Terms and Conditions
WEB SITE USAGE TERMS AND CONDITIONS
WELCOME TO THE EAI INFORMATION SYSTEMS WEB SITE (the “Site”). PLEASE READ THESE TERMS AND CONDITIONS (“TERMS”) CAREFULLY BEFORE USING THIS SITE. YOUR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND AGREEMENT TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS SITE.
Proprietary Rights. Unless otherwise indicated, all information, documents, products, software, services and other content (the "Materials") provided on or through this Site are owned by or licensed to EAI Information Systems (“EAI” “we,” or “us”) and are protected under U.S. and foreign copyright, trademark, and other intellectual property laws. EAI™ and all other brand names, whether or not designated with a ™ or ®, are owned by EAI or its licensors. Except as stated in these Terms, none of the Materials may be copied, downloaded, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or recording, without the prior express written permission of EAI.
Except as stated in these Terms, nothing on this Site shall be construed as conferring, by estoppel, implication or otherwise, any license to any intellectual property rights of EAI or its licensors. You are responsible for obtaining any such license to use such intellectual property rights beyond the scope of these Terms.
EAI’S Modifications. We may modify the content of our Site from time to time without notice to you, including modifying these Terms. Your continued use of the Site after such modifications are posted indicates your acceptance of such modifications. If you do not wish to accept these Terms or any modifications to them or the Site, your sole and exclusive remedy is to cease using the Site.
Rights in Content. We grant you the limited right to display the Materials and, where indicated on the Site, to copy and download the Materials. You may also share the Materials with others, but you may not misrepresent yourself as the source or cause confusion as to the source of the Materials or the products and services represented in the Materials or available through the Site. You may not share the Materials in a manner that will impair or harm the goodwill associated with our business and brands. In order to prevent such confusion or harm, you may not “frame” or “mirror” any Materials or portion of our Site without prior written permission from EAI. These Terms give you no rights in the data, products, services, processes, or technology contained in or available through our Site. All such rights are retained by EAI and any third party owners or licensees of such rights. If you share the Materials on the Site with others, you must retain all proprietary notices attached to or associated with the Materials and make no modifications of any sort. If you breach any of these provisions, this permission terminates automatically without notice, and you must immediately destroy any Materials in your possession or control. Other than as allowed in this section, you may not distribute, publish, transmit, modify, create derivative works from, or in any way commercially exploit any of the Materials for any purpose.
User Content and Communications. As permitted, users of the Site may post content to the Site as part of using any interactive services offered, such as, without limitation, discussion groups, forums, blog comments and requests for help or information (“User Content”). By submitting User Content to the Site, you warrant that the User Content does not violate any applicable laws (including intellectual property or defamation laws) and you hereby provide EAI with an unlimited, perpetual, royalty-free license to copy, modify, distribute, publicly perform, publicly display, and incorporate into EAI Materials, products and services the User Content and all ideas and concepts contained therein. EAI reserves the right to access, monitor, amend, disable access to, or permanently delete any User Content at its sole discretion, and without notice to you.
In addition, with respect to any areas on this Site where users transmit or post communications, whether to EAI, to each other or to third parties, including but not limited to chat rooms, bulletin boards or user forums, EAI may, but is not obligated to, monitor or review the activity in such areas and/or the content of such communications. EAI will have no liability related to the content of any such communications, whether or not arising under the laws of copyright, libel, privacy, obscenity or otherwise. EAI may alter or delete such user communications as it may determine in its sole discretion.
Links. Our Site may contain links and pointers to internet sites maintained by third parties. We do not operate or control these web sites or any of the information, products, or services provided at such third party web sites. Third party links are included solely for your convenience, and do not constitute an endorsement by us or affiliation with us. You assume sole responsibility for use of third party links, and the disclaimer and limitation of liability provisions set forth in these Terms are applicable to your use at such third party sites linked to our Site. We do not monitor or approve the privacy or security practices of such sites; you access and use them at your own risk. EAI reserves the right to terminate any link or linking program at any time.
Termination. We reserve the right to terminate your access to our Site, or any portion of it, at any time, without notice. Any breach of these Terms may result in termination of your right to use our Site. Upon termination you are no longer authorized to access or use our Site, but our proprietary rights, the disclaimers, and the limitations of liability set forth in these Terms will survive such termination.
Warranty Disclaimer. OUR WEB SITE AND ALL MATERIALS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE MATERIALS, SERVICES, PRODUCTS, TEXTS, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SITE, OR THE RESULTS OBTAINED FROM ACCESSING OR USING OUR WEB SITE. WE DO NOT WARRANT THAT THE MATERIALS OR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EAI MAKES NO COMMITMENT TO UPDATE THE MATERIALS AND WE MAY CHANGE THE MATERIALS AT ANY TIME. YOU ASSUME ALL RISKS OF USE OF OUR WEB SITE.
Provision of EAI Products or Services. When EAI offers products or services via the Site, including without limitation software downloads, the provision of those products and services will be subject to the applicable license and use terms which will be presented separately through the Site or as otherwise provided in connection with orders or inquiries for those products and services.
Limitation of Liability. IN NO EVENT WILL EAI, ITS LICENSORS, OR THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFWARE OR OTHER PRODUCTS, OR OF FAILURE TO PROVIDE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE (EXCLUDING INTENTIONAL OR RECKLESS CONDUCT) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, AND WHERE APPLICABLE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
YOUR ACCESS AND USE OF THIS SITE IS FREE OF CHARGE AND EAI’S LIABILITY TO YOU IN CONNECTION WITH YOUR ACCESS AND USE OF THIS SITE AND ALL MATERIALS SHALL NOT EXCEED $100.00.
Indemnity. You agree to indemnify and hold harmless EAI, its officers, directors, agents and employees from and against all claims, damages, and expenses, including attorney’s fees, arising out of any information, message, content, or materials uploaded, posted, distributed or transmitted to or through our Site by you (including any User Content), or otherwise arising out of your use of our Site.
Governing Law. The rights and liabilities of the parties arising out of or relating to these Terms will be governed by the laws of the State of Oregon, any litigation will be conducted exclusively in state or federal courts in Multnomah or Washington County, Oregon, and you consent to the exclusive personal jurisdiction of such courts.
General Provisions. These Terms are the entire agreement between us and you with respect to the Site. EAI may modify these Terms as indicated herein; modifications initiated by you must be in writing and signed by EAI. If any portion of these Terms is found to be unenforceable, the remaining provisions will be enforced to the full extent permitted by law. Any waiver of a breach of these Terms must be in writing.
Contact. If you have questions regarding these terms and conditions or content of our Site you may contact EAI at (503) 644-3057.
Copyright © 2012 EAI Information Systems. All rights reserved. Version Updated as of 01-16-2012