Terms of Service
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE ECAIRN
CONVERSATION™ SERVICES. THESE TERMS OF SERVICE ARE entered into between
eCairn and You. THESE TERMS OF SERVICE include a description of Your legal
rights as well as eCairn's legal rights, disclaimers of liability, use
restrictions and obligations and other important matters of interest
to users of the ECAIRN FINDNCONNECT™ SERVICES. THESE TERMS OF SERVICE
will become effective as soon as You make USE OF the ECAIRN FINDNCONNECT™
SERVICE. Your use of the ECAIRN FINDNCONNECT™ Service indicates your
agreement to use the ECAIRN FINDNCONNECT™ SERVICE solely as provided
in this Agreement AND TO be bound by the terms and conditions stated
in these Terms OF SERVICE (including any supplemental terms provided
to YOU in writing, whether on paper or electronically, provided that
YOU continue to use THE ECAIRN FINDNCONNECT™ SERVICE after ACCEPTING
any such supplemental terms AS PROVIDED IN THIS AGREEMENT). IF YOU DO
NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE ECAIRN FINDNCONNECT™
In this agreement, the words “you” and “your” mean the individual using the ECAIRN FINDNCONNECT™ Services. The words “we,” “us,” and “our” mean eCairn, Inc. References to the “Service” or “Services” mean the ECAIRN FINDNCONNECT™ Service(s). References to the “Terms of Service” or “Terms” mean this agreement.
Description of Service
The Service provides users with access to a service for finding, saving pointers to, exporting people profiles from ECAIRN FINDNCONNECT™ affluent database . You may connect to the Service using any Internet browser. You are responsible for obtaining access to the Internet and for obtaining the equipment necessary to use the Services.
Modification of Terms of Service
Modification of Terms of Servic reserve the right to modify these Terms of Service upon notice to you at any time. These modifications may include the introduction of a service fee. We will notify you of any such modification by electronic mail. If you are not in agreement with the Terms of Service as amended or modified, you may terminate your use of the Service and the modifications or amendment will not apply to you. We will provide you with reasonable advance notice of any modifications or amendments that result in the implementation of, or an increase in, Service fees and you will have an opportunity to cancel your membership before any such fee is imposed. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to indicate your agreement to use the Service solely in accordance with the amended or modified Terms of Service.
Subscription to Beta Service
eCairn may offer certain services as closed or open beta services (the “Beta Service”) for the purpose of user testing and evaluation. eCairn shall have the sole authority and discretion to determine the period of time for testing and evaluating the Beta Service. eCairn shall be the sole judge of the success of such testing and the decision, if any, to make a Beta Service generally available as a commercial service. You will be under no obligation to acquire a subscription to use any commercial service as a result of your subscription to the corresponding Beta Service. eCairn reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, any Beta Service (or any part thereof) with or without notice. You agree that eCairn shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the use of the Beta Service or the modification, suspension or discontinuance of the Beta Service.
Member Registration Obligations
You will receive or choose an account number, username and password to
gain access to and use the Service. You are responsible for maintaining
the confidentiality of this information, and, except as provided below,
are fully responsible for all activities that occur under your username or
Account. You agree (i) not to allow a third party to use your Account,
username or password at any time and (ii) to notify eCairn immediately
(at firstname.lastname@example.org) of any actual or suspected unauthorized
use of your Account, username or password, or any other breach or suspected
breach of security. eCairn is not liable for any loss or damage arising
from unauthorized use of your Account, username or password, except to
the extent such unauthorized use is due to eCairn's gross negligence
or willful misconduct.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted during the registration process; and (b) maintain and promptly update your registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if eCairn has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, eCairn has the right to terminate your membership including your access to, and use of, the Services.
Personal Information and Privacy
Communications from eCairn
We may send you service announcements, administrative messages and newsletters relevant to the Service from time to time. You understand and agree that these communications constitute an important component of the Services.
Restriction of use
You agree not to (i) transfer or otherwise make the Service available to any third party; or (ii) provide to any third party, any service based on the Service. You also agree that you will not copy, distribute, reproduce, use or allow access to the Service except as may be explicitly permitted under these Terms. You are prohibited from modifying, adapting, translating, preparing derivative works from, decompiling, reverse engineering, disassembling or otherwise attempting to derive source code from the Service, except and only to the extent that such activity is expressly permitted by applicable law. You are also prohibited from sub-licensing, distributing, selling, lending, renting, leasing, transferring, or granting any rights in, or to, all or any portion of the Services.
Spamming and illegal activities
You agree not to use the Service for illegal purposes or for the transmission of material that (i) is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, (ii) contains viruses, or (iii) infringes a third party’s intellectual property rights.
You are solely responsible for your use of the eCairn website and the Services. Because eCairn merely serves as a repository of information, you understand and agree that user-posted content does not represent the advice, views, opinions or beliefs of eCairn. Our web site may include links to third-party websites. You understand and agree that eCairn makes no representation or warranty regarding such third party websites and is not responsible or liable for the content of any such website or for the business practices or privacy policies of the entities that run and/or own such sites. A link from the eCairn site to a third party website is not intended to, and does not imply any endorsement by eCairn or any affiliation with eCairn.
User Generated Content
You may create, share and transmit the Content that you create. However, you shall be solely responsible for such Content and the consequences of its transmission or publication. You affirm that you have the consent, authorization, permission and any and all rights necessary to make copyrighted and copyrightable content available in connection with the Services. You expressly agree that eCairn, upon its sole election and discretion, has the right to remove any Content that may (i) infringe a third-party’s intellectual property rights, or (ii) violate any applicable law or regulation.
Intellectual Property Rights
The Service is owned by eCairn and is protected by United States and international copyright laws and treaty provisions. Your right to use and access the Service is a licensed right, not a sale and does not transfer to you any title or ownership interest in or to the Service or any patent, copyright, trade secret, trade name, trademark, or other intellectual property right therein. eCairn, the eCairn logo, the names of any and all services offered by eCairn and the respective logos are trademarks that correspond to such services are owned by eCairn. You agree not to display or use eCairn trademarks, logos or other intellectual property, in any manner, without eCairn’s prior written permission. All rights not expressly granted hereunder are reserved to eCairn. You agree not remove, alter or obscure any proprietary notices contained within the Services or made available through the Services, including copyright and other similar notices.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS. ECAIRN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ECAIRN MAKES NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, EFFICIENT, SECURE, ERROR-FREE OR VIRUS FREE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH THE ENJOYMENT OF THE SERVICE. THERE IS NO WARRANTY THAT THE SERVICE OR eCAIRN'S EFFORTS IN CONNECTION THEREWITH WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. ANY AND ALL USE OF MATERIAL DOWNLOADED OR OBTAINED THROUGH, OR IN CONNECTION WITH, YOUR USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT YOU MAY INCUR AS A RESULT OF, OR IN CONNECTION WITH, SUCH MATERIAL INCLUDING, WITHOUT LIMITATION, DAMAGE TO ANY COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ECAIRN, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ECAIRN BE LIABLE FOR ANYCONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING FROM THE USE THE SERVICE, HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER THEORY OF LIABILITY, EVEN IF ECAIRN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ECAIRN RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE AND ECAIRN SHALL ONLY BE LIABLE FOR DIRECT DAMAGES ARISING OUT OF OR RELATEDTO THIS AGREEMENT IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR THE SERVICE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. The exclusion or limitation of liability for consequential or incidental damages may not apply to you if your state does not permit such exclusion or limitation of liability.
You agree to indemnify and hold harmless eCairn, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including without limitation court costs and reasonable attorney's fees and fees of other professionals) arising out of or relating to (i) any and all claims, actions, or proceedings brought by third parties, and/or (ii) any and all claims, actions, or proceedings that arise out of these Terms or Your use of the Services.
These Terms of Service, including all matters relating to the validity, construction, performance and enforcement thereof, shall be governed by the laws of the State of California without reference to conflict of law principles. Any part of these Terms that are legally determined to be unenforceable will be considered deleted and the remainder of the Terms will remain in force. Any controversy or claim arising out of or relating to these Terms of Service shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The costs of arbitration, including the fees and expenses of the arbitrator, will be shared equally by the parties. Each party will bear the cost of preparing and presenting its case. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The parties agree that the arbitrator has no power or authority to make awards or issue orders of any kind except as expressly permitted by these Terms of Services, and in no event does the arbitrator have the authority to make any award providing for special, punitive or exemplary damages. In addition, the arbitrator has no authority to make awards for lost profits or damages for lost economic opportunities. The arbitrator's decision must follow the plain meaning of the relevant documents, and will be final and binding. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into and enforced in any court of competent jurisdiction. Notwithstanding anything to the contrary, eCairn may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
These Terms of Service are expressly made subject to any laws, regulations, orders or other restrictions on the export from the United States of America of the Services or related information, or which may be imposed from time to time by the government of the United States of America or such other governmental entity as may have jurisdiction over such export or transmission. Without limiting the above, notwithstanding anything contained in this agreement to the contrary, You agree not to export or re-export, directly or indirectly, the Services or related information to any country to which such export or re-export is restricted or prohibited, or as to which such government or any agency thereof requires an export license or other governmental approval at the time of export or re-export without first obtaining such license or approval.
You may not assign, sub-license or otherwise transfer the rights or license granted hereunder, by agreement or by operation of law, without the prior written consent of eCairn, and all assignments in violation of this prohibition shall be null and void.
If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Service shall remain in full force and effect.
These Terms of Service constitute the final, complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersede any prior or contemporaneous agreement. These Terms of Service may only be modified in writing signed, or otherwise electronically indicated, by both parties.
Tools and services used
Data geocoded using OpenCage Data. Some data © OpenStreetMap contributors.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at email@example.com