EFFONE.COM AND RELATED WEB SITES USAGE
Welcome to the EffOne.com web site and other related domains (the "Site"). Please review the following Terms and Conditions and note that your use of the Site constitutes your agreement to follow and be bound by them.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, PLEASE DO NOT USE THIS SITE.
In these Terms and Conditions "we" and "us" refer to EffOne Software, Inc ("EffOne") and/or related/partner companies as applicable and "you" and "your" refer to the user visiting and utilizing the Site.
While all reasonable attempts have been made to ensure the accuracy and reliability of the materials located at the Site, including the information, advertisements, images, graphics, descriptions, illustrations, designs, text, icons, and photographs (collectively, the "Materials"), we do not represent or endorse the accuracy or reliability of any of the Materials contained on, distributed through or linked, downloaded or accessed from the Site. Additionally, we do not represent or endorse the quality, reliability or the accuracy of any products or other materials manufactured or supplied by others. EffOne reserves the right, in its sole discretion and without any obligation, to make improvements, to alter or correct any error or omissions in any portion of the Materials.
The Site may contain hyperlinks to web sites operated by others ("Linked Sites"). We do not operate or control any information, products or services on the Linked Sites and are not responsible for any data or change in data on the Linked Sites, or for the continued functionality of the link. The provision of the Linked Sites is solely a convenience to you, and does not imply any approval or endorsement of those sites.
THE SITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S) ARE PROVIDED BY EFFONE ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THIS INCLUDES WITHOUT LIMITATION WARRANTIES OF TITLE, SECURITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. EFFONE DOES NOT WARRANT THAT THE SITE AND THE MATERIALS IT CONTAINS AND THE APPLICATIONS PROVIDED AND ANY LINKED SITE(S) ARE COMPLETE, ACCURATE, RELIABLE OR ERROR FREE OR THAT THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO REPRESENTATIONS ARE MADE AS TO THE CONTINUED AVAILABILITY OF THE SITE OR OF ANY OF ITS FUNCTIONALITY.
You agree that we are not responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Site. You agree that we are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You agree that we are not responsible for any content transmitted via the Site by any third-party.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, MATERIALS IT CONTAINS AND ANY LINKED SITE(S), THAT SUCH USE IS SOLELY AT YOUR OWN RISK. ALL USERS OF THE SITE ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT USED IN CONNECTION WITH THE USE OF THE SITE AND THE MATERIALS IT CONTAINS AND ANY LINKED SITE(S). ADDITIONALLY, ALL USERS UNDERSTAND AND AGREE THAT EFFONE AND ITS OFFICERS, DIRECTORS AND EMPLOYEES ARE NOT LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO THEIR USE OF THIS SITE, THE MATERIALS IT CONTAINS OR ANY LINKED SITE(S).
LIMITATION OF LIABILITY
EFFONE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, EXPENSES OR COSTS OF ANY KIND, EVEN IF EFFONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING DIRECTLY OR INDIRECTLY FROM ANY OF THE FOLLOWING: YOUR USE OF OR INABILITY TO USE THE SITE; YOUR RELIANCE ON THE SITE OR ANY MATERIALS IT CONTAINS; EFFONE'S TERMINATION OF THE SITE, OR OF YOUR USE OF THE SITE; THE FAILURE, OR ALLEGED FAILURE, OF ANY PRODUCTS OR SERVICES PURCHASED OR TRANSFERRED ON THE SITE TO CONFORM TO ANY SPECIFICATIONS OR TERMS, WHETHER PUBLISHED ON THE SITE OR NOT; THE FAILURE OF ANY MEMBER TO DELIVER, OR TO PAY FOR, PRODUCTS OR SERVICES PURCHASED OR TRANSFERRED ON THE SITE; ANY LOSS OR DELAY IN SHIPMENT; ANY BREACH, OR ALLEGED BREACH, OF ANY WARRANTY COVENANT OR OTHER TERM, EXPRESS OR IMPLIED, RELATING TO ANY TRANSACTION INITIATED, NEGOTIATED OR CLOSED ON THE SITE; OR LOSS OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF A USER'S TRANSMISSIONS OR DATA.
We store certain information that relates to you on the Site, such as transaction information and your Site personalization preferences. We take reasonable measures to preserve this data for your use, but we disclaim any liability for any change, corruption, or loss of this data.
COPYRIGHT & TRADEMARK
Unless otherwise noted, all Materials are owned by or licensed to EffOne. These Materials are protected under U.S. and international copyright, trademark, and other laws. All manufacturer, service, and product names mentioned on the Site are the trademarks of their respective owners. The Site as a whole is protected by U.S. and international copyright and trademark statutes.
The Materials and the Site as a whole are intended solely for use by our business clients. You may download or copy only information that relates to your own business and any data directed to you from us or third-parties./p>
No right, title or interest in any downloaded or viewed Materials is transferred to anyone as a result of any such downloading or copying. You may not copy or reproduce (except as noted above), publish or post, publicly display or perform, transmit, distribute, modify, create derivative works from, sell or participate in any sale of, or exploit in any way other than as expressly permitted here any of the Materials, or the Site as a whole.
When users participate in online transactions through the Site, they create a record that may be reviewed by auditors.
We appreciate all comments, remarks, feedback, suggestions, ideas and other submissions customers and users may disclose or transmit to us (collectively "Comments"). EffOne is not obligated to keep the Comments confidential or pay any compensation for those Comments. The Comments shall be solely the property of EffOne. EffOne shall own solely all rights, titles and interests in and to the Comments, and EffOne shall not be limited in any way in its use of any Comments.
You alone are responsible for the content of the messages or information you communicate to us or other users via the Site. You agree that you will not use the Site for chain letters, junk mail or "spamming," to create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message, to circumvent any security system or obtain unauthorized access to any data or system, to engage in other illegal activities, or to engage in activities which might give rise to any other civil liability. You agree that any messages or information you communicate via the Site shall not be false, inaccurate or misleading, shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, and shall not violate any law, statute, ordinance or regulation. Further, you agree that any messages or information you communicate via the Site shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, and shall not create liability for us or cause us to lose (in whole or in part) the services of our ISP's or other suppliers.
Some of the Materials posted on the Site are provided by third-parties. For example, we may provide certain news content, commodity and equity quotes, and articles provided by external data/content vendors. We do not review this material for accuracy, and we simply act as a conduit for these third-party materials. You may use them, for your internal purposes and in connection with the Site, at your own sole risk, and you may not re-distribute or otherwise make copies of them.
You agree to identify, defend and hold EffOne and our affiliates, partner companies, and the respective officers, directors, owners, agents, information providers and licensors of EffOne (collectively, the "EffOne Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' and experts' fees) incurred by any EffOne Party in connection with any breach of these Terms and Conditions by you or otherwise in connection with your use of the Site.
These Terms and Conditions are effective unless and until terminated by EffOne.
Subject to the Survival provisions below, you can terminate your obligations under these Terms and Conditions by ceasing to use the Site. Your use of the Site is an agreement to these Terms and Conditions, as they may be modified from time to time.
We reserve the right, in our sole discretion, to restrict, suspend or terminate your access to all or any part of the Site at any time, for any reason or no reason, without prior notice or liability. We may change, suspend or discontinue all or any aspect of the Site at any time, including the availability of any feature, database, or Materials without prior notice or liability. We may terminate these Terms and Conditions at any time without notice to you for any reason, including your failure to comply with these Terms and Conditions.
On termination, certain sections of these Terms and Conditions survive by their own nature, such as those relating to venue, personal jurisdiction, and indemnity.
VENUE AND PERSONAL JURISDICTION
These Terms and Conditions are governed by and shall be construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of law.
You and we agree to submit to the personal jurisdiction of the courts of Santa Clara County, California, for the purpose of resolving disputes arising out of or connected to these Terms and Conditions or your use of the Site.
If any provision of these Terms and Conditions shall be 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.
EffOne reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions at any time for any reason or no reason. Any such changes or modifications will be effective immediately once they are posted on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms and Conditions, including any changes made by EffOne, as permitted above. If you refuse to be bound by any modification of these Terms and Conditions, you should stop using the Site. The updated, online version of these Terms and Conditions shall supersede any prior version. These Terms and Conditions were last modified on September 1, 2006.
Except as explicitly stated otherwise, any notices to EffOne shall be given by certified mail to EffOne Software, Inc., Attention: Legal Department, 1294 Kifer Rd #709, Sunnyvale, CA 94806. Notices shall be deemed given five (5) business days after the date of mailing.