Terms of Use

IMPORTANT: PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THE EA SERVICE CAREFULLY BEFORE USING THE EA SERVICES. ECHOALERT WILL PROVIDE THE EA SERVICES TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW (THIS "AGREEMENT"). BY USING THE EA SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ACCESSING THIS ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "I AGREE" BUTTON BELOW. IF YOU DO NOT AGREE TO ALL THESE TERMS, CLOSE YOUR BROWSER AND DO NOT CONTINUE WITH THE REGISTRATION PROCESS OR WITH THE USE OF THE EA SERVICE.

YOU SHOULD CHECK THIS WEBSITE PERIODICALLY FOR CHANGES. BY USING THIS WEBSITE AND/OR THE EA SERVICES AFTER WE POST ANY CHANGES TO THIS AGREEMENT OR OTHERWISE NOTIFY YOU OF SUCH CHANGES, YOU AGREE TO ACCEPT THOSE CHANGES. IF YOU DO NOT AGREE WITH THOSE CHANGES THEN YOU SHOULD STOP USING THIS WEB SITE AND THE EA SERVICE.

Scope of Agreement
Unless otherwise indicated, this Agreement applies to Your use of the EA Service which is owned and operated by EchoAlert ("ECHOALERT") and our affiliates. This Program and the EA Service are specifically directed to residents of Canada, excluding Quebec, and the EA Service is only for use by residents of Canada, excluding Quebec. By accessing or using the EA Service, You certify that You are a Canadian resident and over the age of majority in the jurisdiction in which you reside. This program is not available to users of Roger's Pay As You Go prepaid wireless services. By accessing or using the EA Service, You also certify that You own Your own Rogers wireless phone(s) that will be used as part of the EchoAlert Beta Testing Program. You further certify that You are the parent or guardian of each person that you register as a target user of the EA Service (Your "Target Users") and You are responsible for each of Your Target User's use of the EA Service. You further certify that each of Your Target Users is 14 years of age or older and acknowledge and agree that each of Your Target Users must agree to separate Target User Beta Testing Program Terms of Use prior to using the EA Service. Use of the EA Service
The EchoAlert Beta Testing Program is intended as part of the ongoing, phased testing and evaluation of the EA Service. It is intended to enable ECHOALERT and its affiliates to test the service to determine market viability and to permit users, like Yourself, to evaluate the EA Service. You understand and acknowledge that this Beta Test Program is the first trial run of the EA Service with a sample group of public users. By accepting these terms and conditions, You are agreeing to participate in that initial testing of the service and recognize that EA Service is still undergoing improvement. Consequently, You are also agreeing that you will not rely solely on the EA Service as an indicator of the safety or well-being of Your Target Users or any other person in your custody, care or control.

Purpose
You acknowledge and agree that the EA Service is only to be used by You and Your Target Users to evaluate the EA Service as an unobtrusive check-in system for Your family members when they are away from Your home (the "Purpose").

Ownership
All right, title and interest in and to the EA Service shall at all times remain with ECHOALERT or its suppliers. The EA Service is protected by copyright laws and international treaty provisions. All trade-marks used in connection with the provision of the EA Service are trade-marks of their respective owners.

License
Subject to the terms and conditions contained in this Agreement, You are granted a revocable limited non-exclusive, non-transferable license to use the EA Service only amongst the members of Your immediate family for the Purpose. The license granted hereunder shall be without charge to both parties.

Feedback
You agree to provide feedback to us in a form reasonably requested by us regarding the EA Service, including bug reports, test results and other similar information regarding the usability of the beta product. We will own this feedback and we may use it for any purpose.

Non-Transferable
You are not permitted to assign this Agreement and any purported assignment by You shall be null and void and of no force or effect. Without limiting the generality of the foregoing, You may not use the EA Service for any other form of use except the Purpose and you may not rent, lease, loan, or otherwise distribute the EA Service.

Additional Charges
You are responsible for all charges and fees associated with connecting to the EA Service, including without limitation all telephone access fees (including long-distance and roaming charges, when applicable), internet service provider fees, telephone and computer equipment, sales taxes and any other fees and charges necessary to access our the EA Service, but excluding any fees for text messages which are sent or received in the course of using the EA Service.

Other Restrictions
You will not, and You will not permit Your Target User(s) to, do any of the following: (i) transfer, assign, resell, sublicense, use, copy, distribute or modify the EA Service, in whole or in part, except as expressly permitted in this Agreement; (ii) disassemble, reverse assemble or otherwise reverse engineer the EA Service or attempt to reveal any trade secret or confidential information concerning its operation; (iii) use the EA Service, directly or indirectly, to design, develop or market a competing product or service; (iv) use the EA Service for any illegal purpose; and (v) remove or alter any of the copyright notices or other proprietary markings on any copies of the EA Service.

No Maintenance or Technical Support
ECHOALERT is under no obligation to provide any maintenance, technical support or updates to You, although it may decide to do so. Any updates provided to You under this Agreement will be part of the EA Service and will be subject to the same terms and restrictions applicable to the EA Service. ECHOALERT also has no obligation to make the EA Service commercially available, or to provide You with a license to any commercially released version of the EA Service merely because of Your participation in the evaluation and testing program.

Registration Data
In consideration of Your access to or use of the EA Service (whether as a Tester, a Target User or otherwise), You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by any EA Service registration forms, or any other questionnaire or information input format, which requests information from or about You or the Target Users, and (b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, your access to or use of the EA Service may be immediately suspended or terminated for Your failure to provide or maintain true, accurate, current and complete Registration Data.

Security
You are responsible for maintaining the confidentiality of Your login user name and password (or other identifying information) and the login user name and password of any Target User(s) associated with your use of the EA Service. You are solely responsible for all activities that occur under Your login user name or password and the login user name and password of any Target User(s) associated with your use of the EA Service. You agree to immediately to notify ECHOALERT of any unauthorized use of Your name or password or the name or password of any Target User(s) associated with your use of the EA Service, and You agree to notify ECHOALERT immediately of any unauthorized use any other breach of security with respect to the EA Service known by You.

Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT THE ECHOALERT SERVICE IS UNDERGOING DEVELOPMENT AND IS BEING FURNISHED FOR TEST AND EVALUATION PURPOSES ONLY. YOU ALSO ACKNOWLEDGE THAT THE EA SERVICE MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SERVICE FAILURES. CONSEQUENTLY, THE EA SERVICE IS PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ECHOALERT AND ITS SUPPLIERS AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND CONTRACTORS DISCLAIM ANY REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, COLLATERAL OR ARISING BY STATUTE OR OTHERWISE, REGARDING THE EA SERVICES, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.

NEITHER ECHOALERT NOR ITS SUPPLIERS NOR ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT EA SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE EA SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY USE OF THE EA SERIVCE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR TARGET USERS, YOUR WIRELESS PHONES, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH SERVICE. NEITHER ECHOALERT NOR ANY OF ITS SUPPLIERS, NOR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE EA SERVICE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM PERSONNEL OF ECHOALERT OR ITS SUPPLIERS SHALL CREATE ANY CONDITION OR WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.

Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ECHOALERT OR ITS SUPPLIERS ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND CONTRACTORS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECHOALERT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE EA SERVICES (B) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE EA SERVICE; OR (F) ANY OTHER MATTER RELATING TO THE EA SERVICE. IN NO EVENT SHALL ECHOALERT'S OR ITS SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USING THE EA SERVICE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EA SERVICE, OR WITH ANY OF PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE EA SERVICE.

Indemnification
You agree to indemnify, hold harmless and, at our option, defend ECHOALERT and its suppliers, and its and their respective officers, directors, employees, shareholders, agents and contractors from any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable legal fees and expenses) arising from Your improper use of the EA Service, Your violation of this Agreement, or Your infringement, or the infringement or use by Your Target Users, of any intellectual property or other right of any person or entity.

Term and Termination
Unless terminated earlier in accordance with its provisions, this Agreement will continue until [insert date] (the "Alpha Testing Period"). ECHOALERT may terminate the EA Service at any time without notice. Following termination, You will immediately cease using the EA Service.

During the Alpha Testing Period , ECHOALERT may, form time to time, in its sole discretion provide available publications, education materials and other documentation respecting the EA Service (the "Documentation") to You. All such Documentation, whether or not marked with a trademark notice, copyright notice or restrictive legend, such as "ECHOALERT Confidential", shall be considered the confidential and proprietary property of ECHOALERT and will not be disclosed by You.

Amendments
ECHOALERT may amend this Agreement from time to time without notice by posting a new version at this URL. You should consult this document regularly to ensure that Your activities confirm to the most recent version.

Privacy Policy
We are committed to protecting your privacy and security. For more information, you should review our Privacy Policy, which is incorporated into this Agreement by this reference.

Web Site Terms and Conditions
By using the EA Service You also agree to be bound the terms and conditions governing this web site and any other Canadian web site that ECHOALERT may own or operate now or in the future.

Dispute Resolution
Any claim, dispute or controversy (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; (i) this Agreement; (ii) the EA Service; (iii) oral or written statements or advertisements or promotions relating to this Agreement (collectively, the "Claim") will he determined by arbitration to the exclusion of the courts. You agree to waive any right You may have to commence to or participate in any class action against ECHOALERT. Please give notice of any Claims to: ?. Arbitration will be conducted by one arbitrator pursuant to the laws and rules relating to commercial arbitration in Ontario.

Governing Law and Jurisdiction
The validity, construction and interpretation of this Agreement and the rights and duties of the parties hereunder, shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to all matters relating to this Agreement.

General
This Agreement embodies the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels any and all prior understandings or agreements verbal or otherwise, in relation hereto which may exist between the parties. No oral explanation or no oral information by either of the parties hereto shall alter the meaning or interpretation of this Agreement. The failure by ECHOALERT to require or enforce the performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Each provision of this Agreement is severable from the other provisions and if any of the provisions contained in this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, the other provisions will continue to have full force and effect.