apply to an individual's or entity's use of the
As used in this Agreement, "We," "Us" or
"Our" refers to
, and "You" or "Your" refers to the user.
"Site" means any
ECMI site posted on the
World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions
and Your waiver of any and all claims against
, its parents, subsidiaries, affiliates, contractors, agents,
officers, directors or employees arising out of Your use of Our Site or
any materials, information, opinions or recommendations contained on Our
any time and in Our sole discretion, by posting a change notice or a new
user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU,
YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED
USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS OF
USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
All content included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of Our
content suppliers and is protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property protected by U.S. and
international copyright laws. All software used on Our Site is Our
property or that of Our software suppliers and is protected by U.S. and
international copyright laws. You may electronically copy and print in
hard copy portions of Our Site for the limited purpose of placing an order
with Us or using it as a shopping resource. Any other use-including
reproduction for purposes other than those noted above, modification,
distribution, transmission, republication, display or performance-of the
content on a Site without Our prior written permission is strictly
Unauthorized copying of the software, or failure to comply with the above
restrictions, may result in severe civil and criminal penalties.
Unauthorized duplication of the software constitutes copyright
infringement and, in the United States, is punishable in a federal
criminal action by a fine of up to U.S.$250,000 and imprisonment for up to
five (5) years. In addition, federal civil penalties allow the recovery of
actual damages based on the number of copies produced plus the profits of
the infringer, or statutory damages of up to U.S.$100,000 for willful
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS
AVAILABLE ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES
ARISING OUT OF COURSE OF PERFORMANCE, DEALING OR TRADE USAGE). IN
ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE
CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER, WE TAKE NO
RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH OUR SITE OR
FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions or
original or creative ideas (collectively, "Materials") submitted
through Our Site. If despite this policy you submit any such Materials, We
will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure of such
Materials. Without limitation, We will own the exclusive rights to the
Materials and will be entitled to unrestricted use of the Materials for
any purpose, commercial or otherwise, without compensation to the
submitter of such Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN
CONNECTION WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH
RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF
ANY, FOR ACCESSING OUR SITE.
You will defend and hold harmless
subsidiaries, affiliates, contractors, agent, officers, directors and
employees against all claims, losses, damages, liabilities, costs and
expenses (including reasonable attorneys' fees and costs) made due to or
including, without limitation, any claim arising out of unauthorized links
to Our Site.
8.1 Nonwaiver. If We fail to insist upon or enforce strict
performance of any provision or right under the t8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict
performance of any provision or right under the terms and conditions of
or right; rather, the same will be and remain in full force and effect.
construed and enforced in all respects in accordance with the laws of the
State of Georgia to the exclusion of any other law which may be imputed in
accordance with choice of law rules applicable in any jurisdiction. The
1980 U.N. Convention on Contracts for the International Sale of Goods or
hereunder, You irrevocably consent to the jurisdiction and venue of any
state or federal court sitting in xx County, Wisconsin, USA, and You
will not commence an action or proceeding relating to the subject matter
8.3 English Language Governs. It is
English. C'est la volonté explicite des parties que ces termes d'usage
soient rédiger en anglais.
8.4 Independent Contractor. ies or as imposing any
partnership or franchiser obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with
all statutes, regulations, rules, ordinances and orders of any
governmental body, department or agency that apply to or result from Your
use of Our Site.
unlawful, void or for any reason unenforceable, then that provision will
be deemed severable from and will not affect the validity and
enforceability of any remaining provisions.
Operations: 1285 Barring Blvd. #405 - Sparks, NV 89434