Terms of Use JumpTrack® ROI Calculator

November 2015

ECI Software Solutions, Inc. (“ECI”) provides the JumpTrack ROI Calculator (“JumpTrack ROI Calculator”) as a service to help potential customers analyze potential cost savings when purchasing and utilizing JumpTrack software (“JumpTrack”). The estimates provided by the JumpTrack ROI Calculator are provided to help you determine whether you desire to further investigate Proof of Delivery options with ECI. The JumpTrack ROI Calculator only provides estimates. Such estimates are not a guarantee of savings. A number of other factors may affect your actual savings, and your actual savings may differ. Please carefully read all of these Terms and Conditions of Use (the “Terms”). By viewing and utilizing this JumpTrack ROI Calculator, you acknowledge that you have read, agreed to, and understand these Terms.

ECI PROVIDES THE JUMPTRACK ROI CALCULATOR “AS IS” AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT.

IN NO EVENT SHALL ECI OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DAMAGES, INCLUDING CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE JUMPTRACK ROI CALCULATOR, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ECI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

The JumpTrack ROI Calculator is provided to you at no charge. ECI has included in these Terms provisions that disclaim all warranties and liability for the JumpTrack ROI Calculator. To the full extent allowed by law, YOU HEREBY RELEASE ECI AND ITS AFFILIATES FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO THE JUMPTRACK ROI CALCULATOR OR ITS USE. No refund will be made because the JumpTrack ROI Calculator was provided to you at no charge. The JumpTrack ROI Calculator is only intended for use in the United States.

ECI owns all right, title and interest in and to the JumpTrack ROI Calculator. All trademarks are the property of ECI Software Solutions, Inc. or their respective owners. You are merely provided with a temporary right to access and use the JumpTrack ROI Calculator for the purposes permitted by these Terms.

These Terms constitute the entire agreement between ECI and you, superseding all prior oral or written representations, agreements or understandings with respect to the subject matter hereof.  There are no representations, warranties, conditions, guarantees or agreements relating to such subject matter except those expressly stated in these Terms. These Terms may be amended at any time by ECI, with or without notice.  Any amendments to these Terms shall appear on updated versions of this webpage, and your continued use of the JumpTrack ROI Calculator constitutes your consent to any such amendments.  If you do not consent to such amendments, immediately cease using the JumpTrack ROI Calculator. If any provision of these Terms is ruled invalid or unenforceable, the provision shall be severable from these Terms so that the remaining provisions are unaffected.

These Terms shall be governed and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws provisions. The parties agree that exclusive jurisdiction for any dispute arising under or related to these Terms shall be with the appropriate state or federal court in Dallas, Texas and each party consents to the jurisdiction of such court in any action or proceeding and waives any objection to such venue. TO THE FULLEST EXTENT PERMITTED BY LAW, AND AS SEPARATELY BARGAINED-FOR CONSIDERATION, EACH PARTY HEREBY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, OR COUNTERCLAIM OF ANY KIND ARISING OUT OF OR RELATING TO THESE TERMS.

For questions regarding the JumpTrack ROI Calculator or these Terms, please contact JumpTrack support at jumptracksupport@ecisolutions.com