This website is provided by Rick Searle. (D.B.A. Ekos Explorations and Ekos Communications). By accessing the Rick Searle website (the “Site”), you are indicating your acknowledgement and acceptance of these Terms of Use (the “Terms”). Rick Searle reserves the right to change, modify, add, or delete portions of this Terms at any time. We will provide notice of such changes by posting the updated Terms on our Site and changing the “last updated” date listed above. Your use of this Site after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these Terms of Use regularly.
Restrictions on Use
All material included on this Site, and any other Site owned, operated, licensed or controlled by Rick Searle, such as text, graphics, logos, images, photographs, audio clips, digital downloads, data compilations and software (the “Content”), is the property of Rick Searle and is protected by Canadian and international copyright laws. Modification or use of the Content except as expressly provided in these Terms of Use violates Rick Searle’s intellectual property rights.
The Content may not be copied, distributed, republished, uploaded, posted or transmitted in any way without the prior written consent of Rick Searle, except that:
- You may download, print, distribute and use pages from the Site for your own informational, non-commercial purposes, but not for commercial use or general distribution.
2. Any copies of documents or pages from the Site must not alter the original Site content and must include the Rick Searle copyright notice: ©. All Rights Reserved.
3. You may link to this Site provided that the link does not falsely imply or suggest that Rick Searle has endorsed or is affiliated with the linked Site.
This Site might include discussion forums or other interactive areas, including, but not limited to, blogs and discussion areas. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Site. Users of the Site must not:
- Monitor, gather or copy any Content on this Site by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.
2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).
3. Engage in any activities through or in connection with this Site that seek to attempt to harm minors or are unlawful, offensive, obscene, threatening, harassing, abusive or that violate any right of any third party.
4. Attempt to circumvent the security systems of the Site.
5. Attempt to gain unauthorized access to services, materials, or other accounts, computer systems or networks connected to any server used by Rick Searle.
6. Attempt to use the Site for any purposes other than those intended by Rick Searle, as determined by Rick Searle in its sole discretion.
7. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
8. Engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site. You also agree that, in using this Site, you will not impersonate any person or entity.
9. Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable.
10. Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law. Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party.
12. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
13. Without Rick Searle’s written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services.
The Content and the functionality of the Site may be updated or changed at any time without prior notice. In addition, if Rick Searle becomes aware that you are copying, modifying or distributing the Content of the Site other than for the permitted uses of the Site, Rick Searle reserves the right to revoke your right to these permitted uses.
Proprietary Information Consent
If you wish to use material contained on this Site other than for your individual review and individual educational purposes, and the copyright ownership of such material is held by a third party, then you must secure the permission of such third party in order to use such material. If you are not a customer of Rick Searle and wish to download and use any information contained in this Site other than for your individual review and individual educational purposes or in connection with your customer relationship or potential customer relationship with Rick Searle, send a request with your proposed use to Rick.Searle@gmail.com.
If the webmaster approves your request to use Rick Searle’s Site Content, you are granted permission to view, use, reproduce, copy and distribute documents within Rick Searle’s Site for the sole purposes specified in your Request form. You agree to all terms below:
- Not to modify the documents, publications or graphics
2. Not to quote materials out of context
3. To retain and display the copyright notice of Rick Searle on such Content
Rick Searle shall have the right to monitor use of this Site to determine compliance with these Terms of Use, revoke its consent at any time and you shall immediately cease any further use of the Rick Searle’s Site Content. The foregoing consent does not include permission to copy the design elements, look and feel or layout of Rick Searle’s Site. Subject to the further terms set forth above, you assume all risks concerning the suitability and accuracy of the information within Rick Searle’s Site which you propose to use, subject to Rick Searle’s consent.
Disclaimer
Rick Searle cannot guarantee that the Site or its content is error free and Rick Searle makes no representations about the technical accuracy or functionality of the Site or that the Content is accurate, error free or up to date.
Rick Searle is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or redemption to be received by Rick Searle on account of technical problems or traffic congestion online or on the Internet or at any Site, or any combination thereof including any injury or damage to entrant’s or any other person’s computer related to or resulting from downloading any materials consistent with use of Rick Searle.
THIS SITE IS PROVIDED BY RICK SEARLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. RICK SEARLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. RICK SEARLE DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE, UP TO DATE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND RICK SEARLE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT RICK SEARLE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTENT. RICK SEARLE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
Limitation of Liability
Neither Rick Searle, any of its affiliates, directors, officers and employees, nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site or the operation of the Site or failure of the Site to operate. In no event shall Rick Searle be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages or any damages whatsoever, even if Rick Searle has been previously advised of the possibility of such damages, whether in an action in contract, negligence, or any other theory, arising out of or in connection with the use, inability to use or performance of the information, services, products and materials available from this Site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Your acceptance of this limitation of liability is an essential term of this agreement and the parties acknowledge that Rick Searle would not grant access to the Site without your agreement to this term.
Rick Searle does not represent or warrant this site or its server(s) are free of viruses or other harmful components. Rick Searle reserves the right to change any and all Content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Rick Searle.
Indemnification
You agree to defend, indemnify and hold harmless Rick Searle, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Intellectual Property
You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted, and may not be used except as provided in these Terms of Use or with the written permission of Rick Searle. Nothing posted on this Site grants a license to any Rick Searle trademarks, copyrights or other intellectual property rights, whether by implication, estoppel or otherwise. Any rights not expressly granted herein are reserved.
Third Party Trademarks
Trademarks displayed on this Site not owned by Rick Searle are the property of their respective owners, who may or may not be affiliated with Rick Searle. Nothing contained on this Site should be construed as granting any license or right to use any third party trademarks without the written permission of such third party that may own the trademarks. Your use of the trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. We ask that you respect these rights.
Linked Sites
This Site may link to or be linked from other websites that are not maintained by, or related to, Rick Searle. Rick Searle does not endorse, and is not responsible for, the content of any of those third-party websites.
Sales of Services
All sales of services are subject to Rick Searle’s standard terms and conditions of sale, a copy of which is available upon request.
Governing Law
You agree that your use of this Site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of British Columbia and Canada. Any dispute relating to this Agreement shall be resolved solely in the provincial or federal courts located in Victoria, BC.
Termination
Rick Searle reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Site, to block or prevent future access to and use of this Site, and to remove and discard any Content.
Severability
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.
Contact Us
We welcome your questions or comments regarding the Terms:
Email: Rick.Searle@gmail.com
Last updated March 2017