User agrees to use the Web Site for lawful purposes only. User agrees that User will not post or otherwise transmit software viruses or other computer code, files or programs designed to inhibit the functionality of computer software, hardware, firmware or telecommunications equipment, or attempt to collect or store the personal data of others, or use the password of another, or otherwise use the web site to violate the rights or property of any third parties.
“EOTS Content” is any data, information, communication, articles, processes, software, photos, video, graphics, music, sounds, trademarks, service marks and any other content, intellectual property or services found on, or supplied by or through, the Web Site. By using the Web Site, User agrees that all EOTS Content is the sole property of EOTS and may not be reproduced without prior written consent of EOTS. All EOTS Content is proprietary to EOTS and/or is protected under U.S. and international copyright, patent and/or trademark laws and is intended for User’s personal use only. User may not modify, publish, retransmit, participate in the transfer or sale of, further copy, create derivative works of, distribute, perform or display any of the EOTS Content in any way, except that User may make one copy for User’s personal use and User may view the EOTS Content on User’s computer.
User agrees to indemnify, defend and hold harmless EOTS, affiliates, officers, employees and agents (collectively “EOTS and Associated Parties”) from and against any claim, liability, cost, damage or loss it may incur including, without limitation, reasonable attorneys fees and court costs as a result of (i) User’s use of EOTS Content; (ii) any violation by User of the TOS Agreement or any other agreement on this web site that User agrees to; or (iii) any violation by User of the rights of others.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Web Site are the registered and unregistered Trademarks of EOTS and others. Except as provided in the TOS Agreement or by prior written permission of EOTS, User’s use of the Trademarks displayed on this site is strictly prohibited. EOTS will aggressively enforce its intellectual property rights to the fullest extent of the law.
No Resale of Services
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes the services, EOTS Content, or other materials provided on, by, or through the Web Site.
EOTS may provide links to other Internet sites or resources. User acknowledges that EOTS does not endorse or assume responsibility for any content, software, products, services or other materials (the “Third Party Content”) on such third party web sites. EOTS is not responsible for the privacy practices of third party web sites. User’s use of such sites is at User’s own risk. It is User’s responsibility to comply with any and all terms and conditions or other restrictions prior to use of Third Party Content, or third party web sites.
Disclaimer of Warranties
All content on the Web Site is provided “as is, with all faults.” User acknowledges that EOTS and Associated Parties expressly disclaim all warranties of any kind, whether express, implied, or statutory, regarding the completeness, accuracy, non-infringement, merchantability or fitness for any particular purpose of the EOTS Content and other materials or information provided via the Web Site. User agrees that EOTS and Associated Parties will not be held liable to anyone for any loss or injury resulting from User’s direct or indirect use of the Web Site. EOTS and Associated Parties makes no warranty that the availability or service of the Web Site will be uninterrupted, timely, secure or error-free, nor does EOTS and Associated Parties warrant that the Web Site will be free of viruses, worms or other code manifesting contaminating or destructive properties, or that any of the content will meet User’s expectations. Some jurisdictions do not allow the disclaimer of such warranties, so this may not apply to User, but the disclaimer will apply to the fullest extent allowed by law.
Limitation of Liability
User acknowledges that EOTS and Associated Parties will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if EOTS and Associated Parties has been advised of the possibility of such damages), resulting from or related to the use or inability to use the Web Site. Some jurisdictions do not allow the waiver of such damages, so this may not apply to User, but the waiver will apply to the fullest extent allowed by law.
If you believe the Web Site contains any work that infringes on the copyright of another, please provide EOTS with a notice containing the following information: a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b) a description of the copyrighted work that you claim has been infringed; c) a description of where the material that you claim is infringing is located on the Web Site; d) your address, telephone number, and email address; e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f) a statement made by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Please e-mail this to email@example.com and use the Subject Line: COPYRIGHT INFRINGEMENT.
If any provision in the TOS Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. For purposes of construction the headings used herein are provided for convenience only and are not part of this document. The TOS Agreement, User’s and EOTS’ rights and obligations, and all actions contemplated by the TOS Agreement shall be governed by the laws of the United States of America and the State of Washington, except with respect to choice of law, as if the Agreement were a contract wholly entered into and wholly performed within the state of Washington. The parties submit to the exclusive jurisdiction of the state and federal courts located in Clark County, Washington, to resolve any dispute that arises from or is related to the TOS Agreement or the Web Site. The parties agree to accept service of process by mail.
BY USING EOTS’ WEB SITE, USER ACKNOWLEDGES THAT USER HAS READ THE TOS AGREEMENT AND AGREES TO BE BOUND BY ITS TERMS. USER AGREES THAT EOTS MAY AT ANY TIME, AND AT ITS SOLE DISCRETION, BLOCK USER’S ACCESS TO THE WEB SITE WITHOUT PRIOR NOTICE TO USER IF EOTS HAS ANY REASON TO BELIEVE USER HAS VIOLATED ANY OF THE ABOVE PROVISIONS.