You may only use this site to make legitimate requests for ECware services or products offered.
- NO ENDORSEMENT OR SPONSORSHIP
The use of the name, trademark or service mark of another person or entity on this site and the availability of specific products and services through this site should not be construed by the user as an endorsement or sponsorship of this site by such a person or entity, or the providers of such products or services.
You agree to indemnify and hold ECware and its subsidiaries, affiliates, offices, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of information you provided, your use of ECware services, your connection to ECware services, your violation of the Terms of Service (“TOS”), or your violation of any rights of another.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of ECware products or services without prior written agreement with ECware.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF ECWARE SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- ECWARE MAKES NO WARRANTY THAT (i) ITS SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECWARE OR THROUGH OR FROM ITS SERVICE PROVIDERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECWARE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
- LINKS TO OTHER WEBSITES AND SERVICES
To the extent that this site contains links to outside services and resources, any concerns regarding such services or resources should be directed to the particular outside service or resource provider. ECware does not guarantee or warrant the accuracy or completeness of the information or content included on the websites of its service providers.
Notices to you may be made via either email or regular mail. We may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally.
ECware respects the intellectual property rights of others we ask our users to do the same. Please see our copyright notice on our home page.
You acknowledge that ECware, the ECware logo, all page headers, custom graphics, and button icons are service marks, trademarks, and/or trade dress of ECware and that all other trademarks, product names, company names or logos on the website are the property of their respective owners.
All software used in connections with this Web Site (“Software”) is the property of ECware or its suppliers and is protected by U.S. patent and copyright laws and international treaties. Any use of the Software other than as required to navigate and to utilize the functionality offered through this Web Site is prohibited. You agree not to copy, distribute, publicly display, modify, decompile, disassemble, reverse engineer or otherwise attempt to discover the source code of the Software. Further, you agree not to access the Services by any means other than the interface provided by RCware for your use in accessing the Services and Content.
- NO FRAMING OR DEEP LINKING
You agree not to “frame” or “mirror” any Services or Content on this Web Site or any server or Internet-based device without your receipt of the prior written authorization of ECware or the applicable third party. You agree that any link you create to the Web Site will only be to the main page, ECware.com.
- GENERAL PROVISIONS
The Terms of Service constitutes the entire agreement between ECware and you in connection with your use of this website and supersedes any prior agreements between ECware and you including prior versions of this Terms of Service. ECware may update this Terms of Service from time to time by posting revised Terms of Service on this Web Site, without notice to you, and your subsequent use of the Web Site is governed by those new Terms of Service. The Terms of Service is effective until terminated by ECware, at any time without notice. In the event of termination, the disclaimers and limitations of liabilities set forth in the Terms of Service will survive.All information and content available on the Web Site are solely directed to individuals 18 years of age or older residing in the United States. ECware makes no representation that the Services are available for use outside of the United States. Any use of the Services and Content is prohibited where they are not allowed by law. The Terms of Service will be deemed to include all other notices, policies, disclaimers and other terms contained in this Web Site; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, these Terms of Service will control. The Terms of Service are governed by the laws of the State of California and controlling States Federal Law without regard to the conflicts of law provisions. You agree that any action to enforce the Terms of Service will be brought in the federal or state courts located in Carlsbad, California. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, it will not affect the validity and enforceability of the remaining provisions. The section headings are for convenience only and do not have any force or effect.