Last reviewed: January 2017
Right to Use
You agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You agree that you may not use the Website in any manner that could damage, disable, or impair the Website or interfere with any party's use thereof. You shall not obtain or attempt to obtain any Content through any means not intentionally made available or provided for through the Website.
You may: (i) not defame, abuse, harass, stalk, or threaten any person or party or otherwise violate the legal rights of others; (ii) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (iii) not advertise or offer to sell or buy any goods or services for any business purpose without the prior written consent of ECI; (iv) not conduct or forward surveys, contest, pyramid schemes or chain letters; (v) not collect information about others, including e-mail addresses, without ECI’s express prior written consent; (vi) comply with all of ECI’s requirements, procedures, policies regarding use of the Website and all applicable laws, rules and regulations; (vii) not take any action that could impose an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive; (viii) not upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software, hardware or telecommunications equipment; or (ix) not post any comment or remark disparaging to ECI.
ECI reserves the right to review and remove any materials in its sole discretion. In addition to any other rights and remedies available to ECI, ECI reserves the right to limit or terminate your access to any or all of its Websites, user groups or discussion forums at any time without notice for any reason whatsoever.
ECI reserves the right to monitor or review any areas of the Website where users are permitted to transmit or post communications or communicate solely with each other, including, without limitation, ECI discussion forums and user groups. ECI is not responsible for, and hereby disclaims any and all responsibility for, the content of any such user communications. ECI reserves the right to remove messages that include any material deemed abusive, defamatory, obscene, disparaging or that otherwise do not comply with these Terms or applicable laws, rules or regulations.
Account Control Responsibility
Where sections of a Website require that you create an account (which may require a user name, password and other information), by registering for such an account, a password and the right to use such portions of the Website, you represent and warrant to ECI that you are an authorized representative of your company with the right to accept these Terms on behalf of such company (and any additional terms required for access to such password-controlled content). You are solely responsible for maintaining the confidentiality of your user name and password and acknowledge and agree that you may be liable for losses incurred by ECI as a result of the misuse of your user name, password or account.
Third Party Content
While accessing and using the Website, you may encounter links to other websites controlled by third parties not affiliated with ECI ("Third Party Websites"). The Third Party Websites are not under the control of ECI and ECI shall not be responsible for the content of any Third Party Website, including, without limitation, any link contained in a Third Party Website, or any changes or updates to a Third Party Website. ECI provides links to Third Party Websites to you only as a courtesy, and the inclusion of any link is not an endorsement by ECI of such Third Party or any association with the party operating such Third Party Website.
All Content on the Website is protected by copyright in accordance with the laws of United States and international treaties. Unless otherwise expressly noted, ECI or its affiliates are the owners of all such copyrights. Except as expressly provided under these Terms, ECI and its affiliates reserve all copyrights in the Content and you acquire no right to copy Content from this Website, including downloading or printing or to distribute the materials in any way, electronic or otherwise. If you desire to copy and or use any of the Content other than as expressly permitted by these Terms, please contact ECI at the address noted below. All marks associated with products or services on this Website are the property of ECI or its affiliates or are used under license from the owner of such marks. You may not use or reproduce these marks in whole or in part without the express prior written consent of ECI. ECI reserves all rights to protect its intellectual property and proprietary rights to the fullest extent of applicable law.
Downloading and/or Use of Software
If you download software from a Website or subscribe to any services offered through a Website, use of such Software and/or subscription to such services will be subject to additional terms and conditions accompanying such Software and/or services. You are solely responsible for adequate protection and backup of your Software, data and equipment and you assume all risks associated with any Software you may download, access or use.
ECI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE. IN NO EVENT WILL ECI AND/OR ITS RESPECTIVE SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER WITH RESPECT TO THE SOFTWARE (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) EVEN IF ECI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You are hereby instructed to not submit any confidential or proprietary information from you in connection with your use of this Website. Any material, information or other communications that you transmit or post to a Website will be considered non-confidential and non-proprietary. ECI will have no obligation with respect to such material, information or other communications and will be free to copy, disclose, display, distribute, modify, incorporate, and otherwise use any of them without any obligation to you or any party whatsoever, for any and all purposes, commercial or otherwise. If you send ECI any material, information or other communications in connection with your use of a Website, you expressly acknowledge and agree that ECI shall have the right to use any ideas, concepts, know-how, or techniques embodied therein for any purpose whatsoever and without compensation to you in any form or fashion.
ALL CONTENT AND SERVICES PROVIDED THROUGH THIS WEBSITE AND ANY OTHER ECI WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. IN PARTICULAR, ECI DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF ANY THIRD PARTY RIGHTS. CONTENT AND/OR SERVICES ACESSIBLE ON ANY ECI WEBSITE MAY BE OUT OF DATE, INACCURATE OR INCOMPLETE AND ECI MAKES NO COMMITMENT TO UPDATE OR CORRECT THE CONTENT OR SERVICES ACCESSIBLE VIA THE WEBSITE OR TO NOTIFY YOU OF ANY CHANGES. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES TO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL ECI, ITS AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, THOSE RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF ANY USE OF ANY ECI WEBSITE, OR THE CONTENT OR SERVICES ACCESSIBLE VIA ANY ECI WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEAGL THEORY AND WHETHER OR NOT ECI IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY.
Compliance with Export Rules and Regulations
Software and other Content accessed via this Website may be subject to United States export control laws and regulations and may also be subject to the laws of the country where you reside. You agree not to transfer or otherwise export any such Software or Content in violation of such laws, including, without limitation, to third parties who are residents or nationals of countries subject to United States embargo or to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Person’s List. You agree to comply with all relevant export laws and regulations, including those of the United States and any other applicable jurisdiction to assure that the Software, Content or anything related to the Website are not exported, directly or indirectly, in violation of any applicable law or regulation, including all U.S. export control laws and regulations.
Sweepstakes, Contests, Raffles, Surveys and Similar Promotions.
Digital Millennium Copyright Act Issues
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send ECI a notice requesting that ECI remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send ECI a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
ECI Software Solutions, Inc.
4400 Alliance Gateway Freeway, Suite 154
Fort Worth, Texas 76177
Attn: Vice President and General Counsel
Availability to non-U.S. Residents
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Texas, without regard to their conflict of laws provisions. You hereby expressly consent, and waive any jurisdictional, venue or inconvenient forum objections, to the exclusive jurisdiction and venue of the State and Federal courts located in Dallas, Texas, in all disputes arising out of or relating to your use of the Website.
Copyright © 2017 ECI Software Solutions, Inc. All rights reserved.