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User Agreement Policy
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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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Copyright © 1999-2010 ETeck.com
All rights reserved. Please read our User
Agreement and Privacy Policy
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