Welcome to etron, provider of customized software solutions ("Software")
These Terms of Use ("Terms") govern your access to and use of the Software provided by etron ("Company," "we," "us," or "our"). Please read these Terms carefully before using the Software. By accessing or using the Software, you ("you" or "User") agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Software.
By accessing or using the Software, you affirm that you are of legal age to enter into these Terms and have the authority to do so. If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you have the authority to bind that organization or entity to these Terms.
The Software is intended for use exclusively in Canada and the United States. The Software is not intended for use within the European Economic Area (EEA), and use by residents thereof violates these Terms.
Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Software for your internal business purposes.
You agree not to:
You retain all ownership rights in any User Content you submit to the Software. However, by submitting User Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Software and the Company's business.
You represent and warrant that you have all necessary rights to grant the licenses described in these Terms and that your User Content does not violate any third-party rights.
The Company reserves the right to remove any User Content that violates these Terms or that the Company deems objectionable for any reason in its sole discretion.
The Software and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by Canada and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless the Company, its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Software, including, but not limited to, your User Content, any use of the Software's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Software.
The Company may terminate your access to all or any part of the Software at any time, with or without cause, with or without notice, effective immediately. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms shall be governed by and construed in accordance with the laws of the Manitoba without regard to its conflict of law provisions. You agree that any legal suit, action, or proceeding arising out of or relating to these Terms or the Software shall be instituted exclusively in the federal courts of Manitoba or the provincial courts of Manitoba.
These Terms constitute the entire agreement between you and the Company with respect to the Software and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Software.
No waiver of by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
The Company reserves the right to modify these Terms at any time in its sole discretion. If the Company makes material changes to these Terms, it will post the updated Terms and update the "Last Updated" date of these Terms. Your continued use of the Software following the posting of revised Terms means that you accept and agree to the changes.
All notices and other communications hereunder shall be in writing.
If you have any questions about these Terms, please contact us at: terms@etron.ca
Last updated: April 4, 2025