(Last updated on July 4th, 2024)

ELYSIS LIMITED PARTNERSHIP
TERMS OF USE

© 2018 Copyright, ELYSIS Limited Partnership (“ELYSIS LP,” “ELYSIS”, “we,” “us” or “our”). All rights reserved. Reproduction, adaptation, or translation without permission is prohibited except as allowed under the international copyright laws. All the text, graphics, design, content, and other works are the copyrighted works of ELYSIS™.

TERMS OF USE

Welcome to the corporate website of ELYSIS LP (www.elysis.com) (“Website”). We provide you with access and use of our Website, subject to your compliance with the terms and conditions of use (“Terms of Use”) set forth herein as well as any and all policies and additional terms that are or may be posted on our Website, including our Privacy Policy, which is incorporated herein by reference. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. The information and materials provided by ELYSIS LP may be used for informational purposes only.

By using, accessing or downloading materials from this Website you agree to be bound by the Terms of Use and all applicable laws, which apply to all your visits to the ELYSIS LP Website, both now and in the future. We reserve the right to modify and update these Terms of Use at any time and in our sole discretion. If the Terms of Use are changed, we will post the new terms on our Website and note the date they were last updated. Any changes or modifications will be effective upon posting of the revised Terms of Use, and your continued use of the Website following the posting will constitute your acceptance of the new Terms of Use. You are encouraged to periodically visit this page to review the most current Terms of Use to which you are bound. If you do not agree to be bound by these Terms of Use and applicable law each time you use this Website or you do not have the authority to agree to or accept these Terms of Use, please do not use this Website.

The Terms of Use apply exclusively to your access to, and use of, the Website and do not alter in any way the terms and conditions of any other agreement you may have with us for products, services, or otherwise.

PRIVACY POLICY

We have adopted a Privacy Policy that you should refer to fully understand how we use, collect and disclose your personal information. By using our Website, you are consenting to the collection, use and disclosure of your personal information in accordance with our Privacy Policy.

WEBSITE ACCESS AND RESTRICTIONS

ELYSIS LP grants you a limited licence to view, download and copy information and materials available on this Website solely for your personal, informational and non-commercial use. You may also use such material within your organization in connection with the support of ELYSIS LP's products and services.

This licence does not include, without limitation: (a) any resale or commercial use of the Website or any information, software and materials on the Website (including, but not limited to, any trademarks design, product names, prices and descriptions, HTML text, graphics, other files, photographs, codes, layout, designs, forms and the selection and arrangement thereof) (“Website Materials”) (b) modification, adaptation, translation, reverse engineering, decompilation, disassembly or conversion into human readable form any of the Website Materials not intended to be so read, including use of or directly viewing the underlying HTML or other code from the Website except as interpreted and displayed in a Web browser; (c) copying, imitating, mirroring, reproducing, distributing, publishing, making available, downloading, displaying, performing, posting or transmitting any Website Materials (including any ELYSIS LP trademarks) in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or other means; (d) the collection, use or disclosure of any product listings, prices or descriptions; (e) making derivative uses of the Website and any Website Materials; or (f) use of any data mining, bots, spiders, automated tools or similar data gathering and extraction methods, directly or indirectly, on the Website Materials or to scrape or collect any information from the Website or any other user of the Website.

As a condition of use, you agree not to modify or revise any of the Website Material in any manner, and to retain all copyright and other proprietary notices as contained in the original materials on any copies of the materials. No other use of the materials or information is authorized. Any violation of the foregoing may result in civil and/or criminal liabilities.

We may terminate this licence and your use of or access to the Website if you make or permit any unauthorized use of the Website. Such actions by you may violate applicable law including, without limitation, copyright laws, trademark laws (including trade dress), patent laws, and communications regulations and statutes. We reserve the right to initiate civil or criminal proceedings, or both, against all violators to the fullest extent of the law.

Except as expressly specified in these Terms of Use, nothing contained herein shall be construed as conferring by implication, waiver, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of ELYSIS LP or any third party.

INTELLECTUAL PROPERTY

The information and any Website Materials (including white papers, press releases, data sheets, product descriptions, and FAQs) available on or from this Website are the copyrighted works of ELYSIS LP, and any unauthorized use of that information or materials may violate copyright, trademark and other laws.  Any rights not expressly granted herein are reserved.

TRADEMARK INFORMATION

ELYSIS LP, ELYSIS, and ELYSIS logo are registered trademarks of ELYSIS Limited Partnership and may not be copied, imitated or used, in whole or in part, without the prior written permission of ELYSIS Limited Partnership. All other trademarks, brands, logos and names mentioned on the Website are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without their owners’ prior written permission.

USE OF THE WEBSITE

If you provide information to us via the Website or through other electronic or non-electronic forms of communication, you agree that any such information will be current, accurate and complete. In addition to the more specific rules found elsewhere in these Terms of Use, you also agree that:

• You will not use the Website in any manner that violates these Terms of Use in any way;
• You will not use the Website in any manner that violates any intellectual property rights of ELYSIS LP or any third party;
• You will not use any device, software or any other method to interfere or attempt to interfere with the proper working of the Website, including taking any action that imposes an unreasonable or disproportionality large load on the software and hardware infrastructure relating to the Website;
• You will not use the Website in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;
• You will not use the Website to harvest or scrape any content from the Website in an unreasonable manner;
• You will not use the Website in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to ELYSIS LP or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether personal information or not) of ELYSIS LP, other Website users, or any other third party; and
• You will use the Website in good faith, and in compliance with all applicable local, provincial, national and international laws.

SUBMITTING A REQUEST

By submitting a request to ELYSIS LP, you hereby consent to the transfer of your personal data to ELYSIS LP (including all its subsidiaries and affiliates) in Canada, the United States of America and elsewhere, and to their authorized third-party contractors or agents, and to the processing of such data for the purpose of answering your request. By submitting a request to ELYSIS LP, you confirm that you have read and understood our Privacy Policy, that you are fully informed of the reasons for processing and transfer of your personal information and that you are aware of all your rights regarding such personal information and all applicable laws. If at any time hereafter you decide that you want to withdraw your consent given, you shall contact ELYSIS LP to inform them of this decision. You also have the right to have any incorrect information which is stored by ELYSIS LP rectified. Please refer to ELYSIS LP Privacy Policy for more information.

UNSOLICITED IDEAS OR FEEDBACK

ELYSIS LP receives many ideas, Suggestions, Feedback, and proposals, and has many of its own projects under development. Therefore, it is possible the idea or proposal you plan to submit to ELYSIS LP has been considered and/or may already be in the planning stages.

Nonetheless, you agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or submissions to ELYSIS, or postings on the Website, (“Submissions”), including any such information you provide when you respond to surveys or requests for opinions as feedback (“Feedback”), concerns and preferences are non-confidential and that you remain solely responsible and liable for your Submissions or Feedback. You further hereby grant (or warrant that the owner of the Submissions or Feedback has granted) to us and our assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, worldwide, assignable, sub-licensable, right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or Feedback or any ideas, concepts, know-how or techniques associated with the Submissions or Feedback for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on our part or that of our assigns, and you hereby waive all moral rights, or agree, represent and warrant that all moral rights in the Submissions or Feedback (including without limitation the rights of paternity, attribution and integrity) are irrevocably waived, in favor of us and our assigns. You represent and warrant that you own or otherwise control all rights in and to the Submissions or Feedback you provide and have the right to grant the license granted above to us, our affiliates, subsidiaries and service providers.

LINKS TO OTHER WEBSITES

As a convenience and to make the ELYSIS LP Website truly service oriented, we may have included links to complementary third-party websites, applications or services on the Internet (“Third-Party Services”). These Third-Party Services are owned and operated by third parties and are not covered by the Terms of Use. ELYSIS LP makes no claim or representation and is not responsible for the availability of, or content located on or through, these Third-Party Services. A third party link from the ELYSIS LP Website is not an indication that ELYSIS LP endorses the third party or its site, or has any affiliation with or between ELYSIS LP and the third party hosting site. Any such hyperlinks provided by ELYSIS LP are for your reference only and are used at your own risk. We encourage you to check the terms of use and/or privacy policy of any Third-Party Service you visit.

In no way shall ELYSIS LP, its affiliates and subsidiaries, and all of our or their respective shareholders, officers, directors, employees, agents, partners, principals, suppliers, licensors, representatives, successors and assigns (collectively referred to as the “Representatives”) be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (i) for your use of Third-Party Services that may be linked to from the Website or the information thereon; (ii) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those Third-Party Services; (iii) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to Third-Party Services; or (iv) for the actions of the operators of any such Third-Party Services.

CHILDREN

This Website is designed for and intended for use by adults. Persons under the age of 18 may use the Website only with the involvement of a parent or guardian. If you are a parent or legal guardian, you must monitor and supervise the use of the Website by children, minors and others under your care. You agree to be responsible for their use of the Website.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The ELYSIS LP Internet team strives to provide you with useful, accurate, and timely information on this Website. Accordingly, ELYSIS LP has attempted to provide accurate information and materials on this Website but assumes no responsibility for the accuracy and completeness of that information or materials. ELYSIS LP may change the content of any information or materials available at this Website, or to the products described in them, at any time without notice. However, ELYSIS LP makes no commitment to update the information or materials on this Website which, as a result, may be out of date. Information and opinions expressed in bulletin boards or other forums are not necessarily those of ELYSIS LP.  To the extent permitted by applicable law, neither ELYSIS LP, nor its officers, directors, employees, agents, distributors, consultants, affiliates or other Representatives are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on ELYSIS LP's Website. ELYSIS LP reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

ALL INFORMATION AND MATERIALS AVAILABLE AT THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ELYSIS LP DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ELYSIS LP DOES NOT REPRESENT OR WARRANT THAT INFORMATION OR OTHER MATERIALS FOUND ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, NOR THAT THE WEBSITE OR ITS SERVER IS FREE OF VIRUSES OR OTHER SIMILAR HARMFUL COMPONENTS, EVEN IF ELYSIS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK.

IN NO EVENT SHALL ELYSIS LP OR ITS REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH WEBSITES, WHETHER BASED IN AN ACTION IN CONTRACT, TORT OR OTHERWISE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

If, for any reason and despite the previous paragraphs, we are found to be liable, in no event shall the aggregate liability to you or to any third party (whether in contract, warranty, tort (including but not limited to negligence) or other theory) arising out of or relating to the use of the Website or its content, exceed $10 CAD or the amounts paid by you to us under these Terms of Use in the 3 months prior to the action giving rise to the liability, whichever is less.

ACKNOWLEDGEMENT

Some jurisdictions do not allow the disclaimer of warranties or the exclusions or limitations of damages, so such disclaimers, exclusions or limitations may not apply to you, and you may have rights additional to those contained herein.

INDEMNITY

To the fullest extent permitted by applicable law, you hereby agree to indemnify and hold us (including our affiliates and subsidiaries, as well as our and their respective officers, directors, employees, and agents) harmless from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your breach of these Terms of Use, your use of our Website or your breach of any law or the rights of a third party.

TERMINATION OF USE

ELYSIS may, in its sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. ELYSIS LP may also, in its sole discretion and at any time, terminate or suspend your access to all or part of the ELYSIS LP Website, including, but not limited to any bulletin boards on its site, for any reason, including without limitation, breach of this agreement.

The termination of the Website or of your access to the Website shall terminate the present Terms of Use as between you and ELYSIS LP. In the event this agreement is terminated, all provisions of these Terms of Use which by their nature should survive the termination of these Terms of Use shall survive termination, including, without limitation, the intellectual property provisions, the restrictions regarding Website Materials, and the representations and warranties, indemnities, and limitation of liabilities set forth in the Terms of Use.

GOVERNING LAW, JURISDICTION AND VENUE

This agreement shall be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada applicable in the Province of Quebec in force at the time, without regard to conflict of law provisions. The Canadian courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this agreement, and each party hereby consents to the jurisdiction and venue of such courts.

GENERAL PROVISIONS

Severability: If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force.

Waivers: No waiver, express or implied, by ELYSIS LP of any breach of or default under these Terms of Use will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.

Entire Agreement: This contains the entire agreement between you and ELYSIS LP concerning your use of the site, and the agreement shall not be modified, except in writing, signed by both parties.

CONTACT US

If you have questions regarding ELYSIS LP's Terms of Use, please email: privacyofficer-elysis@elysis.com