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TERMS OF SERVICE USE -- Electronic Download Delivery Confirmation™These Terms of Use disclose the general terms for use of this website and service. We have developed these Terms of Service to govern your use of eddcs.com. This site is developed and managed by Get It All.Net!, and we, along with our affiliates, partners and advertisers, provide content, products and services to you, which are subject to the following conditions. Please read them carefully. These Terms of Service are a binding contract between you and us regarding your use of this site and its services. If you use this site and service, you agree to be bound by these Terms of Service.A. YOUR USE OF THE SITE AND SERVICE 1. Membership and Registration. Certain areas of the site may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of the site. Registration is required to use our Electronic Download Delivery Confirmation™ service. When you register or become a member of the site and subscribe to the service or provide information to us in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that we may use the information you provide to us according to the Privacy Policy on the site. Any free trial offers of EDDCS are for new customers only. If you become a member of the site and subscribe to the service, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any associated rights therein. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the site using your name, or account number in whole or in part. In addition, you agree to pay all associated service fees with maintaining your account and receiving continued service of the Electronic Download Delivery Confirmation™ service. 2. Other Specifics. When using the site or service, you are prohibited from delivering material that: (a) contains fraudulent, deceptive, or misleading statements; (b) violates a copyright or trademark, or any other intellectual property right of another; (c) violates the privacy rights of any third party; or (d) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such violation. This list is not exhaustive. Therefore, we reserve the right to cancel any delivery confirmation transactions on the site and/or terminate your access to the site at any time for any reason. 3. Communications with Third Parties Through the site. Your dealings or communications through the site with any party other than us are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party. B. INTELLECTUAL PROPERTY 1. Copyright. All of the information, content, services and software displayed on, transmitted through, or used in connection with this site, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by us, or our affiliated companies, licensors and suppliers. We actively protect our rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service. You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without our written consent. Requests to use of the Content for any purpose other than as permitted in this section should be directed to Customer Service. 2. Digital Millennium Copyright Act (DMCA). Communications with the EDDCS Service are monitored for compliance use with the EDDCS API software. Use of unauthorized software is detectible and may result in legal action according to the Digital Millennium Copyright Act (DMCA) and the Berne Convention. Violations will result in immediate cancellation of your EDDCS account. Attempts to decode, decompile, or tamper with the contents of the EDDCS API file is in violation of the DMCA and in accordance with section 1204, punishable with up to a $500,000 fine and five (5) years in prison for a first time offence and a $1,000,000 fine and up to ten (10) years in prison for multiple offenses. 3. Trademarks. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by us and our affiliates, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in writing in advance by us. 4. Links to, and frames of, the site If you operate a Web site and wish to link to this site, you may link only to the home page of the site and not to any other page or sub domain of us. You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the site or suggest any relationship between our site and you without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the site, not to insert any code or product or manipulate the content of the site in any way that affects the user's experience, and not to use any data mining, robots, cancel bots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the site. C. YOUR REPRESENTATIONS AND WARRANTIES You represent, warrant and covenant (a) that no materials of any kind submitted by you and/or through your membership account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that, if you are providing information to the site, you are at least eighteen (18) years old. You hereby agree to indemnify, defend and hold harmless Get It All.Net!, its affiliate companies, officers, directors, employees, shareholders, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY While we use reasonable efforts to include accurate and up-to-date information on the site, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe the rights of third parties. In addition, in some cases, Content available on the site may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this site and are not responsible for the content of any off-site pages or links to or from any other sites. While we encourage such third parties to abide by these Terms of Service, we have no responsibility for actions of third parties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE, NOR OUR AFFILIATED OR RELATED COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "PARTIES"), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES. WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE. IN NO EVENT SHALL THE PARTIES BE LIABLE FOR: (I) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. The site is controlled, operated and administered by Get It All.Net! from its offices within the United States. We make no representation that materials or Content available through the site are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use the site or export the Content in violation of U.S. export laws and regulations. If you access the site from a location outside the United States, you are responsible for compliance with all local laws. E. MISCELLANEOUS 1. We reserve the right to change these Terms of Service at any time in our discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time these Terms of Service were posted will be governed according to the Terms of Service that applied at the time of your use, if any. 2. We may modify, suspend, discontinue or restrict your use of any portion of the site, including the availability of any portion of the Content at any time, without notice or liability, terminate any registration and/or membership and/or deny access to any person or user at any time for any reason. 3. You may be required to update the EDDCS API software installed on your system when requested by the EDDCS Service. Failure to update your EDDCS API software within 30 days of receiving notice will result in your EDDCS account being terminated. 4. These Terms of Service will be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the site must be filed in a federal or state court located in Corvallis, Oregon within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim. 5. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the Agreement shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision. |