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User Agreement Policy
 
1. Agreement: Welcome to ETeck. web site (ETeck.com and Barginfo.com, LLC. collectively referred to herein as "ETeck"). This ETeck website provides online information, search capabilities and search results (collectively, the "Web Site"), subject to the terms of this Agreement (collectively, the "Agreement"). By using the Web Site, you, the "User", agree to be bound by the terms and conditions of this Agreement. Further, User agrees to use the Web Site in a way that is consistent with any applicable laws.

2. Free Web Site: As of April 25, 2001, the use of the Web Site is free of charge. Should ETeck introduce any fees or charges in the future, notice will be posted on the Web Site along with instructions for subscribing to pay services.

3. Personal Use Allowed; Copyright and Intellectual Property Restrictions: ETeck gives the User permission to access and use the Web Site for the User's personal use only. All information displayed, transmitted or carried on the Web Site including, but not limited to, menus, articles, opinions, views, hyperlinks, text, photographs, images, illustrations, music, audio clips, video clips, trademarks, service marks and the like, including the underlying technology (collectively, the "Content") is protected by copyright and other intellectual property laws. ETeck, its partners, affiliates, licensors, contractors, and/or advertisers own the Content. User may use, copy, distribute and transmit the Content only to the extent that such is done automatically and incidentally through the User's browser software as part of the User's personal use of the Web Site. User agrees that he/she WILL NOT modify, publish, transmit, transfer, sell, participate in the transfer or sale, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content without the express prior permission of ETeck or the proper owner. Further, User agrees to abide by all copyright notices and restrictions attached to any Content accessed through the Web Site, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content. User further understands and acknowledges that he or she does not acquire any ownership rights by downloading copyrighted material.

4. User's Conduct: User agrees: (I) to conduct herself/himself in a reasonable manner which does not create a hostile environment for other Users; (II) to use the Web Site for lawful purposes only; and (III) not to restrict, prevent or inhibit any other User from the use and enjoyment of the Web Site.

5. User's Submissions to ETeck: By submitting material or communications to the Web Site or any area thereof (such as data, questions or answers, comments or suggestions), the User understands that such material is non-confidential, and agrees that ETeck will not be responsible if such material or communications are intercepted and used by an unintended recipient.

6. Third Party Content: This Web Site distributes content and information supplied by partners and/or third parties. Any and all statements, offers, advice, opinions, or other information or content expressed or made available by said partners or third parties are those of the respective author(s) and not of ETeck.

7. Limitation of Liability and Warranty: USER AGREES THAT THE USE OF THE WEB SITE IS COMPLETELY AT HIS OR HER OWN RISK. ALL OF ETeck'S SERVICES, CONTENT, AND WEB PAGES ARE PROVIDED "AS IS", WITH NO GUARANTEE OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCULDING, BUT NOT LIMITED TO, ANY WARRANTY OR GUARANTEE: (I) FOR UNINTERUPPTED ACCESS TO OR SERVICES FROM THE WEB SITE; (II) FOR THE AVAILABILITY, RELIABILITY, COMPLETENESS OR ACCURACY OF ITS MATERIAL, INFORMATION, SEARCH CAPABILITIES, SEARCH RESULTS, PRODUCTS, SERVICES AND CONTENT IN OR THROUGH THE WEB SITE; (III) AS TO RESULTS OBTAINED FROM USE OF THE WEB SITE; or (IV) OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY UNDERSTANDS AND ACKNOWLEDGES THAT ETeck IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER. FURTHER, USER UNDERSTANDS AND AGREES THAT NEITHER ETeck, ITS EMPLOYEES, OFFICERS, DIRECTORS, NOR ITS AFFILIATES, PARTNERS, AGENTS, LICENSORS, CONTENT PROVIDERS OR ADVERTISERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, EXPENSES, INJURIES OR LOSSES OF ANY TYPE ARISING OUT OF THE USE OF THE WEB SITE OR THE ABILITY TO USE THE WEB SITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEB SITE. IN ADDITION TO THE TERMS SET FORTH ABOVE, USER UNDERSTANDS THAT ETeck IS IN NO WAY RESPONSIBLE FOR THE ACTIONS OF OTHER USERS OR THIRD PARTIES AND SHALL NOT BE LIABLE FOR ANY CONTENT TRANSMITTED, UPLOADED, POSTED, OR CREATED BY OTHER USERS OR THIRD PARTIES.

8. Links to Other Web Pages: The Web Site contains links to other third party web pages. These links are given as a convenience to the User, and such links are not an endorsement by ETeck or any affiliation with or endorsement by the owner of the linked site. User understands that ETeck has no control at all over these third party web pages, and as such (and in conjunction with the Disclaimers listed above in paragraph 7), ETeck is not responsible nor liable for the availability, price, terms, product(s), services, privacy practices or content of such other third party web pages.

9. Indemnification: User agrees to defend, indemnify and hold harmless ETeck, its partners, affiliates, and their respective owners, directors, officers, employees and agents from and against any and all disputes, claims, damages and expenses, including attorneys' fees, arising from any of User's submissions or other use(s) of the Web Site.

10. Termination: This Agreement may be terminated without notice by either party for any reason or no reason at all. Upon termination, User shall destroy all materials obtained from the Web Site and all related documentation and all copies thereof. Without limiting the foregoing, ETeck shall have the right to determine, at its sole discretion, what conduct falls under the terms of this Agreement, and may terminate this Agreement when a User's conduct is deemed to be unacceptable or in violation of these terms. User agrees that ETeck will not be liable to the User or any third party for any termination of this Agreement. Further, User agrees that the provisions of the paragraphs 3, 4, 5, 7, 10 and 11 shall survive the termination of this Agreement.

11. Changes/Amendment: ETeck shall have the right at any time to amend, change, modify or delete any or all terms and conditions of this Agreement, or to impose new conditions or terms. Any such amendments, changes, modifications, deletions or additions shall be effective immediately upon notice via posting on the Web Site. Any use by a User after such notice shall constitute an acceptance by the User of such changes, modifications, additions or deletions. ETeck shall also have the right to change, modify, suspend, discontinue or restrict the use of any portion or the entirety of the Web Site at any time, for any reason or for no reason at all, and without notice or liability.

12. Copyright Agent: Pursuant to the Digital Millennium Copyright Act, ETeck has an agent to receive notifications of alleged copyright infringement on the Web Site. The contact information for the agent is as follows:

Legal Affairs
ETeck.com, LLC.
P.O. Box 8437
Boxborough, MA 01719

Telephone: (978) 479-6188, Fax: (978) 479-6188
E-mail: legal@ETeck.com

In notifying ETeck of alleged infringement, you must provide the following information: a description of the copyrighted work that is the subject of claimed infringement; a description of the infringing material and information sufficient to permit ETeck to locate the alleged material; contact information for you, including your address, telephone number and/or email address; a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and a physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.

13. Governing Law: This Agreement is made under and shall be governed by and interpreted in accordance with the laws of the State of Oklahoma, without regard to that state's choice of law principles which may direct the application of the laws of another jurisdiction. Any controversy or claim arising out of or relating to this Agreement or the Services will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim must be arbitrated on an individual basis, and must not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration must be conducted in Duncan, Stephens County, Oklahoma, and judgment on the arbitration award may be entered into any court having jurisdiction thereof.

14. Severability/Waiver: User agrees that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. ETeck's failure to exercise or enforce any right or provision of the Agreement will not be deemed a waiver of such right or provision.

15. Entire Agreement: You agree that this Agreement, any rules and policies published by ETeck are the complete and exclusive agreement between the User and ETeck regarding the Web Site. This Agreement, ETeck's rules and policies supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

PLEASE REVIEW OUR PRIVACY POLICY.

 

 
 

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