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Legal Notices and Terms of Use
This web site is owned and operated by ePlanIt,
Inc. This page contains proprietary rights notices and terms of use of
this site. By using this site, you accept these terms of use. If you do
not agree to these terms of use, please do not use the site. You may be
referred to as the Licensee. The terms 'You' or 'Licensee' includes you
and any of your owners, employees, partners, independent contractors,
subsidiaries, affiliates, attorneys, agents, heirs, and assigns. ePlanIt
may be referred to as Licensor. The terms 'Us,' 'We,' 'Website,' or
'Licensor' includes our owners, employees, subsidiaries, independent
contractors, agents, attorneys, and assigns.
Copyright Notice
© 2007 ePlanIt, Inc. 7548 Preston Rd #141-15
Frisco, TX 75034. All rights reserved.
Disclaimers
THE WEB SITE AND THE INFORMATION OR MATERIALS
HEREIN ARE PROVIDED ON AN "AS IS, WHERE IS" BASIS. NEITHER EPLANIT NOR
THE COMMISSIONING AGENT MAKES ANY REPRESENTATIONS OR WARRANTIES, EITHER
EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE WEB SITE OR ITS
CONTENTS. EPLANIT AND THE COMMISSIONING AGENT DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. BY USING OR ATTEMPTING TO USE THE WEB
SITE, THE USER EXPRESSLY ACKNOWLEDGES THAT EPLANIT AND THE COMMISSIONING
AGENT MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT OF THE
WEB SITE: (i) THERE ARE NO WARRANTIES OR REPRESENTATIONS MADE REGARDING
THE CONTENT OF THE WEB SITE IN TERMS OF HOW CURRENT IT IS, ITS ACCURACY,
OR ITS COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE WEB SITE,
LINKS ARE PROVIDED TO OTHER WEB SITES OVER WHICH EPLANIT AND THE
COMMISSIONING AGENT HAVE NO CONTROL. EPLANIT AND THE COMMISSIONING AGENT
PROVIDE NO ENDORSEMENT OR REPRESENTATION OF ANY KIND REGARDING THE
PRODUCTS, SERVICES, CONTENT OR APPROPRIATENESS OF CONTENT OF SUCH WEB
SITES, AND THE USER HEREBY IRREVOCABLY WAIVES ANY CLAIM AGAINST EPLANIT
AND THE COMMISSIONING AGENT WITH RESPECT TO SUCH WEB SITES. EXCEPT AS
SPECIFICALLY STATED ON THE WEB SITE, NONE OF EPLANIT, OR THE
COMMISSIONING AGENT OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS,
EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF THE WEB SITE, OR ANY HYPERLINKED
WEB SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES
TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY,
DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR
PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. PRICE
AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.
Use of Content on the Site
You may view, download, and print contents from the
Site subject to the following conditions: (i) the content may be used
solely for information purposes; and (ii) the content may not be
modified or altered in any way. You may not republish, distribute,
prepare derivative works, or otherwise use the content other than as
explicitly permitted herein.
You may not frame or utilize framing techniques to
enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of ePlanIt without the express
written consent of ePlanIt. You may not use any meta tags or any other
"hidden text" utilizing ePlanIt's name or trademarks without the express
written consent of ePlanIt. You may not use any ePlanIt logo or other
proprietary graphic or trademark as part of the link without express
written permission.
You do not acquire any ownership rights to any
content in the Site. Any unauthorized use terminates the permission or
license granted by ePlanIt.
Indemnification
You agree to defend, indemnify, and hold ePlanIt,
its officers, directors, employees, agents, licensers, and suppliers
harmless from and against any claims, actions or demands, liabilities,
and settlements, including without limitation reasonable legal and
accounting fees resulting from or alleged to result from your violation
of these terms and conditions.
No Assignment
You cannot assign this Agreement, or any aspect of
your rights and responsibilities.
Consent to Use Information
When you communicate with ePlanIt, send ePlanIt
information, or provide content to ePlanIt or out website, you grant
ePlanIt a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sublicensable right to exercise all copyright and
publicity rights you have in the content, in any manner whatsoever, in
any media now known or which may be created in the future, including in
other works and forms not associated with this website.
No Waiver of Rights
Our failure to enforce any rights granted in this
Agreement or to take action against any other party in the event of any
breach shall not be deemed a waiver by ePlanIt as to subsequent
enforcement of rights or subsequent actions in the event of future
breaches.
General
ePlanIt is based in Frisco, Texas, in the United
States of America. ePlanIt makes no claims that the Content is
appropriate or may be downloaded outside of the United States. Access to
the Content may not be legal by certain persons or in certain countries.
If you access the ePlanIt site from outside the United States, you do so
at your own risk and you are solely responsible for compliance with the
laws of your jurisdiction. All of the provisions of this agreement
survive the expiration or termination of the Terms and Conditions for
any reason whatsoever.
Jurisdiction
You expressly agree that exclusive jurisdiction for
any dispute with ePlanIt or in any way relating to your use of the
ePlanIt site, resides in the Courts of the State of Texas, and you
further agree and expressly consent to the exercise of personal
jurisdiction in the Courts of the State of Texas in connection with any
dispute including any claim involving ePlanIt or its affiliates,
subsidiaries, employees, contractors, officers, directors,
telecommunication providers, and content providers.
These Terms and Conditions are governed by the laws
of the State of Texas, without respect to its conflicts of law
principles. If any provisions of these Terms and Conditions is found to
be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions
of these Terms and Conditions, which shall remain in full force and
effect. No waiver of any of these Terms and Conditions shall be deemed a
further or continuing waiver of such term or condition or any other term
or condition.
Miscellaneous
(i) This Agreement contains the complete and entire
understanding and agreement between you and ePlanIt and supersedes any
previous communications, representations, or agreements, verbal or
written, related to the subject matter of this Agreement.
(ii) This Agreement may not be modified or amended
orally, impliedly, or in any manner not set forth in writing or
permitted by this Agreement.
(iii) This Agreement may be amended by ePlanIt at
any time and without notice, but only by amending this Agreement as
posted on this website, unless otherwise agreed to in a writing signed
by both parties.
(iv) Any amendments will become effective 30 days
after being posted on the website, unless circumstances require that a
change be immediately implemented. As a condition for this Agreement you
agree to periodically check this Agreement posted at this page.
(v) You agree that your continued use of our
product or service after that date will constitute your consent and
acceptance of the amendment.
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