ACCEPTANCE OF TERMS
CHILDREN UNDER 16
THIRD PARTY LINKS
OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
RELIANCE ON INFORMATION POSTED
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content created and provided by the Erreco, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Erreco. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO THE WEBSITE
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send emails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, framing, deep linking, or in-line linking.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You retain ownership of any User Content (as defined below) that you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you are granting us, our affiliates, and our respective officers, directors, employees, consultants, agents, and representatives a perpetual, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, analyze, create derivative works (such as those resulting from translations, adaptations or other changes made so that the User Content works better with the Website), communicate, publish, publicly perform, publicly display and distribute such User Content. This license continues even if you stop using the Website. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting the User Content on the Website, you warrant and represent that your own the rights to the User Content or are otherwise authorized to post, use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the User Content.
COMPLIANCE WITH LAWS
When accessing or using the Website, you agree to comply will all applicable international, country specific, federal, state, and local laws, rules and regulations (“Applicable Laws”), including, without limitation, any Applicable Laws with to respect the patent, copyright, trademark, and intellectual property rights of others. You agree not to upload, download, display, perform, transmit, or otherwise distribute any User Content in violation of any Applicable Laws, including, without limitation, any third-party’s copyrights, trademarks, or other intellectual property or proprietary rights. You shall be solely responsible for any violations of any Applicable Laws including any infringements of any third-party rights caused by any access or use of the Website, or any User Content provided or transmitted by you or your account. The burden of proving that any User Content does not violate any Applicable Laws or third-party rights rests solely with you.
In your communications with us, please keep in mind that we do not accept or consider any creative ideas or suggestions relating to products or marketing plans unless we have specifically requested them. Therefore, please do not send to us any creative or original materials, such as ideas for software products, websites, games, or other products, or any other creative suggestions, ideas, notes, drawings, concepts, or other information. By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to us, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) we may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of us without any obligation of us to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances.
NOTICE OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on with the Website. We have adopted a policy the provides immediate suspension and/or termination of any user who is found to have infringed on the rights of Erreco or a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located in the Website;
- your address, telephone number, and email address;
- 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; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our agent for notice of claims of copyright or other intellectual property infringement can be reach as follows:
P.O. Box 4583
Davis, CA 95617
The WEBSITE IS provided on an “as is, as available” basis. EXCEPT AS EXPRESSLY PROVIDED HEREIN, we MAKE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TILE or non-infringement, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OR THAT THE WEBSITE WILL BE COMPLETE, timely, RELIABLE, CURRENT, and free from harmful code, OPERATE WITHOUT INTERRUPTION OR BE ERROR-FREE.
our LIABILITY TO YOU IS LIMITED. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH us IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL we, our AFFILIATES, OR our respective officers, directors, employees consultants, agents, and representatives BE LABILE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) however caused, whether in contract, tort or under any other theory of liability, and whether or not 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, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ERRECO’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ERRECO NOR ANY PERSON ASSOCIATED WITH ERRECO MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ERRECO NOR ANYONE ASSOCIATED WITH ERRECO REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ERRECO HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
GOVERNING LAW; FORUM
In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys’ fees.
CORRECTION OF ERRORS AND INACCURACIES
Nothing contained on the Website should be understood as granting you a license to any of the trademarks, service marks, or logos owned by us or by any third party.
LIMITATION ON TIME TO FILE CLAIMS
No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.
NO THIRD-PARTY RIGHTS
Created August 15, 2018