Use of this Web Site
While eaTools has tried to ensure the accuracy, currency and reliability of this Web Site, eaTools does not accept any responsibility or liability arising from the use of this Web Site including from any error, omission or from the use of any information contained in this Web Site as explained in EXCLUSION OF WARRANTIES and LIMITATION OF LIABILITY below. Due to the nature of the Internet, it is not possible for eaTools to limit access of this Web Site to those jurisdictions in which it does business. Services, products, or advertisements in this Web Site may therefore not be eligible for solicitation in your jurisdiction. You should not consider anything at this site as an advertisement, offer to sell or as a solicitation of an offer to buy any product or service from eaTools. This Web Site is for use only by persons residing in jurisdictions where eaTools’ services, advertisements or information may legally be offered. You may not link to any page of this Web Site, unless specifically authorized by eaTools to do so.
Copyright, Trademarks and Trade Names
Except where indicated, all content included on this Web Site, including text, graphics, button icons, images, date compilations and software is the property of eaTools and is protected by Canadian and international copyright laws.
Certain names, graphics, logos, icons, designs, words, titles or phrases at this Web Site may constitute trade names, trademarks or service marks of eaTools or other entities. Trademarks may be registered in certain countries as applicable. A display of trademarks on pages of this Web Site does not imply that a license of any kind has been granted. Any unauthorized downloading, retransmission or other copying or modification of trademarks and/or the contents herein may be a violation of the applicable trademark laws in your jurisdiction and could subject the copier to legal action.
Unless otherwise specified, no one has permission to copy, redistribute, reproduce or publish in any form, any information found at this Web Site.
EXCLUSION OF WARRANTIES
eaTools MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ADEQUACY, ACCURACY, SECURITY, RELIABILITY, TIMELINESS OR COMPLETENESS OF THIS WEB SITE OR THE INFORMATION CONTAINED IN THIS WEB SITE AND eaTools EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE WEB SITE OR THIS INFORMATION CONTAINED IN THE WEB SITE. THIS INFORMATION AND THE PRODUCTS AND SERVICES PROVIDED IN THIS WEB SITE ARE PROVIDED “AS IS” “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EITHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, FREEDOM FROM COMPUTER VIRUS, NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
eaTools INCLUDING, WITHOUT LIMITATION, IT’S OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, PERSONAL INJURY OR ANY PECUNIARY LOSS (EVEN IF eaTools IS ADVISED OF THE POSSIBILITY) ARISING IN ANY WAY FROM THE USE OF OR RELIANCE ON THIS WEB SITE OR INFORMATION CONTAINED IN THIS WEB SITE OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF eaTools IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. eaTools SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES THAT MAY BE CAUSED TO ANY EQUIPMENT AND OTHER SOFTWARE DUE TO ANY VIRUSES, DEFECTS OR MALFUNCTIONS IN CONNECTION WITH ACCESS OR USE OF THIS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ALL CLIENTS, POTENTIAL CLIENTS, APPLICANTS, LESSEES, MORTGAGORS AND VENDORS
eaTools believes in sharing the credit & funding conditions with our clients. We advise Vendors (Suppliers, Dealers, Distributors & Manufacturers) in writing of the credit approval & funding conditions. Vendors should seek legal advice to protect their interests when delivering their equipment to their Customer whether the Customer chooses to finance their equipment, or lease, or pay cash or be on certain payment terms. Should the lender or Customer not pay the Vendor invoice, you agree eaTools will not be held liable for any costs to you or any party associated with the sale of the goods and that eaTools has not requested you to order, manufacture or ship your goods. Prior to funding, subject to lender (or Lessor) acceptance are, the final invoice(s), the Vendors credit (at lenders option), the Customers credit (if approval expired), verification the Customers initial payment has cleared or proof of payment is valid, that the Customer insured the goods & assigned the insurance to the lenders satisfaction, perform a verbal audit with the Customer (at lenders option) to ensure delivery, proper signing authority and lease acceptance. If multiple vendors on one lease all Vendors to deliver before any one is paid. If ANY material change should occur to the Lessee, Client, Guarantors, Co-Lessees or Vendors at any time in the opinion of the lender, or if adverse credit information or events occur which creates additional risk to the lender prior to the signed acceptance of all Lease documents by the lender, then the lender is under no obligation to fund the Lease. eaTools does not perform credit adjudication on lenders, Customers, Agents, Brokers, Vendors or Co-brokers & is not responsible for their actions. Potential residential financing mortgage, factoring, equipment and vehicle leasing clients (applicants) understand and agree that the Lender may not fund their transaction based on their underwriting criteria and credit conditions and these same potential clients (applicants) furthermore agree to hold eaTools harmless should the Lender or Underwriter not fund. Vendor warrants the equipment will comply with all warranties & representations made by you or your Agent to the Customer (or Lessee) or to the Lessor & that all such warranties & representations shall be fully enforceable by the Lessor, or by the Lessee in its own name, as the Lessors assignee. There are no other agreements either written or oral by the Vendor or its Agent(s), with any eaTools. agent or the customer that may adversely affect the terms and conditions of the Factor or Lease.
Choice Of Law
The laws of the Province of Ontario and the laws of Canada applicable therein shall govern as to the interpretation, validly and effect of this agreement notwithstanding any conflict of law’s provisions of your domicile, residence or physical location. You consent and submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding instituted under or related to this agreement.