|
|
The following Terms of Service (“TOS”) govern
your use of the etindy.com website.
1. Acceptance of Terms of Service
By completing the registration process and clicking on the "register" button, you
agree to be bound by these TOS in your access to and use of etindy.com.
2. Privacy/Registration Information
ETI Performance Improvement respects the privacy of visitors that access etindy.com.
Please take a moment to review the Privacy Policy governing the Services made available
through etindy.com.
Click here to review
the ETI Performance Improvement Privacy Policy.
Services made available through etindy.com are intended for adult use only. Anyone
under the age of 17 is not permitted to register with etindy.com or to use etindy.com
Services. ETI Performance Improvement reserves the right to deny access to the etindy.com
Web sites, or any service provided through such sites or areas, to anyone who violates
these TOS or who, in ETI Performance Improvement’s reasonable judgment, interferes with the ability
of others to utilize the Services, or infringes on the rights of others. While not
limiting the foregoing, you acknowledge and agree that your account used to access
any Services may be terminated by ETI Performance Improvement if we learn, at any time, that you
have provided ETI Performance Improvement false or misleading information during the process of registering
(or re-registering) with any etindy.com Site.
3. Modifications to these Terms of Service
ETI Performance Improvement may modify these Terms of Service from time to time in
their sole discretion. You will be provided reasonable notice of any material changes
to these TOS; your continued use of the Services, any ETI Performance Improvement Site constitutes
your acceptance of any changes to these Terms of Service.
4. Modifications to the Site Services, or etindy.com
ETI Performance Improvement may, in their sole discretion, add, delete, modify or
amend features and/or services contained within the Site Services, or any ETI Performance Improvement
Site.
5. Content Produced by Registered Members (Your License to Us and Our License to
You)
You alone are responsible for any materials you post or make available on or through
etindy.com, including but not limited to message board posts, homepages, personal
profiles and member profiles. Additionally, you alone are responsible for the consequences
of any content you post or otherwise make available on or through etindy.com. By
submitting or otherwise making available materials on or through the etindy.com,
you are representing that you are the owner of such materials, or are submitting
the materials with the express consent of the owner.
You acknowledge and agree that ETI Performance Improvement reserves the right (but
assumes no obligation) to delete, move, or edit any postings that come to their
attention that they consider unacceptable or inappropriate, whether for legal or
other reasons.
You agree not to use the Site Services or any part of etindy.com to post, distribute,
or otherwise make available any content or materials (including but not limited
to text, graphics, video, software programs or audio) that are unlawful, harassing,
libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or
otherwise objectionable, or that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any applicable local,
state, national or international law, regulation or judicial ruling. You also agree
not to post content or materials that contain advertising or any form of commercial
solicitation. Additionally, you agree not to impersonate any other person or entity,
including impersonating an employee or consultant of ETI Performance Improvement .
6. Your Account and Password
You are responsible for maintaining the confidentiality of your member name and
password. You are responsible for all uses of your account, whether or not authorized
by you. You agree to immediately notify ETI Performance Improvement of any unauthorized
use of your account. You agree to pay all charges that accrue to your account through
your use or the use of those authorized by you. You may cancel your account by emailing
us from the email address you used at registration. Make sure to include your Member
name and full name (as it appears in your account).
7. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The materials and services provided through etindy.com are for informational purposes
only. You may only use the materials and services for your personal and non-commercial
use. Before you act on any information you’ve found on any ETI Performance Improvement
Site, you should confirm any facts that are important to your decision. IF YOU RELY
ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH etindy.com, YOU DO SO AT YOUR OWN
RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE, LOSS OR HARM
YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA
DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH ETINDY.COM. THE SITE SERVICE AND ETINDY.COM,
AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE ON OR THROUGH ANY OF THE FOREGOING,
ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ETI Performance Improvement OF
INDIANAPOLIS, THE PARTNERS, EACH PARTIES THIRD PARTY PROVIDERS CANNOT AND DO NOT
WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE
THROUGH THE SITES SERVICES OR ETINDY.COM, NOR DO WE GUARANTEE THAT THE MATERIALS,
INFORMATION OR SERVICES PROVIDED THROUGH THE SITE SERVICES OR ETINDY.COM WILL BE
ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ETI Performance Improvement MAKES NO WARRANTY THAT THE SITE SERVICES OR ETINDY.COM
WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE SERVICES OR ETINDY.COM WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE; NOR DOES ETI Performance Improvement MAKE ANY WARRANTY
AS TO THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE SITE SERVICES, ETINDY.COM
OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE
SERVICES OR ETINDY.COM.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SITE SERVICES OR ETINDY.COM IS 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 DOWNLOADING OF SUCH MATERIAL AND/OR DATA.
ETI Performance Improvement MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED
OR OBTAINED THROUGH ETINDY.COM OR ANY TRANSACTIONS ENTERED INTO THROUGH ANY ETINDY.COM
SITES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH
ANY ETINDY.COM SITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS
OF SERVICE.
UNDER NO CIRCUMSTANCES SHALL ETI Performance Improvement BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY DAMAGES ARISING OUT OF THE USE OF THE SITE SERVICES OR ETINDY.COM SITE(S)
INCLUDING, WITHOUT LIMITATION, LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES
OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY
OF ETINDY.COM IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
YOU AGREE THAT THE LIABILITY, IF ANY, OF ETINDY.COM, AGENTS AND LICENSORS ARISING
OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SITE SERVICES OR ETINDY.COM
SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE USE OF THE SITE SERVICE.
8. Member Content Storage
ETI Performance Improvement assumes no responsibility for the deletion, the inability,
or failure to store your content.
9. Indemnification
You agree to indemnify and hold ETI Performance Improvement of
Indianapolis, their respective parents,
subsidiaries, affiliates and agents, and each of their respective officers, directors,
employees and Third Party Providers harmless from and against any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of your use of the Site Services or any ETI Performance Improvement Site(s), your violation of
these
Terms of Service, or the infringement by you, or any other user of your account,
of any intellectual property or other right of any person or entity.
10. Termination of Membership
ETI Performance Improvement reserves the right to refuse membership to anyone. ETI Performance Improvement
may terminate your membership and any and all information, communications,
or postings at any time, without notice, for conduct that violates these Terms of
Service or other policies or guidelines set out by ETI Performance Improvement and
elsewhere, or for online
conduct that ETI Performance Improvement believes is harmful to other members, the
business of ETI Performance Improvement or other third-party information providers.
11. Legal Venue
This agreement shall be governed by the laws of the State of Indiana in The United
States of America, excluding that body of law known as conflicts of law and the
United Nations Convention on Contracts for the Sale of Goods.
12. Severability & Headings
If any provision herein is held to be invalid or unenforceable for any reason, the
remaining provisions will continue in full force without being impaired or invalidated
in any way. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section.
13. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter hereof, and supersedes in their entirety any and all written
or oral agreements previously existing between the parties with respect to such
subject matter.
|
|