| Last Revision: Nov. 18, 2004
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY
USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND
CONDITIONS.
These terms and conditions ("Site Terms") apply exclusively
to your access to, and use of, this Web site and do not alter
in any way the terms or conditions of any other agreement you
may have with e1Tech for products, services or
otherwise. e1Tech reserves the right to amend at
any time any policies governing this Web site, including these
Site Terms and e1Tech's Privacy Policy, by posting
the amended terms on this Web Site. You will be able to tell
that a revision has been made by the date of the last revision
indicated at the top of the document. The amended Site Terms
shall be effective immediately after they are initially posted
on this Web Site. If you do not accept the amended Site Terms,
you must cease using this Web site.
1. Privacy Policy Please refer to
the Privacy Policy for this site for information on how
e1Tech uses and collects information.
2. Proprietary Rights; Limited
License Unless otherwise indicated, all Web site
materials, including, without limitation, the
e1Tech logo, and all text, designs, graphics,
other files, and the selection and arrangement thereof, are
the proprietary and copyrighted property of e1Tech
or its licensors. Subject to the terms set forth in these Site
Terms, e1Tech grants you a limited license to make
informational, non-commercial use only of this Web site. You
may view and electronically copy and print to hard copy
portions of this Web site for the sole purpose of using
materials it contains for informational, non-commercial use
only. Any other use of this Web Site or the materials
contained herein without the prior written permission of
e1Tech is strictly prohibited, including without
limitation: (a) any resale or commercial use of this Web site
or its content; (b) the retransmission, rebroadcasting or
other distribution, display or publication of any information
contained in this Web site; (c) making derivative uses of this
Web site and its contents; (d) use of any data mining, robots
or similar data gathering or extraction methods; (e)
downloading (other than the page caching) of any portion of
this Web site or any information contained on this Web site,
except as expressly permitted on this Web site; or (f) any use
of this Web site other than for its intended purpose.
Products, processes or technology described in this site
may also be subject to other intellectual property protection
as well, and all rights therein are reserved by
e1Tech. Except as noted above, you are not
conveyed any right or license by implication, estoppel or
otherwise in under any patent, trademark, or other proprietary
right of e1Tech or any third party. All
information provided by e1Tech on this Web site is
the sole and exclusive property of e1Tech or its
contributors or licensors.
3. Confidentiality You acknowledge that
this Web site may contain valuable Confidential Information
(as defined below) of e1Tech, and you agree to
protect and preserve such Confidential Information against any
unauthorized use, copying, distribution or disclosure. Without
limitation of the foregoing, you agree to use the Confidential
Information solely for the purposes for which it has been
disclosed to you by e1Tech. You further agree not
to disclose any Confidential Information to any third party,
except as necessary to carry out the purpose for which such
Confidential Information was provided and only to third
parties who are under confidentiality restrictions not to
disclose such information. As used herein, Confidential
Information shall mean any nonpublic information that is
proprietary or confidential to e1Tech or any
information of a third party that e1Tech is
obligated to keep confidential, including, but not limited to,
information which relates to e1Tech's products,
services, technology, research, development, product ideas,
clients, customers, employees, contractors, business and
marketing plans, finances, contracts, legal affairs or
business affairs.
4. Trademarks e1 Technologies,
e1Tech the e1Tech logo, and any
product or service name or slogan contained in this Web site,
are either trademarks or registered trademarks of
e1Tech and its licensors, and may not be copied,
imitated or used, in whole or in part, without the prior
written permission of e1Tech. In addition, all
page headers, custom graphics, button icons, and scripts are
service marks, trademarks, and/or trade dress of
e1Tech, and may not be copied, imitated, or used,
in whole or in part, without the prior written permission of
e1Tech. All other trademarks, registered
trademarks, product names and company names or logos mentioned
herein are the property of their respective owners.
5. Repeat Infringer
Policy e1Tech respects the
intellectual property of others, and we ask our users to do
the same. e1Tech may, in appropriate circumstances
and at its own discretion, limit access to this Web site
and/or terminate the accounts of any users who infringe the
intellectual property rights of others.
6. Claims of Copyright Infringement; Designated
Agent If you believe that any material on this Web
site infringes upon any copyright which you own or control, or
that any link on this Web site directs users to another Web
site that contains material that infringes upon any copyright
which you own or control, you may file a notification of such
infringement with our Designated Agent. Please see our Notice
and Procedure for Notifying Designated Agent of Claims of
Copyright Infringement.
7. Submissions You agree that any
materials, including but not limited to questions, comments,
suggestions, ideas, plans, notes, drawings, original or
creative materials or other information, provided by you in
the form of e-mail or submissions to e1Tech, or
postings on this Web site, are non-confidential and shall
become the sole property of e1Tech.
e1Tech shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the
unrestricted use of these materials for any purpose,
commercial or otherwise, without acknowledgment or
compensation to you. The submission of any materials to
e1Tech, including the posting of materials to any
forum or interactive area, irrevocably waives any and all
"moral rights" in such materials, including the rights of
paternity and integrity.
8. Forums & Interactive Areas This
Web site may include discussion forums or other interactive
areas, including chat rooms or bulletin boards ("Interactive
Areas"). You are solely responsible for your use of such
Interactive Areas and use them at your own risk. By using any
forum or interactive areas, you agree not to post, upload to,
transmit, distribute or otherwise publish through this Web
site any of the following:
- Any message, data, information, text, graphics or other
material ("Content") that is unlawful, libelous, defamatory,
obscene, pornographic, indecent, lewd, harassing,
threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise
objectionable;
Content that would constitute, encourage or provide
instructions for a criminal offense, violate the rights of
any party, or that would otherwise create liability or
violate any local, state, national, or international law,
including without limitation, the regulations of the U.S.
Securities and Exchange Commission, any rules of any
securities exchange such as the New York Stock Exchange, the
American Stock Exchange, or the NASDAQ;
Content that may infringe any patent, trademark,
trade secret, copyright or other intellectual or proprietary
right of any party. By posting any Content, you represent
and warrant that you have the lawful right to distribute and
reproduce such Content;
Content that impersonates any person or entity or
otherwise misrepresent your affiliation with a person or
entity;
Unsolicited promotions, advertising or solicitations
for funds, goods or services, including junk mail and spam,
without the express written permission of
e1Tech;.
Private information of any third party, including
without limitation addresses, phone numbers, email
addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive
or destructive files; and
Content that, in the sole judgment of
e1Tech, is objectionable or which restricts or
inhibits any other person from using or enjoying the
Interactive Areas or the Web sites, or which may expose
e1Tech or its users to any harm or liability of
any type.
e1Tech takes no responsibility and assumes
no liability for any Content posted or uploaded by you or any
third-party, or for any mistakes, defamation, slander, libel,
omissions, falsehoods, obscenity, pornography or profanity you
may encounter. Your use of the Interactive Areas is at your
own risk. Information posted in any Interactive Area should
not be considered authoritative and cannot be guaranteed as to
accuracy. As a provider of interactive services,
e1Tech is not liable for any statements,
representations, or Content provided by its users in any
public forum, personal home page or other Interactive Area.
Although e1Tech has no obligation to screen, edit
or monitor any of the Content posted in any Interactive Area,
e1Tech reserves the right and has absolute
discretion, to remove, screen or edit any Content that
violates these provisions or is otherwise objectionable. Any
use of the Interactive Areas or the Web site in violation of
the foregoing is in violation of these terms and may result
in, among other things, the termination or suspension of your
rights to use the Interactive Areas and/or the web site.
9. Hyperlinks You are granted a
limited, non-exclusive right to create a hyperlink to this Web
site provided such link does not portray e1Tech or
any of its products and services in a false, misleading,
derogatory or otherwise defamatory manner. This limited right
may be revoked at any time. You may not use, frame or utilize
framing techniques to enclose any e1Tech
trademark, logo or other proprietary information, including
the images found at this web site, the content of any text or
the layout/design of any page or form contained on a page
without e1Tech's express written consent. Except
as noted above, you are not conveyed any right or license by
implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or proprietary right of
e1Tech or any third party.
e1Tech makes no claim or representation
regarding, and accepts no responsibility for, the quality,
content, nature or reliability of Web sites accessible by
hyperlink from this Web site, or Web sites linking to this Web
site. The linked sites are not under the control of
e1Tech and e1Tech is not responsible
for the contents of any linked site or any link contained in a
linked site, or any review, changes or updates to such sites.
e1Tech is providing these links to you only as a
convenience, and the inclusion of any link does not imply
affiliation, endorsement, or adoption by e1Tech of
the site or any information contained therein.
10. Third Party Content &
Services e1Tech may provide links to
Web pages and content of third parties ("Third Party Content")
as a service to those interested in this information.
e1Tech does not monitor nor does it have any
control over any Third Party Content or third party Web sites.
e1Tech does not endorse or adopt any Third Party
Content and can make no guarantee as to its accuracy or
completeness. e1Tech does not represent or warrant
the accuracy of any information contained therein, and
undertakes no responsibility to update or review any Third
Party Content. Users use these links and Third Party Content
contained therein at their own risk.
11. Export Control Laws The United
States Export Control laws prohibit the export of certain
technical data and software to certain countries and
territories. No content from this Web site may be downloaded
or otherwise exported in violation of United States law.
Neither the services nor products of e1Tech,
including technical information about such products and
services, may be downloaded or otherwise provided or made
available, either directly or indirectly: (i) into (or to a
national or resident of) any country subject to a U.S.
embargo, trade sanctions or similar export restrictions
(currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and
Syria) or to individuals or entities controlled by such
countries; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals and Blocked Persons,
the U.S. Commerce Department's Table of Denial Orders, or on
any similar list of persons to whom export restrictions apply.
By agreeing to these Site Terms, you agree to the foregoing
and represent and warrant that you are not located in, under
the control of, or a national or resident of any such country
or on any such list.
12. Disclaimer THIS WEB SITE AND THE
MATERIALS IN THIS WEB SITE ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
e1Tech DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT. e1Tech DOES NOT REPRESENT OR
WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE,
COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. e1Tech
DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS
SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
e1Tech reserves the right to change any and all
content contained on this Web site at any time without notice.
Reference to any products, services, processes, or other
information, by trade name, trademark, manufacturer, supplier,
or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by
e1Tech.
13. Limitation of Liability IN NO EVENT
SHALL e1Tech, OR ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY
KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF
PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
WEB SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH,
THIS WEB SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED
BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION
OBTAINED FROM e1Tech, OR THAT RESULTS FROM
MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR
E-MAIL, ERROR, DEFECTS, VIRUSES, DELAYS IN OPERATION OR
TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT
RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO e1Tech'S
RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE
AGGREGATE LIABILITY OF e1Tech (WHETHER IN
CONTRACT, WARRANTY TORT-INCLUDING NEGLIGENCE, WHETHER ACTIVE,
PASSIVE, OR IMPUTED-PRODUCT LIABILITY, STRICT LIABILITY OR
OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF
e1Tech'S WEB SITE EXCEED ANY COMPENSATION YOU PAY,
IF ANY, TO e1Tech FOR ACCESS TO OR USE OF THIS WEB
SITE.
14. Indemnification You agree to
defend, indemnify and hold harmless e1Tech, its
independent contractors, service providers and consultants,
and their respective directors, employees and agents, from and
against any third party claims, damages, loss, liability,
costs and expenses (including, but not limited to, reasonable
attorney's fees) arising out of your use of the
e1Tech Web site and any discussion forums or
interactive areas contained herein, including without
limitation any actual or threatened suit, demand, or claim
made against e1Tech and/or its independent
contractors, service providers, or consultants, arising out of
or relating to your conduct, your violation of these terms and
conditions, or your violation of the rights of any third
party.
15. Applicable Law These terms and
conditions shall be governed by and construed in accordance
with the laws of the State of Washington, without resort to
its conflict of law provisions. You agree that any action at
law or in equity arising out of or relating to these terms and
conditions shall be filed only in the state and federal courts
located in King County, Washington and you hereby irrevocably
and unconditionally consent and submit to the exclusive
jurisdiction of such courts over any suit, action or
proceeding arising out of these terms and conditions.
16. Modification &
Amendments e1Tech reserves the right
to amend at any time any policies governing this Web site,
including these Terms and Conditions and e1Tech's
Privacy Policy, by posting the amended terms and providing
notice of such amendments. The amended terms shall be
effective immediately after they are initially posted on this
Web site. If you do not accept the amended terms, you should
cease using this Web site.
17. Termination Notwithstanding any of
these terms and conditions, e1Tech reserves the
right, without notice and in its sole discretion, to terminate
your license to use this Web site, and to block or prevent
future access to and use of this Web site.
18. Severability If any provision of
these terms and conditions shall be deemed unlawful, void, or
for any reason unenforceable, then that provision shall be
deemed severable from these terms and conditions and shall not
affect the validity and enforceability of any remaining
provisions.
19. Questions & Contact
Information General questions or comments about
these Site Terms may be directed to e1Tech's
Office of Legal by e-mail at legal@e1Tech.com
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