Acceptance of Terms
Grant of Rights
You represent and warrant that You are: (i) over the age of majority in Your jurisdiction; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Site under the laws of Your jurisdiction or any other applicable jurisdiction. If You represent a legal entity, You hereby warrant and acknowledge that You have all rights to enter into this Term of Use on behalf of such legal entity.
The materials displayed on or contained within the Site including, without limitation all software, design, text, editorial materials, informational text, photographs, illustrations, images, other graphic materials, names, logos, trademarks and service marks (the “ESSA Materials”), are the property of ESSA or its licensors and are protected by copyright, trademark and other intellectual property laws.
ESSA hereby grants You a limited, personal, non-exclusive, non-assignable, non-sublicensable, non- transferable and fully revocable license to use and display the ESSA Materials for non-commercial and personal use only; provided that You do not remove any copyright markings or other notices contained in such ESSA Materials. You agree not to produce, reproduce, modify, publish, create derivative works from, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication or circulate any ESSA Materials to any third party (including, without limitation, the display and distribution of ESSA Materials via a third party website) without the express, prior written consent of ESSA. Unless expressly permitted herein, any use of ESSA Materials is only permitted with the express written permission of ESSA and/or its licensors. You further agree that You will not disassemble, decompile, reverse engineer or otherwise modify the ESSA Materials. All rights not expressly granted are hereby reserved. Your use of the Site or any Site Content does not transfer to You any ownership or other rights in the Site Content.
In connection with Your access to or use of the Site, You shall not:
- take any action that imposes an unreasonable or disproportionately heavy load on the Site or its infrastructure;
- interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
- use spiders, crawlers, robots or any other similar means to access the Site or substantially download, reproduce or archive any portion of the Site;
- sell, share, transfer, trade, loan or exploit for any purpose any portion of the Site;
- disrupt or interfere with any other person’s use or enjoyment of the Site or affiliated or linked sites, or any services thereof;
- remove, from any copy of the Site Content, the copyright or other proprietary notices contained therein;
- post or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortious, or that infringes or violates any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence or give rise to civil liability or otherwise violate any applicable law;
- violate any applicable local, state, provincial, federal, national or international law or regulation.
Links and External Materials
Modifications to the Site
Health Information Disclaimer
The information and materials displayed on or contained within the Site (the “Content”) is presented in a summary fashion and is intended to be used for educational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of the Site does not create a doctor/patient relationship. THE SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. You should not use the Site to diagnose a health or fitness problem or disease. Use of the Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. ESSA disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on the Site. Do not disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of any information you obtain from the Site.
Disclaimer of Warranties
ACCESS TO AND USE OF THE SITE CONTENT IS AT YOUR OWN RISK. ESSA WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SITE, BUT THE SITE CONTENT IS PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED (INCLUDING WITHOUT LIMITATION WITH RESPECT TO QUALITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON- INFRINGEMENT, ACCESSIBILITY OR INABILITY TO ACCESS THE SITE OR ANY CONTENT, FREEDOM FROM COMPUTER VIRUS AND THOSE ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE), AND ESSA MAKES NO, AND ACTIVELY DISCLAIMS, ALL SUCH CONDITIONS, WARRANTIES OR REPRESENTATIONS, INCLUDING WITHOUT LIMITATION AS TO ACCURACY, CURRENCY, CORRECTNESS, RELIABILITY OR COMPLETENESS OF THE SITE AND ANY OF ITS CONTENT OR THEIR USE, IN EACH CASE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. ESSA RESERVES THE RIGHT, IN ITS SOLE DISCRETION, (1) TO MAKE, TERMINATE, CHANGE, SUSPEND OR DISCONTINUE, AT ANY TIME, WITHOUT NOTICE OR LIABILITY, AND FOR ANY REASON WHATSOEVER, THE SITE CONTENT OR ANY ASPECT THEREOF, AND (2) TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE CONTENT AT ANY TIME WITHOUT NOTICE, BUT CONFIRMS THAT IT HAS NO DUTY TO DO SO. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO CONTRACTUAL OR EXTRA CONTRACTUAL LIABILITY, NEGLIGENCE, OTHER TORTIOUS ACTION OR BREACH OF CONTRACT, SHALL ESSA, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THE SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF ESSA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS INCLUDE DAMAGES TO, OR FOR ANY VIRUSES THAT INFECT, YOUR COMPUTER EQUIPMENT. YOU (AND NOT ESSA) ASSUME THE RISK OF SAME, INCLUDING WITHOUT LIMITATION THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FUNDAMENTAL BREACH, BREACH OF ESSENTIAL PURPOSE OR FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
CERTAIN STATEMENTS MADE ON THIS SITE, AND ON DOCUMENTS ISSUED BY ESSA AND AVAILABLE THROUGH THIS SITE, MAY CONTAIN FORWARD-LOOKING INFORMATION WITHIN THE MEANING OF THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995 AND/OR CANADIAN SECURITIES LAW THAT MAY NOT BE BASED ON HISTORICAL FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS CONTAINING THE WORDS “BELIEVE”, “MAY”, “PLAN”, “WILL”, “ESTIMATE”, “CONTINUE”, “ANTICIPATE”, “INTEND”, “EXPECT” AND SIMILAR EXPRESSIONS. FORWARD-LOOKING STATEMENTS INCLUDE STATEMENTS REGARDING FUTURE ACTIVITIES, RESULTS OF OPERATIONS, PERFORMANCE, FUTURE CAPITAL AND OTHER EXPENDITURES (INCLUDING THE AMOUNT, NATURE AND SOURCES OF FUNDING THEREOF), CASH FLOW, COMPETITIVE ADVANTAGES, BUSINESS PROSPECTS AND OPPORTUNITIES. FORWARD-LOOKING STATEMENTS AND INFORMATION ARE SUBJECT TO VARIOUS KNOWN AND UNKNOWN RISKS AND UNCERTAINTIES, MANY OF WHICH ARE BEYOND THE ABILITY OF ESSA TO CONTROL OR PREDICT, AND WHICH MAY CAUSE ESSA’S ACTUAL RESUTS, PERFORMANCE OR ACHIEVEMENTS TO BE MATERIALLY DIFFERENT FROM THOSE EXPRESSED OR IMPLIED THEREBY. SUCH STATEMENTS REFLECT ESSA’S CURRENT VIEWS WITH RESPECT TO FUTURE EVENTS, ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NECESSARILY BASED UPON A NUMBER OF ESTIMATES AND ASSUMPTIONS THAT, WHILE CONSIDERED REASONABLE BY ESSA AS OF THE DATE OF SUCH STATEMENTS, ARE INHERENTLY SUBJECT TO SIGNIFICANT MEDICAL, SCIENTIFIC, BUSINESS, ECONOMIC, COMPETITIVE, POLITICAL AND SOCIAL UNCERTAINTIES AND CONTINGENCIES. THE INFORMATION CONTAINED IN ESSA’S MOST RECENT ANNUAL REPORT AS WELL AS ESSA’S OTHER FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION AND CANADIAN SECURITIES REGULATORY AUTHORITIES IDENTIFIES THE MATERIAL FACTORS AND ASSUMPTIONS USED BY ESSA TO DEVELOP FORWARD-LOOKING STATEMENTS, AND MATERIAL RISK FACTORS THAT COULD CAUSE ACTUAL RESULTS TO DIFFER MATERIALLY FROM THOSE CONTEMPLATED BY FORWARD-LOOKING STATEMENTS. FORWARD-LOOKING STATEMENTS ARE MADE BASED ON MANAGEMENT’S BELIEFS, ESTIMATES AND OPINIONS ON THE DATE THAT STATEMENTS ARE MADE AND ESSA UNDERTAKES NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS IF THESE BELIEFS, ESTIMATES AND OPINIONS OR OTHER CIRCUMSTANCES SHOULD CHANGE, EXCEPT AS MAY BE REQUIRED BY APPLICABLE CANADIAN AND UNITED STATES SECURITIES LAWS. READERS ARE CAUTIONED AGAINST ATTRIBUTING UNDUE CERTAINTY TO FORWARD-LOOKING STATEMENTS.
Limitation of Liability
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.