The software, provided through this website (“Site”), and all of its contents, such as text, graphics, logos, images, data, buttons, icons, audio clips, information and the like (hereinafter collectively referred to as “Software”) is property of eComSystems, Inc. (hereinafter referred to as either “eCom” or “Licensor”) and is protected by U.S. and international copyright laws. The compilation of all Content on this Site (“Content”) is exclusive property of eComSystems, Inc. and is protected by U.S. and international copyright laws. All software used in conjunction with this site is the property of eComSystems, Inc., or its software suppliers and is protected by U.S. and international copyright laws.
By using this Software, you (“User”) agree to be bound by the following:
- Site Access and Use. User agrees to utilize this Site in accordance with the terms and conditions as set forth by Licensor, including those in the Licensing Agreement, those provided herein and those posted on the Site through which the Software is accessed.
- Sublicense. Upon agreement to the terms of this User Agreement, User is granted a limited, non-transferable, non-exclusive sublicense to access and use the Software as set forth herein for the Term of this User Agreement. All right, title, and interest in the Software shall remain with Licensor. The license granted herein is not a sale of the Software or any portion thereof and conveys neither title to, nor ownership of, the Software or any Object Code or source code for the Software (or any enhancements, upgrades or customization thereto) to User. Neither User, nor its employees nor its agents shall transfer, assign, rent, or convey this license of the Software, or any interest therein, to any third party, or permit the copying, modification, duplication, displaying, disclosure, or any other unauthorized use of the Site or the Software under any circumstances.
- Content. User represents and warrants that it has the right to submit (if applicable) the Content provided herein for the intended use, and that User’s receipt and retention of the Content, and the manipulation, transfer, and other actions upon the Content performed by User, Licensor, or others through the Software, will not violate the copyright, trademark, or other intellectual property or proprietary interests of a third party.
- Software Access and Use. All Users of the Software must be legally bound by License Agreement, to the terms of the User Agreement or must otherwise separately agree to the User Agreement terms. User is responsible for the proper acquisition, use, and security of Software granted in accordance with this User Agreement. User agrees that it is not to allow third parties or other unauthorized users to use Software and that it will not seek to acquire additional Software access through deception or misrepresentation regarding the nature of the corporate or employment relationship of any entities or persons to User.
- Proprietary Nature of Software and Licensor’s Intellectual Property. User acknowledges that the Software and the associated Site Content and materials are subject to know how and intellectual property interest including but not limited to those pertaining to patents, copyright, trade secrets, confidential business information, trademarks, service marks, trade dress, logos, and trade names, all developed at substantial expense by Licensor, and that this site is subject to U.S. Patent No’s. 7,315,983, 7,665,105, 7,673,237, 7,698,719, 7,707,081, 7,774,715, 7,890,873, 8,091,031, 8,285,590, 8,296,183 as well as other US and international patents pending and international copyright law. User agrees that User shall not copy, reverse engineer, decompile, disassemble or modify any portion of the Site or Software, or disseminate any of Licensor’s Proprietary Information except as permitted under this Agreement, nor shall User in any manner circumvent Licensor’s ownership of Licensor’s Proprietary Information. User further agrees that User shall not use, copy or reproduce any trademark or service mark owned by Licensor.
- Copyright and Trademarks. All Content included on this Site, such as text, graphics, logos, images, data, buttons, icons, audio clips, software and the like is property of eCom and is protected by U.S. and international copyright laws. The compilation of all Content on this site is exclusive property of eComSystems, Inc. and is protected by U.S. and international copyright laws. All software used in conjunction with this site is the property of eCom or its software suppliers and is protected by U.S. and international copyright laws. “eComSystems”, “eCom”, “AdStudio”, “AdViewer”, “Adam”, “AdTracker”, “DataManager”, “AdManager”, “InstantAds”, “AdVisor”, “AdVision” and all other eCom graphics, logos, service marks and trade names are trademarks of eCom. eCom’s trademarks may not be copied, reproduced or used in connection with any other product or service that is not owned by eCom in any manner.
- Disclaimer of Warranties. EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SITE AND ITS CONTENT IS PROVIDED “AS IS” AND THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
- Additional Disclaimer. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR SUITIBILITY OF SITE CONTENT AND RELATED INFORMATION RECEIVED FROM, USED BY, OR CREATED BY USER OR SUPPLIED BY OTHER USERS, AND DISCLAIMS ALL LIABILITY RELATED THERETO, INCLUDING FOR DAMAGES RESULTING FROM USER’S USE OF OR RELIANCE THEREON. IT IS THE USER’S SOLE RESPONSIBILITY TO PREVIEW, VERIFY AND VALIDATE ALL SITE CONTENT.
Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE TO USER FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE PERFORMANCE OF THIS AGREEMENT, WHETHER BASED ON ACTIONS, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPTING ONLY DAMAGES OR CLAIMS CAUSED BY THE WILLFUL MISCONDUCT OR GROSS NEGLIGENCE OF LICENSOR.
IN NO EVENT WILL LICENSOR BE LIABLE FOR USER’S USE OF THE SOFTWARE, RESULTS OF DECISIONS MADE OR ACTIONS TAKEN BASED UPON USE OF THE SITE, OR ANY FAILURE TO TAKE ACTION, CLAIMS MADE, PROMOTIONS, PRICING OR OFFERS EXTENDED OR OTHER CONTENT PRODUCED BY USER, OR ANY THIRD PARTY CLAIM MADE AS A RESULT OF USE OF THE SITE. LICENSOR IS NOT LIABLE FOR ANY ACTIONS TAKEN OR REPRESENTATIONS MADE BY USER RELATED TO THE ACCURACY, LEGALITY OR QUALITY OF PRODUCTS OR INFORMATION PRODUCED THROUGH THE SOFTWARE.
LICENSOR IS NOT REPSONSIBLE FOR ERRORS PRODUCED THROUGH THE SOFTWARE AND USE OF THIS SITE INCLUDING INCORRECT INFORMATION, PRICING OR OTHER CONTENT NOR ANY COSTS INCURRED DUE TO SUCH ERRORS INCLUDING COSTS OF PRINTING, MAILING, DISTRIBUTION, POSTAGE, LOSS OF REVENUE, OR OTHER COSTS.
LICENSOR MAY, WITHOUT LIABILITY, REFUSE TO PRODUCE MATERIALS DEEMED TO BE UNLAWFUL, MISLEADING, OR POTENTIALLY OFFENSIVE IN ANY WAY AT LICENSOR’S SOLE DISCRETION. HOWEVER, LICENSOR HAS NO RESPONSIBILITY OR OBLIGATION TO REVIEW OR SCREEN SITE MATERIALS.
- Indemnification. User agrees to and shall indemnify, defend, and hold harmless Licensor, from any and all claims, actions, whether at law or in equity, losses, damages, costs and expenses (including reasonable attorneys’ fees and all costs of defense), whether accrued or paid, arising from or in connection with the performance of User’s obligations hereunder, including the provision of the Content, any manipulation, reproduction, publication, or other use of the Content or any derivative work created therefrom and User’s representations and warranty with respect to Branding, Content, and any other or included intellectual property rights and any intellectual property or right of personal infringement claim or claim of misrepresentation, defamation, liable, unfair or deceptive trade practices, or other claim regarding or resulting from the same, and all loss, damage or injury to any person or property occasioned by or arising from the possession, and the operation, use or modification, of the Software by the employees, agents, independent contractors, guests and invitees of User.
- No Transfer of License. Nothing in this Agreement shall be construed to transfer to the User any right, title or interest or copyright in any Confidential and Proprietary Information, or any license to reverse engineer, decompile, sell, exploit, copy or further develop any such Confidential and Proprietary Information. This Agreement does not in any way bind the parties to enter into a business relationship of any nature. All right, title and interest in and to any inventions and any patents that may be based upon or arise out of the Company’s property or information, including, without limitation, the Confidential and Proprietary Information shall belong to the Company.
- Applicable Law. This Software is created and controlled by eComSystems, Inc. in the State of Florida, USA. As such, the laws of the State of Florida and the county of Sarasota will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of law. eComSystems, Inc. reserves the right to make changes to this Software and these disclaimer, terms and conditions at any time.