|
|
 |
 |
|
By using this World Wide Web site ("Site"), you signify your assent
to these terms of use and agree to comply with all applicable laws
and regulations, including U.S. export and re-export control laws
and regulations. If you do not agree to these terms of use, please
do not use this Site. By using this Site, you expressly agree that
your rights and obligations, as well as those of EchoMail, Inc. , shall
be governed by and interpreted in accordance with the laws of the
Commonwealth of Massachusetts, excluding its choice of law rules.
This Agreement expressly excludes and disclaims the terms of the U.N.
Convention on Contracts for the International Sale of Goods, which
Convention shall not apply to any transaction conducted through or
otherwise involving this Site.
This Site is owned and operated by EchoMail, Inc., and contains certain
graphical and other creative content owned by EchoMail, Inc. Except as expressly
licensed by EchoMail, Inc. in a signed writing, no material from EchoMail, Inc.
or any World Wide Web site owned, operated, licensed or controlled by EchoMail, Inc.
may be copied, reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download one copy of
the materials in any single computer for your individual, non-commercial
use only, provided you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the materials for
any other purpose is a violation of EchoMail, Inc.'s copyright and
other proprietary rights. For purposes of these terms and conditions
of use, the use of any such material on any other Web site or networked
computer environment is prohibited. All trademarks, service marks,
and trade names (collectively, the "Marks") are proprietary to EchoMail, Inc.,
or other respective owners which have granted EchoMail, Inc. the right and
license to use such Marks. Information
regarding reproduction rights in connection with the materials or
Marks contained in this Site can be obtained by contacting
Info@EchoMail.com.
While EchoMail, Inc. uses reasonable efforts to include accurate and
up-to-date information on the Site, EchoMail, Inc. makes no warranties
or representations as to its accuracy. EchoMail, Inc. assumes no liability
or responsibility for any errors or representations in the content
of this Site.
The Site may contain links to other sites on the Internet which are
owned and operated by EchoMail, Inc.'s suppliers, customers and other
third parties (the "External Sites"). You acknowledge that EchoMail, Inc.
is not responsible for the availability of, or the content located
on or through, any External Site. You should contact the site administrator
or Webmaster for those External Sites if you have any concerns regarding
such links or the content located on such External Sites.
The materials on this site are provided with "Restricted Rights."
Use, duplication, or disclosure by any governmental, quasi-governmental
or regulatory department or authority (collectively the "Government")
is subject to restrictions as set forth in applicable laws and regulations.
Use of the materials by the Government constitutes acknowledgment
of EchoMail, Inc.'s proprietary rights in them.
THE MATERIALS ON THIS SITE ARE PROVIDED "AS-IS" WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE
PURSUANT TO APPLICABLE LAW, ECHOMAIL, INC. DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR OTHER VIOLATION OF RIGHTS.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL ECHOMAIL, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO,
LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO
USE, THE MATERIALS ON THIS SITE, EVEN IF ECHOMAIL, INC. OR A ECHOMAIL,
INC. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN
THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA,
YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Except for actions for preliminary injunctive relief and actions to
enforce the decisions of the arbitrators, all disputes arising out
of or related to your use of the Site, as well as the scope, application,
interpretation and construction of the terms and conditions of use
of the Site, shall be resolved by arbitration in accordance with the
commercial arbitration rules of the World Intellectual Property Organization
then in force. The arbitration hearings and all meetings pursuant
to this section shall be held in Cambridge, Massachusetts, and shall
be conducted in English. If you and EchoMail, Inc. cannot agree upon
a single arbitrator within 15 days after you or EchoMail, Inc. demands
arbitration, you and EchoMail, Inc. shall select one arbitrator knowledgeable
of the computer service industry and the World Wide Web and notify
the other of its selection, and such two arbitrators shall select
a third. The arbitrator(s) shall conduct a hearing within 30 days
after their selection. A majority of the arbitrators shall determine
the decision/award, which shall be rendered within 5 days after the
completion of the hearing. The decision of the arbitrator(s) shall
be final and binding upon the parties both as to law and to fact,
and shall not be appealable to any court in any jurisdiction. The
expenses of the arbitrators shall be shared equally by you and EchoMail, Inc.
|
|
SITE MAP
E-Mail this page to a friend
Subscribe