre-Screen Content. You acknowledge that EOC has no obligation to pre-screen Content (including, but not limited to, User Content), although EOC reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that EOC pre-screens, refuses or removes any Content, you acknowledge that EOC will do so for EOC’s benefit, not yours. Without limiting the foregoing, EOC shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by EOC in writing elsewhere, EOC has no obligation to store any of Your Content that you Make Available on EOC Properties. EOC has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of EOC Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that EOC retains the right to create reasonable limits on EOC’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by EOC in its sole discretion.
OWNERSHIP.
EOC Properties. Except with respect to Your Content and User Content, you agree that EOC and its suppliers own all rights, title and interest in EOC Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any EOC Properties.
Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in EOC Properties.
Your Content. EOC does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in EOC Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant EOC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing EOC Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of EOC Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You agree that you, not EOC, are responsible for all of Your Content that you Make Available on or in EOC Properties.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by EOC in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to EOC through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that EOC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to EOC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of EOC Properties and/or EOC’s business.
USER CONDUCT.
General. In connection with your use of EOC Properties, you shall not:
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Stalk or otherwise harass any other user of our EOC Properties; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Ratings and Reviews. The Services may allow users to post reviews, ratings and comments about the Website and/or Application (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by EOC and does not represent the views of EOC. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. EOC shall have the right, but not the obligation to monitor or review any Reviews at any time. EOC reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that EOC is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. EOC does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Service; (ii) you will not provide a rating or review for any Service with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If EOC determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
INVESTIGATIONS. EOC may, but is not obligated to, monitor or review EOC Properties and Content at any time. Without limiting the foregoing, EOC shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although EOC does not generally monitor user activity occurring in connection with EOC Properties or Content, if EOC becomes aware of any possible violations by you of any provision of the Agreement, EOC reserves the right to investigate such violations, and EOC may, at its sole discretion, immediately terminate your license to use EOC Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS.
User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that EOC reserves the right, but has no obligation, to intercede in such disputes. You agree that EOC will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users. EOC Properties may contain User Content provided by other Users. EOC is not responsible for and does not control User Content. EOC has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
THIRD-PARTY SERVICES.
Third-Party Websites and Applications. EOC Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left EOC Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of EOC. EOC is not responsible for any Third-Party Websites or Third-Party Applications. EOC provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website or Application, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., Steam App Store, Oculus Store or any other virtual reality app stores (each, an "App Store"). You acknowledge that the Agreement is between you and EOC and not with the App Store. EOC, not the App Store, is solely responsible for EOC Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with EOC Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any EOC Property, including the Application. You acknowledge that the App Store (and its subsidiaries), as well as all third-party owners of EOC Properties and Content, are third-party beneficiaries of the Agreement and will have the right to enforce it.
INDEMNIFICATION. You agree to indemnify and hold EOC, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "EOC Party" and collectively, the "EOC Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any EOC Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. EOC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EOC in asserting any available defenses. This provision does not require you to indemnify any of the EOC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to EOC Properties.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF EOC PROPERTIES IS AT YOUR SOLE RISK, AND EOC PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EOC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
EOC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) EOC PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF EOC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF EOC PROPERTIES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH EOC PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS EOC PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. EOC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EOC OR THROUGH EOC PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, EOC MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT EOC’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
Professional Advice Disclaimer. EOC OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE WEBSITE, APPLICATION OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. EOC IS CONTINUALLY UNDER DEVELOPMENT AND EOC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE WEBSITE OR APPLICATION. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE EOC PROPERTIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. IN SUBSCRIBING TO OR OTHERWISE USING EOC, YOU AFFIRM THAT EITHER YOUR PHYSICIAN HAS APPROVED YOUR USE OF THE SERVICES OR THAT ALL OF THE FOLLOWING STATEMENTS ARE TRUE: (I) NO PHYSICIAN HAS EVER INFORMED YOU THAT YOU HAVE A HEART CONDITION OR THAT YOU SHOULD ONLY DO PHYSICAL ACTIVITIES RECOMMENDED BY A PHYSICIAN; (II) YOU HAVE NEVER FELT CHEST PAIN WHEN ENGAGING IN PHYSICAL ACTIVITY; (III) YOU HAVE NOT EXPERIENCED CHEST PAIN WHEN NOT ENGAGED IN PHYSICAL ACTIVITY AT ANY TIME EOC THE PAST MONTH; (IV) YOU HAVE NEVER LOST YOUR BALANCE BECAUSE OF DIZZINESS AND YOU HAVE NEVER LOST CONSCIOUSNESS AS A RESULT OF EXERTION; (V) YOU DO NOT HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN YOUR PHYSICAL ACTIVITY; (VI) YOUR PHYSICIAN IS NOT CURRENTLY PRESCRIBING DRUGS FOR YOUR BLOOD PRESSURE OR HEART CONDITION; (VII) YOU DO NOT HAVE A HISTORY OF HIGH BLOOD PRESSURE; AND (VIII) YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT EXERCISE.
Play Space Environment Disclaimer. ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING EOC, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT EOC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EOC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF EOC PROPERTIES. YOU UNDERSTAND THAT EOC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF EOC PROPERTIES.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EOC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT EOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF EOC PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE EOC PROPERTIES; (2) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EOC PROPERTIES; OR (4) ANY OTHER MATTER RELATED TO EOC PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EOC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A EOC PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A EOC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL EOC PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO EOC BY YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED US DOLLARS (U.S. $100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EOC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A EOC PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A EOC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Content. EXCEPT FOR EOC’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE EOC’S PRIVACY POLICY, EOC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EOC AND YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is EOC’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to EOC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on EOC Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on EOC Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for EOC’s Copyright Agent for notice of claims of copyright infringement is as follows: copyright@nodtechcreative.com, EOC, 14 - 900 Village Lane, Suite 220
Okotoks, AB T1S 1Z6.
REMEDIES.
Violations. If EOC becomes aware of any possible violations by you of the Agreement, EOC reserves the right to investigate such violations. If, as a result of the investigation, EOC believes that criminal activity has occurred, EOC reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. EOC is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in EOC Properties, including Your Content, in EOC’s possession in connection with your use of EOC Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce this Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of EOC, its Users or the public, and all enforcement or other government officials, as EOC in its sole discretion believes to be necessary or appropriate.
Breach. In the event that EOC determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for EOC Properties, EOC reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to EOC) that you have violated the Agreement;
Delete any of Your Content provided by you to EOC Properties;
Discontinue your registration(s) with any of EOC Properties;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which EOC deems to be appropriate.
TERM AND TERMINATION.
Term. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use EOC Properties, unless terminated earlier in accordance with the Agreement.
Termination of Services by EOC. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if EOC is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), EOC has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in EOC’s sole discretion and that EOC shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by EOC, you may do so by (a) notifying EOC at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to EOC’s address set forth below.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. EOC will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with EOC and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with EOC, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or EOC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Waiver of Jury Trial. YOU AND EOC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EOC are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES EOC THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@nodtechcreative.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your EOC username (if any), the email address you used to set up your EOC account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with EOC.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if EOC makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing EOC at the following address: ERA OF COMBAT BOXING, LTD., 14 - 900 Village Lane, Suite 220
Okotoks, AB T1S 1Z6.
GENERAL PROVISIONS.
Electronic Communications. The communications between you and EOC may take place via electronic means, whether you visit EOC Properties or send EOC e-mails, or whether EOC posts notices on EOC Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from EOC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EOC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without EOC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. EOC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to EOC Properties, please contact support@nodtechcreative.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and EOC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the provincial or federal courts located in Calgary, Alberta.
Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Notice. Where EOC requires that you provide an e-mail address, you are responsible for providing EOC with your most current e-mail address. In the event that the last e-mail address you provided to EOC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, EOC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to EOC at the following address: ERA OF COMBAT BOXING, LTD., 14 - 900 Village Lane, Suite 220, Okotoks, AB T1S 1Z6. Such notice shall be deemed given when received by EOC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge that Steam has no obligation whatsoever to furnish any maintenance and support services with respect to the Steam Store Sourced Application.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement
PLEASE BE AWARE THAT THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE BELOW FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT.
Your use of the Services is also subject to any additional terms, conditions, rules, and policies that we separately post on the Services ("Supplemental Terms"), which are incorporated by reference into this Agreement. To the extent there is any conflict between this Agreement and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement. Supplemental Terms will be applied generally in a non-discriminatory manner to all users of the Services, and may include, for example, required or automated updates, modifications, and/or reinstallations of the Services and obtaining available patches to address security, interoperability or performance issues.
EOC reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement or any applicable Supplemental Terms on the applicable Services. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.
USE OF THE SERVICES AND EOC PROPERTIES. The Application, the Website, the Services and the information and content available on the Website and in the Application and the Services (as these terms are defined herein) (each, a "EOC Property" and collectively, the "EOC Properties") are protected by copyright laws throughout the world and may be owned by the Company or third parties. You agree not to make any use of the EOC Properties that would infringe the copyright therein. Subject to the Agreement, EOC grants you a limited license to reproduce, obtain, listen to, view or read (as the case may be) portions of EOC Properties that may be obtained by you in digital form for the sole purpose of using the Services for your personal, non-commercial entertainment purposes. Unless otherwise specified by EOC in a separate license, your right to use any and all EOC Properties is subject to the Agreement and applicable copyright law. You represent, warrant and agree that you are using the EOC Properties for your own personal, non-commercial entertainment use and not for redistribution or transfer of any kind.
Application License. Subject to your compliance with the Agreement, EOC grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a device that you own or control and to run such copy of the Application solely for your own personal, non-commercial entertainment purposes. Furthermore, with respect to any Application accessed through or downloaded from the Steam Store (an "Steam Store Sourced Application"), you will only use the Steam Store Sourced Application as permitted by the "Usage Rules" set forth in the Steam Store Terms of Service.
Updates. You understand that EOC Properties are evolving. As a result, EOC may require you to accept updates to EOC Properties that you have installed on your computer or mobile device. You acknowledge and agree that EOC may update EOC Properties with or without notifying you. You may need to update third-party software from time to time in order to use EOC Properties.
Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, broadcast, publicly perform or display, host or otherwise commercially exploit EOC Properties or any portion of EOC Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other EOC Properties (including images, text, page layout or form) of EOC; (c) you shall not use any metatags or other "hidden text" using EOC’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of EOC Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access EOC Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of EOC Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in EOC Properties or otherwise attempt to modify any EOC Properties for any reason whatsoever, including for the purpose of disguising or changing any indications of the ownership or source of the applicable EOC Property. Any future release, update or other addition to EOC Properties shall be subject to the Agreement. EOC, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any EOC Property terminates the licenses granted by EOC pursuant to the Agreement.
Third-Party Materials. As a part of EOC Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for EOC to monitor such materials and that you access these materials at your own risk.
Necessary Equipment. You must provide all equipment necessary to connect to EOC Properties, including but not limited to, a mobile device and/or a headset that is suitable to connect with and use Steam and EOC Properties, in cases where the Services offer a mobile component. You are solely responsible for: (i) any fees, including Internet connection or mobile fees, that you incur when accessing EOC Properties; and (ii) reading and following any and all instructions provided by Steam, Oculus, Vive etc available online and in your instruction manual for your choice of hardware prior to connecting to EOC Properties and using the Services. The headset of your choice is not a toy and should not be used by children under the age of 13. Adults should make sure children (age 13 and older) use the headset in accordance with the above instructions provided by Steam, Oculus, Vive, etc. and should monitor children (age 13 and older) who are using or have used the headset to participate in the Services. EOC has no responsibility or liability to you related to the functionality of any virtual reality headset provided by a third party (e.g., EOC is not responsible for any malfunction of or physical damage to such a device as the result of perspiration or any moisture that might affect how the device works, or for any other reason).
RESPONSIBILITY FOR CONTENT.
Types of Content. You acknowledge that all Content, including EOC Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not EOC, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available ("Make Available") through EOC Properties ("Your Content"), and that you and other Users of EOC Properties, and not EOC, are similarly responsible for all Content that you and they Make Available through EOC Properties ("User Content").
No Obligation to Pre-Screen Content. You acknowledge that EOC has no obligation to pre-screen Content (including, but not limited to, User Content), although EOC reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that EOC pre-screens, refuses or removes any Content, you acknowledge that EOC will do so for EOC’s benefit, not yours. Without limiting the foregoing, EOC shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.
Storage. Unless expressly agreed to by EOC in writing elsewhere, EOC has no obligation to store any of Your Content that you Make Available on EOC Properties. EOC has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of EOC Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that EOC retains the right to create reasonable limits on EOC’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by EOC in its sole discretion.
OWNERSHIP.
EOC Properties. Except with respect to Your Content and User Content, you agree that EOC and its suppliers own all rights, title and interest in EOC Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any EOC Properties.
Other Content. Except with respect to Your Content, you agree that you have no right, title, or interest in or to any Content that appears on or in EOC Properties.
Your Content. EOC does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in EOC Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant EOC a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing EOC Properties to you and to our other Users. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any "public" area of EOC Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the licence stated above. You agree that you, not EOC, are responsible for all of Your Content that you Make Available on or in EOC Properties.
Your Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter as determined by EOC in its sole discretion. You may not post or submit for print services a photograph of another person without that person’s permission.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to EOC through its suggestion, feedback, wiki, forum or similar pages ("Feedback") is at your own risk and that EOC has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to EOC a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of EOC Properties and/or EOC’s business.
USER CONDUCT.
General. In connection with your use of EOC Properties, you shall not:
Make Available any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities;
Harm minors in any way;
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Make Available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;
Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;
Stalk or otherwise harass any other user of our EOC Properties; or
Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
Ratings and Reviews. The Services may allow users to post reviews, ratings and comments about the Website and/or Application (collectively, "Reviews"), and you are solely responsible for any content, opinion, statement, recommendation or advance contained therein. Reviews posted on our Services are User Content that is not endorsed by EOC and does not represent the views of EOC. You acknowledge that any opinions, statements, recommendations, ratings, offers, advice or other information presented or disseminated in any Review are those of their respective authors who are solely responsible and liable for their content. EOC shall have the right, but not the obligation to monitor or review any Reviews at any time. EOC reserves the right to refuse to post or remove any material submitted or posted in any Review. Notwithstanding the foregoing, you acknowledge that EOC is under no obligation to edit or modify any information available in any Reviews or decide any dispute or disagreement between the posters and shall have no liability to you for any content posted in a Review. EOC does not assume liability for Reviews or for any claims for economic loss resulting from such ratings and reviews. Because we expect Users to maintain a high level of integrity with respect to ratings and reviews posted through the Services, you agree: (i) to base any rating or review you post only on your first-hand experience with the applicable Service; (ii) you will not provide a rating or review for any Service with respect to which you have an employment relationship or other affiliation; (iii) you will not submit a rating or review in exchange for payment or other benefits from any individual or entity; and (iv) your review will comply with the terms of this Agreement. If EOC determines, in our sole discretion, that any rating or review could diminish the integrity of the ratings and reviews, we may exclude such User Content without notice.
INVESTIGATIONS. EOC may, but is not obligated to, monitor or review EOC Properties and Content at any time. Without limiting the foregoing, EOC shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Agreement or any applicable law. Although EOC does not generally monitor user activity occurring in connection with EOC Properties or Content, if EOC becomes aware of any possible violations by you of any provision of the Agreement, EOC reserves the right to investigate such violations, and EOC may, at its sole discretion, immediately terminate your license to use EOC Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
INTERACTIONS WITH OTHER USERS.
User Responsibility. You are solely responsible for your interactions with other Users and any other parties with whom you interact; provided, however, that EOC reserves the right, but has no obligation, to intercede in such disputes. You agree that EOC will not be responsible for any liability incurred as the result of such interactions.
Content Provided by Other Users. EOC Properties may contain User Content provided by other Users. EOC is not responsible for and does not control User Content. EOC has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
THIRD-PARTY SERVICES.
Third-Party Websites and Applications. EOC Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications"). When you click on a link to a Third-Party Website or Third-Party Application, we will not warn you that you have left EOC Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites and Third-Party Applications are not under the control of EOC. EOC is not responsible for any Third-Party Websites or Third-Party Applications. EOC provides these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or any product or service provided in connection therewith. You use all links in Third-Party Websites and Third-Party Applications at your own risk. When you leave our Website or Application, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
App Stores. You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., Steam App Store, Oculus Store or any other virtual reality app stores (each, an "App Store"). You acknowledge that the Agreement is between you and EOC and not with the App Store. EOC, not the App Store, is solely responsible for EOC Properties, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with EOC Properties, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any EOC Property, including the Application. You acknowledge that the App Store (and its subsidiaries), as well as all third-party owners of EOC Properties and Content, are third-party beneficiaries of the Agreement and will have the right to enforce it.
INDEMNIFICATION. You agree to indemnify and hold EOC, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "EOC Party" and collectively, the "EOC Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of any and all of the following: (a) Your Content; (b) your use of, or inability to use, any EOC Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. EOC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EOC in asserting any available defenses. This provision does not require you to indemnify any of the EOC Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to EOC Properties.
DISCLAIMER OF WARRANTIES AND CONDITIONS.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF EOC PROPERTIES IS AT YOUR SOLE RISK, AND EOC PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. EOC PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE.
EOC PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) EOC PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF EOC PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF EOC PROPERTIES WILL BE ACCURATE OR RELIABLE.
ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH EOC PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS EOC PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. EOC MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM EOC OR THROUGH EOC PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
FROM TIME TO TIME, EOC MAY OFFER NEW "BETA" FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT EOC’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
Professional Advice Disclaimer. EOC OFFERS HEALTH AND FITNESS INFORMATION AND IS DESIGNED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. YOU SHOULD CONSULT YOUR PHYSICIAN BEFORE BEGINNING A NEW FITNESS PROGRAM. YOU SHOULD NOT RELY ON INFORMATION OR TRAINING PROGRAMS AVAILABLE IN OR VIA THE SERVICES AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF INFORMATION AVAILABLE ON THE WEBSITE OR APPLICATION. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
NOTHING STATED OR POSTED ON THE WEBSITE, APPLICATION OR AVAILABLE THROUGH THE SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELLING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. EOC IS CONTINUALLY UNDER DEVELOPMENT AND EOC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. IN THAT REGARD, DEVELOPMENTS IN MEDICAL RESEARCH MAY IMPACT THE HEALTH, FITNESS AND NUTRITIONAL ADVICE THAT APPEARS ON THE WEBSITE OR APPLICATION. NO ASSURANCE CAN BE GIVEN THAT THE ADVICE CONTAINED IN THE EOC PROPERTIES WILL ALWAYS INCLUDE THE MOST RECENT FINDINGS OR DEVELOPMENTS WITH RESPECT TO THE PARTICULAR MATERIAL.
Medical Disclaimer. IN SUBSCRIBING TO OR OTHERWISE USING EOC, YOU AFFIRM THAT EITHER YOUR PHYSICIAN HAS APPROVED YOUR USE OF THE SERVICES OR THAT ALL OF THE FOLLOWING STATEMENTS ARE TRUE: (I) NO PHYSICIAN HAS EVER INFORMED YOU THAT YOU HAVE A HEART CONDITION OR THAT YOU SHOULD ONLY DO PHYSICAL ACTIVITIES RECOMMENDED BY A PHYSICIAN; (II) YOU HAVE NEVER FELT CHEST PAIN WHEN ENGAGING IN PHYSICAL ACTIVITY; (III) YOU HAVE NOT EXPERIENCED CHEST PAIN WHEN NOT ENGAGED IN PHYSICAL ACTIVITY AT ANY TIME EOC THE PAST MONTH; (IV) YOU HAVE NEVER LOST YOUR BALANCE BECAUSE OF DIZZINESS AND YOU HAVE NEVER LOST CONSCIOUSNESS AS A RESULT OF EXERTION; (V) YOU DO NOT HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN YOUR PHYSICAL ACTIVITY; (VI) YOUR PHYSICIAN IS NOT CURRENTLY PRESCRIBING DRUGS FOR YOUR BLOOD PRESSURE OR HEART CONDITION; (VII) YOU DO NOT HAVE A HISTORY OF HIGH BLOOD PRESSURE; AND (VIII) YOU DO NOT KNOW OF ANY OTHER REASON YOU SHOULD NOT EXERCISE.
Play Space Environment Disclaimer. ALWAYS BE AWARE OF YOUR SURROUNDINGS BEFORE BEGINNING USE AND WHILE USING YOUR HEADSET. IN USING EOC, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR CREATING AND MAINTAINING A SAFE ENVIRONMENT FOR USE AT ALL TIMES. BECAUSE SERIOUS INJURIES MAY OCCUR FROM TRIPPING OR RUNNING INTO OR STRIKING WALLS, FURNITURE, OTHER OBJECTS OR PEOPLE, CLEAR AN AREA FOR SAFE USE BEFORE USING YOUR HEADSET. PLEASE TAKE SPECIAL CARE TO ENSURE THAT YOU ARE NOT NEAR ITEMS THAT YOU MAY HIT OR STRIKE, OR AREAS WHICH MAY CAUSE YOU TO LOSE YOUR BALANCE WHEN USING, OR IMMEDIATELY AFTER USING, YOUR HEADSET, LIKE OTHER PEOPLE, OBJECTS, STAIRS OR STEPS, RAMPS, SIDEWALKS, BALCONIES, OPEN DOORWAYS, WINDOWS, FURNITURE, OPEN FLAMES, CEILING FANS OR LIGHT FIXTURES, TELEVISIONS OR MONITORS OR OTHER THINGS. TAKE APPROPRIATE STEPS TO PREVENT PEOPLE OR PETS WHO DO NOT UNDERSTAND YOUR PERCEPTIONS ARE LIMITED FROM ENTERING YOUR PLAY SPACE.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT EOC PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD EOC PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF EOC PROPERTIES. YOU UNDERSTAND THAT EOC DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF EOC PROPERTIES.
LIMITATION OF LIABILITY.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EOC PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT EOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF EOC PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE EOC PROPERTIES; (2) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (3) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON EOC PROPERTIES; OR (4) ANY OTHER MATTER RELATED TO EOC PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EOC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A EOC PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A EOC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL EOC PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO EOC BY YOU DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) ONE HUNDRED US DOLLARS (U.S. $100). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A EOC PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A EOC PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A EOC PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
User Content. EXCEPT FOR EOC’S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE EOC’S PRIVACY POLICY, EOC ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EOC AND YOU.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. It is EOC’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to EOC by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on EOC Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on EOC Properties of the material that you claim is infringing; (d) your address, telephone number and e-mail address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for EOC’s Copyright Agent for notice of claims of copyright infringement is as follows: copyright@nodtechcreative.com, EOC, 14 - 900 Village Lane, Suite 220
Okotoks, AB T1S 1Z6.
REMEDIES.
Violations. If EOC becomes aware of any possible violations by you of the Agreement, EOC reserves the right to investigate such violations. If, as a result of the investigation, EOC believes that criminal activity has occurred, EOC reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. EOC is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in EOC Properties, including Your Content, in EOC’s possession in connection with your use of EOC Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce this Agreement, (c) respond to any claims that Your Content violates the rights of third parties, (d) respond to your requests for customer service, or (e) protect the rights, property or personal safety of EOC, its Users or the public, and all enforcement or other government officials, as EOC in its sole discretion believes to be necessary or appropriate.
Breach. In the event that EOC determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for EOC Properties, EOC reserves the right to:
Warn you via e-mail (to any e-mail address you have provided to EOC) that you have violated the Agreement;
Delete any of Your Content provided by you to EOC Properties;
Discontinue your registration(s) with any of EOC Properties;
Discontinue your subscription to any Services;
Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
Pursue any other action which EOC deems to be appropriate.
TERM AND TERMINATION.
Term. The Agreement commences on the date when you accept it (as described in the preamble above) and remains in full force and effect while you use EOC Properties, unless terminated earlier in accordance with the Agreement.
Termination of Services by EOC. Except as set forth above, the Service Subscription Fee for any Service shall be non-refundable. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Agreement, or if EOC is required to do so by law (e.g., where the provision of the Website, the Application or the Services is, or becomes, unlawful), EOC has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in EOC’s sole discretion and that EOC shall not be liable to you or any third party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by EOC, you may do so by (a) notifying EOC at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to EOC’s address set forth below.
Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. EOC will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
DISPUTE RESOLUTION. Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with EOC and limits the manner in which you can seek relief from us.
Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Website, to any products sold or distributed through the Website, or to any aspect of your relationship with EOC, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or EOC may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
Waiver of Jury Trial. YOU AND EOC HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and EOC are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES EOC THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the Provincial or Federal Courts located in the Province of Alberta. All other claims shall be arbitrated.
30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to support@nodtechcreative.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your EOC username (if any), the email address you used to set up your EOC account, and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with EOC.
Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if EOC makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing EOC at the following address: ERA OF COMBAT BOXING, LTD., 14 - 900 Village Lane, Suite 220
Okotoks, AB T1S 1Z6.
GENERAL PROVISIONS.
Electronic Communications. The communications between you and EOC may take place via electronic means, whether you visit EOC Properties or send EOC e-mails, or whether EOC posts notices on EOC Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from EOC in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EOC provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without EOC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. EOC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to EOC Properties, please contact support@nodtechcreative.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and EOC agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the provincial or federal courts located in Calgary, Alberta.
Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE PROVINCE OF ALBERTA, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
Notice. Where EOC requires that you provide an e-mail address, you are responsible for providing EOC with your most current e-mail address. In the event that the last e-mail address you provided to EOC is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, EOC’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to EOC at the following address: ERA OF COMBAT BOXING, LTD., 14 - 900 Village Lane, Suite 220, Okotoks, AB T1S 1Z6. Such notice shall be deemed given when received by EOC by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
You acknowledge that Steam has no obligation whatsoever to furnish any maintenance and support services with respect to the Steam Store Sourced Application.
Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Agreement