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TERMS AND CONDITIONS OF USE
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These Terms and Conditions of Use are the contract between you as the Customer and EDAPTIVE TECHNOLOGIES LLC concerning access to and use of this website. You must read these Terms and Conditions of Use, and if you are using this web site, you are agreeing to all the Terms and Conditions of Use stated here.
EDAPTIVE TECHNOLOGIES LLC reserves the right to change these Terms and Conditions of Use, in whole or in part, at any time with or without notice, and you should review these Terms and Conditions of Use then posted each time before using this Website. Each time you access this Website, your access and use will constitute your agreement and consent to these Terms and Conditions of Use in the form then posted. EDAPTIVE TECHNOLOGIES LLC may limit or terminate your access to this Website at any time without prior notice to you.
1. License Grant.
Subject to the terms and conditions of this Agreement, EDAPTIVE TECHNOLOGIES LLC grants to the user a non-exclusive, non-transferable, revocable, access limited, and use-limited license to:
a. Use the Licensed documents/ products as provided herein until termination of this Agreement;
b. Access, load, and operate the Licensed documents/products with browser software or provided DRM application via the Internet; and
c. Store in memory, display, and print the Licensed documents / products subject to the limitations of this Agreement.
2 License Conditions.
a. Subscriber is licensing the Licensed Documents / Products for Subscriber’s internal business use only.
b. Subscriber agrees not to distribute any data, information, or output received from the Licensed Documents / Products or EDAPTIVE TECHNOLOGIES LLC to or through any other person, organization, or entity, unless specifically licensed, in writing, to do so.
c. Subscriber has purchased the access rights to the Licensed Documents / Products that are set forth in the Proposal.
i. Single-User License. The access rights are for one (1) user account that a designated user accesses via using a password protected login. The Proposal identifies the initial designated user. Subscriber may change the designated user by sending a written request to EDAPTIVE TECHNOLOGIES LLC.
ii. Multi-User License. The access rights are for multiple user accounts that a permitted number of simultaneous users access via password protected logins or guest logins from selected IP addresses. Subscriber may grant access only to the permitted number of simultaneous users indicated in the Proposal. Any unauthorized use of the password-protected logins may result in immediate termination of this Agreement without refund of any portion of the subscription.
3. PRIVACY POLICY; SECURITY.
a. Terms of Use.
EDAPTIVE TECHNOLOGIES LLC makes commercially reasonable efforts to preserve the confidentiality of personal data about you. EDAPTIVE TECHNOLOGIES LLC will not collect personal data about you unless you provide it to us or we acquire it from third party information providers, however we collect data about you when you access this Website, including data identifying your IP address, Web browser related details and usage, which enables us to operate this Website through the internet.
We may use personal data about you which is in our possession for some or all of the following purposes:
i. To operate this Website via the internet.
ii. As required by duly authorized law enforcement authorities.
iii. To limit or terminate your access to this Website if you do not adhere to these Terms and Conditions of Use.
We may keep copies of your emails and feedback to us for recordkeeping purposes.
If you do not want EDAPTIVE TECHNOLOGIES LLC to contact you with information and updates on products you may find of interest, send us an email to the email address specified in Section 7 of these Terms and Conditions of Use, with your name, address, email address and telephone number and we will remove you from our information and updates list. It may take up to 6 weeks to do so.
EDAPTIVE TECHNOLOGIES LLC may provide aggregate data which includes information about our Customers but which does not identify them personally, in order to inform our affiliates, lenders, investors or other third parties generally about our business.
b. Cookies.
Cookies are pieces of information that a website can transfer to a visitor's hard drive for record-keeping purposes. We reserve the right to use cookies in connection with your use of this Website.
c. Correcting or Removing Your Information.
If you wish to verify, change, correct or remove personal data which we have about you, send us an email to the email address specified in Section 7 of these Terms and Conditions of Use. Once we verify your identity, it may take up to 6 weeks to comply with your request.
d. Content.
We received the content i.e. Standards/ Regulations/ Directives from their developers or official locations. EDAPTIVE TECHNOLOGIES LLC is not responsible or liable for the content, or damages caused by use of content provided by this website.
e. Links to Other Websites.
We cannot ensure the protection of any personal data that you provide to any third-party website that links to or from this Website, because these third-party sites are not under our control. Any personal data that you provide to these third-party websites will be regulated by their privacy policy, if any. EDAPTIVE TECHNOLOGIES LLC is not responsible or liable for the content, ecommerce, practices, actions or policies of these third-party websites. These Terms and Conditions of Use apply only to this Website. EDAPTIVE TECHNOLOGIES LLC does not endorse, recommend or guarantee any other website or its products or services, and you access and use those links and other websites solely at your own risk.
4. SUBMISSIONS TO EDAPTIVE TECHNOLOGIES LLC.
While we do not solicit product ideas or improvements from our Customers, EDAPTIVE TECHNOLOGIES LLC would be happy to hear from you with any comments or suggestions to you might have about our products and our business. If you send or submit anything to EDAPTIVE TECHNOLOGIES LLC, whether as suggestions, comments, feedback, ideas, opinions, concepts, graphics, text, drawings, or other materials (collectively, "Submissions"), all Submissions will be and remain the property of EDAPTIVE TECHNOLOGIES LLC and shall constitute an assignment to EDAPTIVE TECHNOLOGIES LLC of all worldwide right, title, and interest in all copyrights and other intellectual property rights in and to the Submissions. EDAPTIVE TECHNOLOGIES LLC will not be limited in its use of the Submissions (whether commercial or otherwise), if any use if made, and EDAPTIVE TECHNOLOGIES LLC is under no obligation either to use or respond to the Submissions or to credit or compensate you in any way.
5. CUSTOMER'S RESPONSIBILITIES.
a. You agree to comply with these Terms and Conditions of Use as well as all applicable laws and regulations applicable to the use of this Website, the internet and commerce generally, including without limitation laws relating to ownership, protection and use of intellectual property such as trademarks and copyrights, United States export regulations, and the import and product approval regulations of other countries.
b. You are wholly responsible for use of this Website by any person using your computer terminal or other access device.
c. You agree to use this Website only for its intended and lawful purposes.
d. You agree not to disrupt, interfere with or compromise the security or operations of this Website, of EDAPTIVE TECHNOLOGIES LLC or of its Customers, nor to attempt to do so.
e. You agree not to attempt to obtain access to any portion of this Website or any computer, server, account, network, software and/or hardware associated with the Website, with EDAPTIVE TECHNOLOGIES LLC or with its Customers, from which you are restricted.
f. You warrant that all information you provide to gain access to this Website is accurate and truthful.
6. OWNERSHIP OF WEBSITE CONTENTS and INTELLECTUAL PROPERTY.
Except as noted, all contents of this Website, including without limitation trademarks, trade names, trade dress, logos, text, graphics, images, illustrations, designs, icons, button icons, photographs, product labels, product names, packaging, page headers and footers, video or audio clips, database contents, HTML/CSS/JavaScript code and structure, and other materials that are part of or depicted in this Website pertaining to the business or products of EDAPTIVE TECHNOLOGIES LLC (collectively, the "Contents"), as well as the compilation and arrangement of the Contents and features , are protected under the copyright, trademark, trade secret, trade dress and/or other intellectual property laws, as is the whole of this Website. All other trademarks, service marks, links to other websites and other business or company names or logos included in this Website are the property of their respective owners.
The Contents and their compilation and arrangement may not be copied, reproduced, distributed, republished, uploaded, displayed, mirrored, posted, transmitted, have derivative works created from them or otherwise exploited in any way whatsoever, in whole or in part, except as specifically provided in these Terms and Conditions of Use. You may download material from this Website for your own personal, non-commercial use, provided that you agree to and do abide by any copyright notice or other restrictions contained in any material included in or accessed through this Website and include any author attribution, copyright or trademark notice or restriction in any such material that you download. You may not use such downloaded material for any commercial purpose or change it in any way, and no right, title, or interest in any downloaded materials or software is transferred to you as a result of any downloading or copying. If you use material from this Website in any way other than that expressly permitted in these Terms and Conditions of Use, then any permission granted herein automatically terminates upon such misuse, and you must destroy all copies of all materials obtained from this Website.
7. DISCLAIMERS AND LIMITATIONS ON LIABILITY; SOLE REMEDY.
a. DISCLAIMERS.
THIS WEB SITE IS PROVIDE "AS IS" AND "WHEN AVAILABLE." EDAPTIVE TECHNOLOGIES LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY), CONCERNING THE OPERATION OR USE OF, OR AVAILABILITY OF ACCESS TO, THIS WEBSITE, ITS CONTENTS OR THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES THAT THE CONTENTS OF THIS WEBSITE ARE ACCURATE, COMPLETE, OR CURRENT. EDAPTIVE TECHNOLOGIES LLC EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE CONTENTS OF THIS WEBSITE, BUT MAY AMEND, CHANGE OR MODIFY THE CONTENTS WITH OR WITHOUT NOTICE AT ANY TIME AND FROM TIME TO TIME.
YOU ACCESS AND USE THIS WEB SITE SOLELY AT YOUR OWN RISK AND ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY ACQUISITION, SERVICING AND REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS WEBSITE. COLORS APPEARING ON THIS WEBSITE MAY BE DISTORTED BY YOUR COMPUTER MONITOR AND EDAPTIVE TECHNOLOGIES LLC IS NOT RESPONSIBLE FOR SUCH VARIATIONS.
This Website may contain links to other websites not under the control of EDAPTIVE TECHNOLOGIES LLC. EDAPTIVE TECHNOLOGIES LLC assumes no responsibility for those websites and provides the links solely as a courtesy and convenience for Customers. EDAPTIVE TECHNOLOGIES LLC has not verified the claims or products of any linked websites, and if you access or use those links and the associated websites, you do so at your sole risk.
Unless otherwise specified, the Contents of this Website are presented solely for the purpose of enhancing knowledge with the provided contents . EDAPTIVE TECHNOLOGIES LLC makes no representation that the Contents of this Website are appropriate or available for use outside the United States, and anyone accessing or using this Website from outside the United States does so on that party's own initiative and choice and is solely responsible for compliance with any laws of other jurisdictions which may apply to such access or use.
YOUR SOLE REMEDY AGAINST EDAPTIVE TECHNOLOGIES LLC IS A REFUND OF THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THIS WEBSITE.
b. LIMITATION OF LIABILITY.
EDAPTIVE TECHNOLOGIES LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THIS WEBSITE. NEITHER EDAPTIVE TECHNOLOGIES LLC NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, SERVING, HOSTING, MAINTAINING AND/OR UPDATING THIS WEBSITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DETERIORATION OR CORRUPTION OF FILES, DELETION OR CORRUPTION OF E-MAIL, ERRORS, LOSS OF DATA, LOSS OF PROFITS, BREACH OF SECURITY, UNAUTHORIZED OR ACCIDENTAL DISSEMINATION OF PERSONAL DATA, DEFECTS, VIRUSES, AND/OR DELAYS, ANY OF WHICH RESULT FROM YOUR USE OF OR INABILITY TO USE THIS WEBSITE, INCLUDING WITHOUT LIMITATION NETWORK FAILURE, HARDWARE OR SOFTWARE FAILURE, THEFT, UNAUTHORIZED ACCESS, EDAPTIVE TECHNOLOGIES LLC'S NEGLIGENCE OR YOUR OWN NEGLIGENCE, ERRORS AND/OR OMISSIONS, OR ANY OTHER CAUSE, EVEN IF EDAPTIVE TECHNOLOGIES LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THIS LIMITATION OF LIABILITY SECTION APPLIES TO ALL CONTENTS OF THIS WEBSITE AS WELL AS PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE. IN ANY JURISDICTION WHERE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES IS PROHIBITED OR LIMITED, EDAPTIVE TECHNOLOGIES LLC'S LIABILITY IS LIMITED ONLY TO THE PRICE PAID FOR ANY PRODUCTS YOU PURCHASED THROUGH THIS WEBSITE.
c. Indemnification.
You agree to indemnify and hold harmless EDAPTIVE TECHNOLOGIES LLC and its owners, officers, directors, shareholders, employees, agents and affiliates (collectively, "Affiliates") for any claims, damages, losses, costs, or expenses (including reasonable attorney fees and costs) that EDAPTIVE TECHNOLOGIES LLC may incur as a result of your access to or use of this Website. You also agree to indemnify EDAPTIVE TECHNOLOGIES LLC and its Affiliates from any claims, damages, losses, costs or expenses that result from your use or misuse of this Website and its Contents and your access and connection to it, as well as from your violation of these Terms and Conditions of Use or of the rights of any other party.
8. AMENDMENT of TERMS AND CONDITIONS OF USE.
By using this web site, you agree to this Terms and Conditions of Use as well as any posted changes of this Terms and Conditions of Use. EDAPTIVE TECHNOLOGIES LLC reserves the right to amend, change or otherwise modify these Terms and Conditions of Use at any time and from time to time, with or without notice to anyone. If these Terms and Conditions of Use are amended, changed or modified, then you are bound by those changes upon your next access to or use of this Website. You should review these Terms and Conditions of Use periodically for any such modifications. EDAPTIVE TECHNOLOGIES LLC reserves the right to make changes not only to these Terms and Conditions of Use but also to the Contents of this Website and the products and services offered through this Website, with or without notice, at any time and from time to time. EDAPTIVE TECHNOLOGIES LLC reserves the right to terminate access to and use of this Website in whole or in part, as to one or more parties at any time in its sole discretion.
9. HOW TO CONTACT EDAPTIVE TECHNOLOGIES LLC.
You can contact us by using the Feedback link available at the at the bottom of the web pages.
10. Governing Law.
This agreement shall be governed by the laws of the State of Arizona. The parties hereto agree that, to the extent allowed by applicable law, any claims or causes of action related to the Licensed Products or services contemplated by this Agreement must be instituted within one (1) year from the date upon which such a claim or cause arose or was accrued or the same shall be barred by limitations pursuant to this Agreement.
11. Notices.
Any written notice required under this Agreement will be sent to the addresses in the Proposal. A notice under this Agreement shall be deemed given if sent by courier, facsimile or mail, directed to the party being notified.
All Website design, text, graphics and other content and the selection and arrangement thereof, Copyright © 2015 EDAPTIVE TECHNOLOGIES LLC. All rights reserved.