Eprints4u.com - Providing Online Plan Room Software

Eprints4u.com Membership Agreement
LEGAL NOTICES
Terms And Conditions Of Use Thank you for visiting our site. In
this Terms and Conditions of Use, “we” or “us” or “Eprints4u.com”
refers to Global Internet Software Systems, Inc. and its affiliates. We
and our affiliates make available a variety of products and services
through the Eprints4u Online Plan Room™ (collectively, the “Products
and Services”) and information, documents and images (collectively,
“Materials”) subject to the following terms and conditions. PLEASE READ
THE ENTIRE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE YOU USE THE
SITE. THEY CONTAIN IMPORTANT LEGAL OBLIGATIONS. The Eprints4u Online
Plan Room™ (the site) is provided by Eprints4u.com . By using the site,
uploading materials to the site or downloading materials from the site,
you agree to abide by the terms and conditions set forth in this
notice. If you do not agree to abide by these terms and conditions do
not use the site, upload materials to the site or download materials
from the site. ACCEPTANCE By using the Eprints4u Online Plan Room™ and
the Products and Services appearing on the site, you agree, without
limitation or qualification, to be bound by, and to comply with, these
Terms and Conditions of Use and any other posted guidelines or rules
applicable to the site. All such guidelines and rules are hereby
incorporated by reference into these Terms and Conditions of Use.
PRIVACY POLICY Account information and certain other information about
you is subject to our Privacy Policy. For more information, please see
our full Privacy Policy. [the words, “Privacy Policy” should provide a
click-through to the applicable policy page on the site.] CONDITIONS
AND RESTRICTIONS ON USE You acknowledge and agree that Eprints4u.com
may terminate your access to the site should you fail to comply with
the Terms and Conditions of Use or any other guidelines and rules
published by Eprints4u.com. Any such termination shall be in
Eprints4u.com’s sole discretion and may occur without prior notice, or
any notice. Eprints4u.com further reserves the right to terminate any
user’s access to the site or to any of the Products and Services for
any conduct that Eprints4u.com, in its sole discretion, believes is or
may be, directly or indirectly, harmful to other users, to
Eprints4u.com or its subsidiaries, affiliates, or business contractors,
or to other third parties, or for any conduct that does or may violate
any local, state, federal, or foreign laws or regulations.
Eprints4u.com further reserves the right to terminate any user’s access
to the site or to any of the Products and Services for any reason or
for no reason at all, in Eprints4u.com’s sole discretion, without prior
notice, or any notice. Eprints4u.com does not discriminate on the basis
of age, gender, race, ethnicity, nationality, religion, sexual
orientation, or any other protected status. PROPRIETARY RIGHTS TO
CONTENT You acknowledge and agree that this site contains information,
data, software, photographs, graphics, text, images, logos, icons,
typefaces, audio and video material, and/or other material
(collectively “Content”) protected by copyrights, trademarks, or other
proprietary rights, and that these rights are valid and protected in
all forms, media, and technologies existing now or hereinafter
developed. The Content is our property or that of our suppliers or
licensors. The compilation (meaning the collection, arrangement, and
assembly) of all content on this site is our exclusive property and is
protected by U.S. and international copyright laws. You may not modify,
remove, delete, augment, add to, publish, transmit, participate in the
transfer, license or sell, create derivative works from, or in any way
exploit any of the Content, in whole or in part. If no specific
restrictions are displayed, you may make one copy of select portions of
the Content, provided that the copy is made only for your personal
information and non-commercial use and that you do not alter or modify
the Content in any way, and maintain any notices contained in the
Content, such as all copyright notices, trademark legends, or other
proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S.
copyright laws, you may not upload, post, reproduce, perform, or
distribute in any way any Content without obtaining permission of the
owner of the copyright, trademark or other proprietary right.
TRADEMARKS The Eprints4u.com logo, Eprints4u logo, Plan Room logo and
all related marks are service marks or trademarks of Global Internet
Software Systems, Inc.. They may not be used or displayed without our
prior written consent. All other trademarks, Product or Service names,
and company names and logos appearing on the site are the property of
their respective owners, and may be used only with the permission of
the particular owner. DISCLAIMERS YOU EXPRESSLY UNDERSTAND AND AGREE
THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE PRODUCTS AND
SERVICES AND MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY
DISCLAIM: (1) ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. YOU EXPRESSLY UNDERSTAND AND AGREE THAT
WE DO NOT WARRANT OR REPRESENT, AND THAT WE DISCLAIM ANY AND ALL
RESPONSIBILITY OR LIABILITY FOR: (1) THE SECURITY, RELIABILITY,
ACCESSIBILITY, TIMELINESS OR PERFORMANCE OF THE SITE, USER WEB PAGES OR
ANY STORAGE FACILITIES OFFERED BY US ON THE SITE, ON LINKED SITES, THE
PRODUCTS AND SERVICES, OR OTHERWISE; (2) THE ACCURACY, CONTENT,
COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF
INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES; (3) THE DELETION,
FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION
OR MATERIAL; (4) ANY HARM RESULTING FROM UPLOADING, DOWNLOADING OR
ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND
SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL UPLOADED, DOWNLOADED OR OTHERWISE TRANSMITTED OR
OBTAINED THROUGH THE USE OF THE SITE OR THE PRODUCTS AND SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY LOSS OR DAMAGE INCURRED, INCLUDING, WITHOUT
LIMITATION, DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
IN THE DOWNLOAD OF SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR
AFFILIATED COMPANIES OR ANY OF OUR OR THEIR RESPECTIVE LICENSORS OR
SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US OR THROUGH OR FROM THE SITE OR THE PRODUCTS AND SERVICES
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND
CONDITIONS OF USE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF
IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS
MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
LIMITATION OF LIABILITY IN NO EVENT SHALL WE OR ANY OF OUR AFFILIATES
OR SUBSIDIARIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, RESULTING FROM THE USE OR THE
INABILITY TO USE THE SITE, OR THE CONTENT, MATERIALS, OR FUNCTIONS OF
THE SITE OR ANY LINKED WEBSITE, OR FOR THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY PRODUCTS OR
SERVICES PURCHASED OR OBTAINED; OR MESSAGES RECEIVED OR TRANSACTIONS
ENTERED INTO THROUGH THE SITE, OR RESULTING FROM UNAUTHORIZED ACCESS TO
OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF
INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING
SYSTEM, OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT
PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE
SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED
WEB SITES. WAIVER OF JURY TRIAL THE PARTIES HEREBY IRREVOCABLY WAIVE
ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT
OF OR RELATING TO THESE TERMS AND CONDITIONSOF USE, USER’S USE OF THE
SITE, OR THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. REGISTRATION
AND USER’S ACCOUNT OBLIGATIONS Use of the Eprints4u Online Plan Room™
will require the user to register and provide certain data. In
consideration of use of the site, in registering and providing such
data, you represent and warrant that: (a) the information about
yourself is true, accurate, current, and complete (apart from optional
items) as required or prompted by various Eprints4u Plan Room™
registration forms (“Registration Data”), and (b) you will maintain and
promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or we have reasonable grounds to
suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Products and Services
and/or the site. All Eprints4u Online Plan Room™ registrations become
the exclusive property of Eprints4u.com, its affiliates and
subsidiaries. RESPONSIBILITY FOR MINORS In cases where you have
authorized a minor to use the Products and Services, you recognize that
you are fully responsible for: (i) the online conduct of such minor;
(ii) controlling the minor’s access to and use of the Products and
Services; and (iii) the consequences of any misuse by the minor.
STORAGE Many features of the Eprints4u Online Plan Room™ store
information (“User Content”) on behalf of users. Examples include,
without limitation, drawings, images, documents, project data,
contacts, calendar functions, transmitals and notifications. We reserve
the right, in our sole discretion, to remove any content that we deem
obscene, vulgar, sexually-oriented, hateful, threatening, or that might
otherwise violate any laws. We reserve the right, in our sole
discretion, to limit the amount of storage space available per user or
to delete materials stored for an excessive period while the user’s
account has been inactive. We use commercially reasonable standards and
practices to backup User Content. The foregoing notwithstanding, we
make no warranties or representations regarding its backup practices,
and do not warrant that we will be able to restore lost data. We
recommend that users perform regular backups and take other appropriate
measures to copy and protect their own data that may be lost in the
event of a catastrophe. USER CONTENT By submitting User Content to the
Site, you grant Eprints4u.com the following licenses: For User Content
including, without limitation, documents, files, images or other
material stored on the Site, you hereby grant Eprints4u.com an
unrestricted, worldwide, royalty-free, nonexclusive license to
reproduce and modify such User Content. This license will remain in
effect until such User Content is removed from the Site. For User
Content such as comments to the Eprints4u.com user forums, bug reports,
piracy reports, or product suggestions, you grant Eprints4u.com an
unrestricted, worldwide, royalty-free, nonexclusive, irrevocable
license to use, reproduce, display, perform, modify, transmit, and
distribute such User Content, and you also agree that Eprints4u.com is
free to use any ideas, concepts, know-how, or techniques that you
submit to the Site for any purpose. ADVERTISERS AND CONTENT LINKED TO
THE Eprints4u ONLINE PLANROOM™ We may provide, or third parties may
provide, links to other sites or resources located on the World Wide
Web by allowing a user to leave the Eprints4u Online Plan Room™ to
access thirdparty material or by bringing the third party material into
this site via “inverse” hyperlinks and framing technology. We have no
control over such sites and resources. You acknowledge and agree that
we are not responsible for the availability of such external sites or
resources, and do not endorse and are not responsible or liable for any
content, advertising, products, or other materials on or available from
such sites or resources. You further acknowledge and agree that we
shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with
use of or reliance on any such content, goods or services available on
or through any such site or resource. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on
or through the Eprints4u Online Plan Room™ Products and Services,
including payment and delivery of related goods or services, and any
other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that we shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result
of the presence of such advertisers on the Product and Services.
INDEMNITY AND RELEASE By using the Eprints4u Online Plan Room™ you
agree to indemnify Eprints4u.com, its subsidiaries, affiliates,
officers, employees, agents, co-branders or other partners, and
licensors, and hold us and them harmless from any and all claims and
expenses, including attorney’s fees, arising from your use of, or
connection to the Eprints4u Online Plan Room™ site, your use of the
Products and Services, your submission of ideas and/or related
materials to Eprints4u.com, from any person’s use of any account or
password you maintain with any portion of the Eprints4u Online Plan
Room™, regardless of whether such use is authorized by you, your
violation of the terms of service, or your violation of any rights of
another. By using the Eprints4u Online Plan Room™, using the Products
and Services, or submitting any ideas and/or related materials to
Eprints4u.com, you are hereby agreeing to release Eprints4u.com, its
subsidiaries, affiliates, officers, employees, agents, and licensors
from any and all claims, demands, debts, obligations, damages (actual
or consequential), costs, and expenses of any kind or nature
whatsoever, whether known or unknown, suspected or unsuspected,
disclosed or undisclosed, that you may have against them arising out of
or in any way related to such disputes and/or to the Products and
Services or to any disputes regarding use of ideas and/or related
materials submitted to Eprints4u.com. EXPORT CONTROL The U.S. export
control laws regulate the export and re-export of technology
originating in the United States. This includes the electronic
transmission of information and software to foreign countries and to
certain foreign nationals. You agree to abide by these laws and their
regulations, including but not limited to the Export Administration Act
and the Arms Export Control Act and not to transfer, by electronic
transmission or otherwise, any Content derived from the Eprints4u
Online Plan Room™ site to either a foreign national or a foreign
destination in violation of such laws. LINKS TO THIRD PARTY SITES This
Site may contain links to other Internet sites on the World Wide Web.
We provide such links for your convenience only, and are not
responsible for the content of any site linked to or from this site.
Links from this site to any other site do not mean that we approve of,
endorse or recommend that site, other than the sites of affiliates. We
disclaim all warranties, express or implied, as to the accuracy,
legality, reliability or validity of any content on any other site. You
hereby waive any claim you might have against us with respect to such
other sites. APPLICABLE LAW These Terms and Conditions of Use will be
governed by and construed in accordance with the laws of the State of
Delaware, without regard to any principles of conflicts of law. You
agree that any action at law or in equity that arises out of or relates
to these Terms and Conditions of Use will be filed only in the state or
federal courts located in Delaware, and you hereby consent and submit
to the personal jurisdiction of such courts for the purposes of
litigating any such action. INTERNATIONAL USE We make no representation
that materials on this site are appropriate or available for use in
locations outside the United States, and accessing them from
territories where their contents are illegal is prohibited. Those who
choose to access this site from other locations do so on their own
initiative and are responsible for compliance with local laws. GENERAL
INFORMATION These Terms and Conditions of Use constitute the entire
agreement and understanding between you and us, superseding any prior
agreements and understandings, and govern your use of the site. You
also may be subject to additional terms and conditions that may apply
when you use affiliate services, third-party content or third-party
software. Our failure to exercise or enforce any right or provision of
the Terms and Conditions of Use shall not constitute a waiver of such
right or provision. If any provision of the Terms and Conditions of Use
is found by a court of competent jurisdiction to be invalid, the
parties nevertheless agree that the court should endeavor to give
effect to the parties' intentions as reflected in the provision, and
the other provisions of the Terms and Conditions of Use remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to
use of the site or the Terms and Conditions of Use must be filed within
one (1) year after such claim or cause of action arose or be forever
barred. The section titles in the Terms and Conditions of Use are for
convenience only and have no legal or contractual effect. No agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by these Terms and Conditions of
Use. Any rights not expressly granted herein are reserved by and for
us. COPYRIGHT COMPLAINTS We respect the intellectual property of
others, and we ask our users to do the same. If you believe that your
work has been copied and is accessible on the site in a way that
constitutes copyright infringement, you may notify us by providing our
copyright agent the following information: (1) an electronic or
physical signature of the person authorized to act on behalf of the
owner of the copyright interest; (2) a description of the copyrighted
work that you claim has been infringed; (3) identification of the URL
or other specific location on the site where the material that you
claim is infringing is located; (4) your address, telephone number, and
email address; (5) 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; (6) a statement 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. Our agent for notice of claims of copyright
infringement on the Site can be reached at: Phil Magenheim Ideal.com
11810 Parklawn Drive Rockville, MD 20852 301-468-0123 MODIFICATIONS
Notice of all changes to these Terms and Conditions of Use will be
delivered via email, and the changed Terms and Conditions of Use will
be posted on the site. You will have the time set forth in such notice
to inform us if you do not agree with the changes. If you do not agree
with the changes in the Terms and Conditions of Use, your sole remedy
is to discontinue the use of the site. BY USING THIS SITE AFTER WE POST
ANY CHANGES TO THESE TERMS AND CONDITIONS OF USE, YOU THEREBY AGREE TO
ACCEPT THOSE CHANGES. NOTICES All notices provided for under these
Terms and Conditions of Use are to be provided by email. As set forth
above, it is your sole responsibility to ensure the accuracy and
reliability of the email address that you provide, and all of our
notice delivery obligations shall be deemed completed upon the
transmission of the email notice from our computer systems, whether or
not such notices are in fact received by you. Any email sent to us
shall be deemed received by us at the time such notice is actually
received on our computer system. Any inquiries concerning these terms
and conditions of use should be directed to sales@Eprints4u.com.
COPYRIGHT, TRADEMARK, AND PATENT NOTICES All contents of this site are
Copyright © 2007 Copyright © 2007 Eprints4u.com, and/or its
suppliers. All rights reserved. Copyright and other intellectual
property laws and treaties protect any content provided herein.
Eprints4u Online Plan Room and any other Eprints4u.com products and
services referred to herein may also be either trademarks or registered
trademarks of Eprints4u.com in the United States and/or other
countries. The names of actual companies and products mentioned in the
site may be the trademarks of their respective owners. The Eprints4u
Online Plan Room™, its structure and operation, is protected by U.S.
patent 7,016,901. TERMINATION; SURVIVAL These Terms and Conditions of
Use shall continue in effect for as long as you use the Products and
Services, unless specifically terminated earlier by Eprints4u.com. All
provisions of these Terms and Conditions of Use which impose
obligations continuing
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