Please accept ENCADE’s Customer or Partner Terms and Conditions below.
TERMS AND CONDITIONS
Any participation in this service will constitute acceptance of this Agreement. We may update this Agreement in the future without notice other than posting the updated Agreement, and you will be accessing the most current version of this Agreement.
ENCADE SYSTEMS and SERVICES
When referring to ENCADE systems and services in this document that include the following systems and their own related services.
- ENCADE Website and its assessments tool
- ENCADE Customer Portal
- IVWM Website
- IVWM Community Website
- ENCADE Gaming Platform including the Virtual Games
- ENCADE Store
USE OF SERVICES
By using any system or website that is provided by ENCADE Corporation, you signify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.
You understand that all information or other materials -contents- are the sole responsibility of the person from whom such content has originated. You agree that you are accountable for your own conduct and any content created, communicated or displayed by you while using any of ENCADE systems and services and for any consequences thereof. You agree to use ENCADE systems and services only for legal, proper, and in accord to this Agreement, and you will not participate in any activity that interferes with or disrupts ENCADE services or servers connected to ENCADE services.
To report any activity or content that may violate this Agreement, please contact ENCADE.
Unofficial and unauthorized attempts to upload information or change information on any of ENCADE systems without prior authorization are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act. Information may also be used for authorized law enforcement investigations. In addition to this Agreement, your use of ENCADE systems and services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this Agreement.
By using ENCADE systems and services, you acknowledge and agree that ENCADE may access, preserve, and disclose the account information and any content associated with that account if required to do so by law or in a good faith belief that such access safeguarding or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Agreement, including enquiry of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against forthcoming harm to the rights, property or safety of ENCADE systems and services, its users or the public as required or allowed by law. ENCADE cannot and will not be liable for any loss or damage arising from your failure to provide us with the correct information or to keep your password secure.
You understand that the technical processing and communication of ENCADE Customer Portal services, including your content, may involve (a) communications over various networks; and (b) changes to follow and adapt to technical requirements of connecting networks, tools or services.
You acknowledge and agree that any ENCADE system and any essential services used in connection with ENCADE systems contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content presented to you through ENCADE systems and services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as clearly authorized by ENCADE or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on ENCADE systems and services, in whole or in part except as specifically authorized in a separate written agreement.
Subject to this Agreement, ENCADE grants you a personal, non-transferable and non-exclusive right and license to use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the services, unless such activity is expressly permitted or required by law or has been expressly authorized by ENCADE in writing. You agree not to use modified versions of the Services, including (without limitation) for the purpose of acquiring unauthorized access to ENCADE systems and services. You agree not to access ENCADE systems and services by any means other than through the interface that is provided by ENCADE for use in accessing ENCADE systems and services except as specifically authorized in a separate written agreement.
Except as clearly authorized by ENCADE, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter ENCADE’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ENCADE systems and services.
ENCADE claims no ownership or control over any content submitted, posted or displayed by you on or through ENCADE systems and services. You or a third-party licensor, as appropriate, retain all patent, trademark and copyright to any content you submit, post or display on or through ENCADE systems and services and you are responsible for protecting those rights, as appropriate. ENCADE reserves the right to refuse to accept, post, display or transmit any content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
GENERAL PRACTICES REGARDING USE AND STORAGE
ENCADE holds the right to create acceptable limits on your use of the content, such as limits on file size, processing capacity, storage for withholding of content, and similar restrictions as else determined by ENCADE at its sole discretion. You agree that ENCADE shall have no obligation or liability for the loss or failure to store any content and other contacts maintained or transmitted by ENCADE systems and services. ENCADE can delete, as applicable, all or sections of your information upon termination of this Agreement.
6.1 ENCADE shall notify ENCADE systems and services’ Users of the login ID and other necessary information to use the ENCADE systems (“Login Information”), and ENCADE systems is entitled to manage any additions, changes and removes of User under ENCADE systems Customer’s own responsibility.
6.2 ENCADE systems customer shall maintain the Login Information under ENCADE systems Customer’s own responsibility. ENCADE shall not be liable for any ENCADE systems Customer’s damages caused by a leak of Login Information to a third party due to reasons not attributable to Company.
6.3 ENCADE systems Customer shall be responsible for any ENCADE’s, the Affiliates’ or any third party’s damages caused by ENCADE systems Customer’s inadequate safekeeping of Login Information, misuse of Login Information or any other reasons due to Portal Customer.
6.4 In case the Login Information defined in Article 6.1 is forgotten or stolen. ENCADE systems Customer shall promptly notify ENCADE thereof and, ENCADE systems Customer shall follow the Company’s instructions if given.
PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, copy, sell, trade, duplicate or exploit any portion of ENCADE systems, use of ENCADE ENCADE systems, or access to ENCADE systems for any commercial purposes except as otherwise specifically provided in this Agreement or as specifically authorized in any separate written agreement.
MODIFICATIONS TO SERVICE
ENCADE reserves the right to modify or discontinue, temporarily or permanently, ENCADE systems and services (or any part thereof) with or without notice at any time or from time to time. You agree that ENCADE shall not be accountable to you or to any third party for any modification, interruption or discontinuance of the ENCADE systems and services.
You may discontinue your use of the ENCADE systems and services at any time. You agree that ENCADE may at any time and for any reason, including a period of account inactivity, terminate your access to ENCADE systems and services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to ENCADE systems and services, your account or any files or other content contained in your account. Sections 9 (Termination), 11 (Indemnity), 12 (Disclaimer of Warranties), 13 (Limitations of Liability), 14 (Exclusions and Limitations) and 17 (including choice of law, severability and statute of limitations), of this Agreement, shall survive expiration or termination.
ENCADE systems and services may provide links to other World Wide Web sites or resources. ENCADE may have no control over such sites and resources, and you acknowledge and agree that ENCADE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ENCADE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
DISCLAIMER OF WARRANTIES
YOU EXPLICITLY UNDERSTAND AND AGREE THAT:
- Your use of the ENCADE systems and services is at your sole risk. You should not submit content without maintaining a copy of such content in another location as the content may be erased, removed or corrupted at any time with no liability to ENCADE. ENCADE systems and services are provided on an “as is” and “as available” basis.
- ENCADE does not warrant that (i) ENCADE systems and services will meet your requirements, (ii) ENCADE systems and services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of ENCADE systems and services will be accurate or reliable, (iv) The quality of any products, services, information, or other material obtained through ENCADE systems and services will meet your expectations, and (V) Any errors in the service will be corrected.
- ENCADE provides ENCADE systems and services as a convenience to court reporting agencies for managing their account with ENCADE and accessing other services. To the maximum extent permitted by law, ENCADE expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- Because ENCADE has no control over the materials and information submitted by ENCADE systems and services users, ENCADE makes no warranty, expressed or implied, as to the accuracy of these materials. It is solely the responsibility of the persons using the site to provide and maintain the accuracy of these materials and to monitor their use. ENCADE shall not, directly or indirectly, be liable, in any way, to the user or any other person for the use of this service or any content received through this service, or for any inaccuracies, errors in or omissions from the content provided by other users.
- No advice or information, whether oral or written, is obtained by you from ENCADE or through or from ENCADE systems and services services shall create any warranty not expressly stated in this Agreement.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENCADE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT ALSO NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF ENCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ENCADE CUSTOMER PORTAL; (ii) THE COST OF PROCUREMENT OF ADDITIONAL GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ENCADE SYSTEMS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ENCADE SYSTEMS AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO ENCADE SYSTEMS AND SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree that ENCADE may give you notices, including regarding amendments to this Agreement, by email or postings on ENCADE systems and services.
Choice of Law and Forum
This Agreement and the relationship between you and ENCADE shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. You and ENCADE agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario.
Waiver and Severability of Terms
The failure of ENCADE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Law of Limitations
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of ENCADE systems and services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
The section headings in this Agreement are for convenience only and have no legal or contractual effect. You also may be subject to further terms and conditions that may apply when you use or purchase some of the other ENCADE services, affiliate services, third-party content.
These Services are operated and provided by ENCADE Corporation, 2175 Blue Willow Cres, Ottawa, ON, K1W 1K7. For any inquiries, please contact ENCADE Corporations.