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Terms of Use
1. Acceptance of Terms of Use
The following rules govern the use by you of ECRAT.COM. The rules set forth herein apply to all materials, online communications and other information that is or becomes available on ECRAT.COM (or referred to as the Site).
BY SIGNING ON AND USING THE SITE, YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
Subject to the terms and conditions of these Terms of Use, we hereby grant you a nonexclusive, revocable, nontransferable, limited license to use the Site and its content, as set forth herein. If you do not agree to these Terms of Use, you may not use the Site. We may, in our sole discretion, amend these Terms of Use, at any time, by posting a change within the Terms of Use area of the Site. Each such change shall be effective ten (10) days following such posting or Terms of Use update. Your continued use of the Site following the effectiveness of any such changes will indicate your further agreement to be bound by such amended Terms of Use. If you object to any provision of these Terms of Use or any subsequent modifications to these Terms of Use or become dissatisfied with the Site in any way, your only recourse is to immediately terminate use of the Site.
You represent to us that you have the authority to perform any registration with the Site according to these Terms of Use and all applicable laws of relevant jurisdictions.
2. Privacy Statement
Any information provided by you or gathered by us or third parties during any visit to the Site is subject to the terms of our Privacy Statement, which is incorporated herein by reference. We encourage you to read and regularly review our Privacy Statement. In addition, if you purchase products through the Site via vendors (the term vendor represents all linked entities--whether government, business, educational institution, association or other entity) linked in the Site, you may be required to provide certain personal information, which may be subject to ours and, additionally, subject to the vendor's privacy statement.
3. Product or Services Purchases
Users may use certain portions of the Site to purchase or arrange purchase of products or services. All transactions for or arrangement of the purchases through the Site but with linked vendors shall be governed by the linked vendors terms of sale, as such terms may be in effect at the time of the transaction. You should carefully review the vendor's terms of sale to determine whether such terms meet your needs. The Site assumes no responsibility for these purchases. The vendor, and not ECRAT.com, shall be responsible for all aspects of sales generated from orders for vendor’s services and/or products, including, without limitation, processing payments, shipping orders, providing order status updates (such as confirmation and shipping status)and processing returns and refunds. The Site shall take no part in, and have no responsibility or liability for vendor sales transactions.
4. Registration
Certain areas of the Site may now or in the future require a password, and will require the user to register and provide certain data to the Site.
ECRAT.com may refuse to offer a password to any person or entity and may change its criteria for access to any protected areas of the Site at any time, at its sole discretion. In consideration of use of these portions of the Site, you represent and warrant that, in registering and providing such data to ECRAT.com:
(a) the information pertaining to yourself is true, accurate, current, and complete as required by various Site registration forms and (b) that you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Site has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ECRAT.com has the right to suspend or terminate your account or business listing, without refund or compensation for any advertising payment incurred by you, and may refuse any and all current or future use of the Site. All Registration Information will be treated in accordance with the Site’s Privacy Statement.
You are responsible for maintaining the confidentiality of your passwords and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.
5. Termination or Modification of the Site
You agree that we may at any time, and for any reason, modify, change, terminate or suspend any component of the Site or these Terms of Use, without notice and without liability of the Site to you or any third party. We may also impose limits on certain features of the Site or restrict your or any third party's access to part or all of the Site for any reason (including, without limitation, your breach of these Terms of Use) or no reason, without notice or penalty.
You acknowledge and hereby agree, through your use of the site, that we will not be liable in any form to you or any third party in the event that we exercise our right to modify or terminate access to the Site (or portions of the Site). Unless explicitly stated otherwise, any new features that augment or enhance the current Site will be subject to these Terms of Use.
6. User Conduct and Obligation to Applicable Law.
In connection with the use of the Site, you shall abide by all applicable federal, state or local laws, including those pertaining to such areas as libel, slander, defamation, product disparagement, harassment, invasion of privacy, obscenity, indecency, and copyright or trademark infringement. The information available on the Site may include intellectual property that is protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries. Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic (including that held in an electronic form) images, music, sound and other protected materials. The violation of applicable intellectual property laws may give rise to civil and/or criminal penalties.
You further warrant and agree that you will not:
- impersonate any person or entity or make any misrepresentation as to your affiliation with any other person or entity, or use the Site domain name as a pseudonym email address for any communications which you transmit from another location or through another service;
- interfere with or disrupt the use of the Site, nor interfere with the use of the Site by any user nor stalk, threaten, harvest email addresses or other personal information from, or in any manner harass any other user, or use any information provided by any other users for direct marketing or to transmit unsolicited email, or to upload, post, transmit, publish, or distribute any unauthorized or unsolicited advertising, solicitations, offers for the sale of services, unsolicited communications or offers for any investment opportunities (except as for those products or services that may be expressly permitted by the true and intended use of the Site);
- post, transmit or make available in any way through the Site any software or other materials which contain a computer virus, trojan horse, timebomb, worm or other rogue programming.
[N.B.: ECRAT.com has no obligation to detect the presence of any such programming. Any downloading of software or other materials or any other use of the information on or through the Site is at the user's risk, and you are advised to take adequate precautions to minimize any loss to your system caused by rogue programming, including use of anti-virus programs and proper backup of files.]
- use the Site in such a manner as to gain unauthorized entry or access to the computer systems of others;
- abuse the Site or any services, system resources, accounts, servers or networks connected to or accessible through the Site or any affiliated or linked programs or services.
7. Content of Information.
You are responsible for the content of any information you put on the Site. The information posted to the Site does not necessarily reflect the views of ECRAT.com and in no event shall the Site assume or have any responsibility or liability for any information posted to or linked to ECRAT.com or for any claims, damages or losses resulting from the use and/or appearance of such information on or accessed through ECRAT.com. The Site has no obligation to and may not in the normal course monitor or control any information that is posted to or becomes available through the Site. The Site reserves the right to review any information that is or becomes available on the Site. The Site also reserves the right to refuse to post or to edit or remove, in whole or in part, any information that is, in the Site's sole discretion, unacceptable, undesirable or in violation of these rules. The Site has no obligation to exercise such rights.
ECRAT.com has assumed and implemented a policy respecting the copyright law that provides for the termination in appropriate circumstances of users of the Site who are infringing on the law. The Site may terminate access for content providers or Site participants who are found repeatedly to provide or post protected material without necessary rights and permissions.
* * By submitting information to the Site, you grant it a perpetual, royalty-free, worldwide license to use, transmit, copy and display such information in any and all media now known or hereinafter devised and represent that you have all necessary rights in such posting. While ECRAT.com strives to provide users with high quality related resources on its Site, we cannot and do not ensure the quality or accuracy of the web sites to which we link.
8. General Practices Regarding Use and Storage
You acknowledge that the Site may establish general practices and limits concerning use of it, including without limitation the maximum number of days that information will be retained by it, the maximum disk space that will be allotted on your behalf, and the maximum number of occasions you may access the Site in a given period of time. You agree that the Site has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained by or transmitted through the Site. You acknowledge that ECRAT.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
9. Unsolicited Idea Submission Policy
** The Site does not accept unrequested ideas, such as those for new advertising projects, new promotions, processes, materials, marketing plans, etc.
The purpose of this policy is to avoid potential misunderstandings or disputes when the Site's content might seem similar to ideas submitted to it. Please do not send ideas or any original materials to ECRAT.com. If, despite this policy, you still send us your ideas and such materials, please understand that the Site makes no assurances that your ideas or materials will be treated as confidential or proprietary, and you hereby understand, agree and grant that ECRAT.com is free to use any concepts or techniques that you submit to it, for any purpose.
10. Intellectual Property Rights
You acknowledge that you will not acquire any rights to any materials or information on the Site by downloading any such information or materials from the Site. Any software or tools that are made available for download or use on the Site is proprietary to the Site and/or its licensors and suppliers and/or the Web sites to which it links. Certain third party software, etc. may be accompanied by individual end user license agreements and you may not download any such item from the Site unless you have agreed to the terms of such accompanying end user license agreements. Any and all proprietary software that may be made available to you via the Site shall be governed by these Terms of Use, unless otherwise agreed to in writing by ECRAT.com. Subject to the provisions contained in these Terms of Use, The Site grants to you, and you accept, a non-exclusive, non-transferable right and license to use (and to download where expressly permitted) the software or other intellectual property solely in connection with your use of the Site.
You may not download or export any content or other material through the Site in violation of any export or other applicable laws, restrictions, and/or regulations of the United States or foreign authority. You agree to comply with all such laws, restrictions and/or regulations. As between you and the Site, ECRAT.com owns all right, title and interest in and to the Site.
11. Use of Site Content
Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material or information contained on this Site or in commercially produced information presented to you through the Site by ECRAT.com or its third party licensors is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws. You are only permitted to use the content as expressly authorized herein or in writing from Ecrat.com.
12. Third Party Issues
The Site may offer information on and display advertisements for products or services sold by persons or entities not affiliated with us (each such person or entities may also be labeled as vendor). We present these features to you for your information only. We do not endorse these products and services. We make no representations or warranties regarding any such vendor
product or service, whether presented on the Site or in a separate email from us or any third party to you. All matters concerning any vendor product or service are solely between you and such vendor, whether or not we may have received some form of revenue or other remuneration in connection with any such matter. We shall not be liable to you or others for ANY damages arising from third party issues.
We may provide links to web sites, content and resources of third parties which are beyond our control. We are not responsible for the content on the world wide web that is contained outside our Site. When you leave the Site and enter a vendor or other third party web site, or any other web site, your rights and obligations will be governed by the agreements and policies of that site.
13. Disclaimer
While we strive to review well and take concern for the content we provide on our Site, we do not guarantee the accuracy or completeness of any content on or provided in connection with the Site. ECRAT.com, its affiliates and others may also provide advice as part of the content on the Site or accessed through the Site. You agree that such advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any advice and should exercise due diligence when evaluating and making decisions based upon any information and sources.
You agree, in connection with any use of the Site: to release ECRAT.com and its employees and persons and affiliated entities from any and all claims, demands and damages of any type and nature, known or unknown, disclosed or undisclosed, arising out of or in any way connected with advice or information used by you or used on behalf of you (including, without limitation, from disputes of any kind with any parties dispensing advice through the Site).
Use of this site is at your sole risk. The Site and its content is provided on an "as is" basis.
We make no warranty nor accept obligation that this Site or its content will meet your needs or demands or will be available or be without error or that the good or services or information received via this Site will be accurate, up-to-date or of acceptable quality or applicable to you.
No advice or information, whether oral or written, obtained by you from ECRAT.com or its employees or sites linked to the Site shall create any warranty from ECRAT.com not expressly made herein.
14. Liability Limitation
In no event, including negligence, shall ECRAT.com or its employees or affiliates, assignees or successors be liable for any direct, indirect, incidental, special, punitive or consequential damages incurred by you or any third party, arising out of or relating to the Terms of Use, the Site or its use or inability of use (including the inability of use that may be caused by, but not limited to, disruptions or failure of access caused by interruptions, errors, defects, mistakes, omissions, deletions of files, delays in opeartion or transmission, nondelivery of information, disclosure of communications, or any other failure of performance).
15. Indemnification
You agree to defend, indemnify and hold us, our affiliates, employees, successors and assignees harmless from any claim or demand, liability, judgment, damage, expense or loss, including court costs and attorneys' fees, made by any third party arising out or relating to your use of or access to the Site or the content or your linking to or emailing the Site, the violation of the Terms of Use by you, or by any other person using your passwords or account, or any intellectual property or other right of any person or entity.
16. Marks
Product, service, or company designations for companies other than ECRAT.com may be mentioned in the Site for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where the Site is aware of a claim, the designation appears in initial capital or capital letters.
17. Copyright
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Site that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide to the Site the following information:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c) Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact the complaining party;
e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our responsible person for notice of claims of copyright infringement on or regarding this Site can be reached as follows:
compliance@ecrat.com
18. Miscellaneous
These Terms of Use shall be governed by and construed in all respects by the laws of the State of West Virgina. In the event of any conflict between foreign laws, rules and regulations and those of the United States, you agree to submit to the exclusive jurisdiction of the courts located in the county of Berkeley, West Virginia, USA. The United Nations Convention on Contracts for the International Sale of Goods and Services will not apply to these Terms of Use. These Terms of Use and all documents relating hereto have been drafted and shall be interpreted in English.
If any provision of Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Any failure on the part of ECRAT.COM to act with respect to your breach of these Terms of Use does not waive its right to act with respect to subsequent or similar breaches.
Neither party shall be liable for any delays or other failures to perform resulting from circumstances or causes beyond its reasonable control, including, without limitation, fire or other casualty, web site or power outages, act of nature, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority.
You acknowledge that you have read and understood these Terms of Use by your use of the Site and that these Terms of Use have the same force and effect as a signed agreement.
If you have any questions regarding these Terms of Use or the Site, please communicate via compliance@ecrat.com
Updated:
January 20, 2006
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