The contents of this Site, including the text, images, applications, audio and video (collectively referred to herein as “Materials”) and the Resources are for Your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell the Materials or any information, software, products or features obtained from or contained in the Resources, or utilized in connection with the Resources.
“eBrake” and the associated logos are trademarks of eBrake Technologies Inc. a British Columbia, Canadian company (collectively, the “Marks”). The absence of a product or service name or logo belonging to eBrake anywhere in the text of this Site does not constitute a waiver of trademark or other intellectual property rights concerning that Mark. All other products and brand names are trademarks and/or registered trademarks of their respective companies. eBrake disclaims any and all rights in these marks.
Our Marks may not be used (i) to identify products or services that are not eBrake’s marks, (ii) in any manner likely to cause confusion, (iii) in or as a part of Your own trademarks, (iv) in a manner that implies that eBrake sponsors or endorses Your products or services or (v) in any manner that disparages or discredits eBrake.
Redistribution or republication of any part of this Site or its content is prohibited, including such by framing or other similar or other means, without the express, written consent of eBrake. You may not create a link to any page of this Site without our prior, written consent. If You do create a link to a page of this Site, you do so at your own risk and the exclusions and limitations set forth herein will apply to Your use of this Site by linking to it.
You acknowledge that any violation of these Terms and Conditions or any use of this Site or the Resources in a manner inconsistent with these Terms and Conditions may cause eBrake or its affiliates and licensors immeasurable damages for which an adequate remedy at law may not be available. eBrake shall, therefore, be entitled to injunctive and other equitable relief for the breach or threatened breach of these Terms and Conditions, without the requirement to post any security or bond. The rights and remedies under this paragraph shall be cumulative, and not in lieu of, any and all other rights of eBrake.
From time to time, we may post links to third party web sites on this Site. We do not monitor or review the content of other party’s web sites which may be linked from this Site. Opinions expressed or material appearing on such web sites are not necessarily shared or endorsed by eBrake, and we should not be regarded as the publisher of such opinions or material. We encourage our users to be aware when they leave our Site and to read the privacy statements of these Sites. You should evaluate the trustworthiness or any other site connection to this Site or accessed through this Site yourself, before disclosing and personal information to them. eBrake will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
We have several different e-mail addresses for different queries. These and other contact information can be found on our “Contact Us” link on this Site or via company literature of via the company’s stated facsimile and telephone numbers.
EBRAKE IS NOT A PARENTAL CONTROL OR CONTENT FILTER. eBrake is not responsible for, nor has any control over, the content of any data, voice or internet communications sent or received on any particular device.
SAFETY IS YOUR RESPONSIBILITY. When you are operating a motor vehicle, your safety and the safety of your passengers is your responsibility. You must remain alert, attentive and aware while driving. You must avoid distractions of all kinds. eBrake is a tool to help you avoid particular types of distractions – those arising from your mobile device. However, the eBrake Software does not guarantee the safety of you and your passengers, or that accidents will not occur. By using eBrake, you specifically agree to the release and hold harmless provisions of this paragraph, and other terms or limitations contained in the eBrake Terms of Service and End User License Agreement (the “Service Agreement” or “EULA”).
Any feedback You provide at this Site shall be deemed to be non-confidential. eBrake and its affiliates shall be free to use such information for any purpose on an unrestricted basis.
YOU AGREE THAT NEITHER EBRAKE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE, THE SITE CONTENT, THE MATERIALS, OR THE REMOTE MANAGEMENT CONSOLE OR WITH RESPECT TO THE INFORMATION, RESOURCES, CONTENT OR ADVERTISEMENTS CONTAINED ON OR OTHERWISE ACCESSED THROUGH THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EBRAKE IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR VOICE TRANSMISSION, OR ANY DAMAGES RESULTING FROM THE FAILURE TO RECEIVE NOTICES OR COMMUNICATIONS AS A RESULT OF THE ENABLED POLICIES ON YOUR EBRAKE DEVICE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION OR EXCLUSION WILL NOT APPLY TO YOU. IN NO EVENT SHALL EBRAKE’S 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 PURCHASING THE EBRAKE PRODUCT AND SUBSRIBING FOR THE EBRAKE SERVICE.
eBrake intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by eBrake from a variety of sources, eBrake does not represent or guarantee the truthfulness, accuracy, reliability, completeness or timeliness of contents on the Site.
THIS SITE IS PROVIDED BY EBRAKE ON AN “AS IS” BASIS. EBRAKE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE REMOTE MANAGEMENT CONSOLE FEATURE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE, INCLUDING THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE INFORMATION PROVIDED ON THE SITE, OR OTHER SITES HYPERLINKED TO THE SITE, OR A USER’S RELIANCE ON OR USE OF ANY INFORMATION OR TOOLS PROVIDED ON OR THROUGH THE SITE, OR ANY FAILURE OF PERFORMANCE CAUSED BY OR ARISING OUT OF USE OF OR ACCESS TO ANY CONTENT OR INFORMATION CONTAINED IN THE SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EBRAKE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FURTHER, EBRAKE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT EBRAKE) ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. EBRAKE ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
eBrake or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new products or technologies, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, samples, demos, or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when eBrake’s advertisements, products or marketing strategies might seem similar to ideas submitted to eBrake. If, despite our request that You not send us Your ideas and materials, You still send them, please understand that eBrake makes no assurances that Your ideas and materials will be treated as confidential or proprietary and all such ideas and materials are the property of eBrake, its successors and/or assigns.
Any failure of eBrake to insist upon strict performance of any provision of this or any Agreement between You and control or the failure to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by an authorized officer of eBrake.
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