Acceptance of Agreement
The content organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site is strictly prohibited. You do not acquire ownership rights to any content or materials viewed through the Site.
You are solely responsible for the content and context of all items and materials you compose or otherwise distribute in using the Services. You warrant and agree that, while accessing the Site or any Content and during or as a result of using any Service, you shall not: A. upload, transmit, publish, distribute, or reproduce in any way information, software, or other material that is protected by copyright or other intellectual property rights, without first obtaining proper permission; B. impersonate any other person or entity or misrepresent your affiliation with any other person or entity; C. upload, transmit, publish, distribute, or reproduce any libelous, defamatory, threatening, unlawful, abusive, fraudulent, pornographic, obscene, profane, or otherwise objectionable information of any kind (including any transmissions constituting or encouraging conduct that would give rise to civil liability, constitute illegal activity, or otherwise violate any local, state, national or foreign law, rule, or regulation); D. distribute or otherwise transmit any data, software, communications, text, links, messages, information, files, or other materials that may be considered harmful, defamatory, obscene, threatening, hateful, harassing, vulgar, unlawful, abusive, or racially, ethnically, or otherwise objectionable; E. violate any applicable regulations, rules, or laws, or otherwise use the Services in any manner that violates any applicable regulations, rules, or laws (including regulations, rules, or laws relating to unsolicited messages or calls and U.S. export requirements); and F. harass, threaten, embarrass, or cause distress or discomfort upon another party.
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.
Restrictions and Prohibitions on Use
Certain sections of, or offerings from, the Site may require you to register. If registration is requested, you agree to provide us with accurate, complete registration information. Your registration must be done using your real name and accurate information. Each registration is for your personal use only and not on behalf of any other person or entity. We do not permit (a) any other person using the registered sections under your name; or (b) access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.
You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
Although eGencee believes that the Site, the Content, and the Services are reliable, eGencee makes no guarantees with respect to any of the foregoing. CONSEQUENTLY, THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES ARE PROVIDED “AS IS” AND EGENCEE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, THE SOFTWARE, AND ALL OTHER CONTENT AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY (WHETHER EXPRESS, IMPLIED, OR STATUTORY), FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. EGENCEE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE USE OF THE SITE OR THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE SITE, THE SERVICES, OR ANY OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Limitation of Liability
eGencee (including its directors, officers, employees, and agents) and any Affiliated Party shall not be liable for any damages (including any special, direct, indirect, incidental, exemplary, or consequential damages, expenses, lost profits, lost savings, business interruption, lost business information, or any other damages) arising out of, (a) the use or inability to use the Site, the Services, or any of the software even if eGencee has been advised of the possibility of such damages, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of a Covered Party. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
Use of Information