AGREEMENT BETWEEN USER AND EBS
The EBS Web Central Web Site is comprised of various Web pages operated by EBS for
the convenience and benefit of EBS’ clients and customers.
The EBS Web Central Web Site is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein, which may hereafter
be modified from time to time by EBS, without notice, as EBS deems appropriate in
its sole discretion. Your use of the EBS Web Central Web Site constitutes your acknowledgement
of, and agreement to, all such terms, conditions, and notices in effect and posted
on the EBS Web Central Web Site during your use of the EBS Web Central Web Site.
EBS reserves the right to change the terms, conditions, and notices under which
the EBS Web Central Web Site is offered, without notice, including but not limited
to the charges associated with the use of the EBS Web Central Web Site. EBS further
reserves the right to terminate the EBS Web Central Web Site and the services provided
thereunder without notice at any time and for any reason.
LINKS TO THIRD PARTY SITES
The EBS Web Central Web Site may contain links to other web sites ("Linked Sites").
The Linked Sites are not under the control of EBS and EBS is not responsible for
the contents of any Linked Site, including without limitation any link contained
in a Linked Site, or any changes or updates to a Linked Site. EBS is not responsible
for webcasting or any other form of transmission received from any Linked Site.
EBS is providing these links to you only as a convenience, your use of such links
shall be exclusively at your own risk, and the inclusion of any link does not imply
endorsement by EBS of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the EBS Web Central Web Site, you warrant to EBS that
you will not use the EBS Web Central Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the EBS Web
Central Web Site in any manner which could damage, disable, overburden, or impair
the EBS Web Central Web Site or interfere with any other party's use and enjoyment
of the EBS Web Central Web Site. You may not obtain or attempt to obtain any materials
or information, through any means, not intentionally made available or provided
to you through the EBS Web Central Web Site.
USE OF COMMUNICATION SERVICES
The EBS Web Central Web Site may contain message or communication facilities designed
to enable you to communicate with EBS and affiliated persons or entities, to pay
bills online, or to otherwise manage your account with EBS (collectively, "Services")
and you agree to use the Services only to post, send and receive messages or other
materials, pay bills, or otherwise manage your account in a manner that is permitted
under the terms herein set forth and in accordance with any applicable laws. By
way of example, and not as a limitation, you agree that when using the Services,
you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such
as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any false, misleading, inaccurate,
dishonest, inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property
laws (or by rights of privacy or publicity) unless you own or control the rights
thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software
or programs that may damage the operation of another's computer, interfere with
another’s use of the EBS Web Central Web Site or the Services, or access any material
or information in any unauthorized or unlawful manner.
Advertise or offer to sell or buy any goods or services for any business purpose,
unless EBS specifically authorizes such messages or advertisements in writing.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file, message, material, document, record or other data posted by another
user of a Service that you know, or reasonably should know, cannot be legally distributed
in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other material contained
in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Services.
Violate any code of conduct or other guidelines which may be applicable for the
EBS Web Central Web Site or the Services.
Harvest or otherwise collect information about others, including e-mail addresses,
without their consent.
Violate any applicable laws or regulations.
EBS has no obligation to monitor the Services and EBS reserves the right to remove
any materials in its sole discretion. EBS further reserves the right, in EBS’ sole
discretion, to terminate your access to any or all of the Communication Services
at any time without notice for any reason whatsoever.
EBS reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process or governmental request, or
to edit, refuse to post or to remove any information or materials, in whole or in
part, in EBS's sole discretion.
Always use caution when giving out any personally identifying information about
yourself, your family, or your children when using the EBS Web Central Web Site,
the Services, or any other online services. Although EBS makes reasonable efforts
to prevent any unauthorized conduct by third parties with respect to the EBS Web
Central Web Site and the Services, including without limitation reasonable efforts
to prevent the upload of viruses or other harmful files and unauthorized access
to or misappropriation of personal information posted to the EBS Web Central Web
Site, EBS hereby specifically disclaims any and all liability for any and all unauthorized
conduct of third parties, including without limitation conduct involving the unauthorized
upload of viruses or other harmful files or the unauthorized access to and use by
any person or entity of any personal information posted to the EBS Web Central Web
Materials uploaded to the EBS Web Central Web Site may be subject to posted limitations
on usage, reproduction and/or dissemination. You are responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO EBS OR POSTED AT ANY EBS WEB CENTRAL WEB SITE
EBS does not claim ownership of the materials you provide to EBS (including feedback
and suggestions) or post, upload, input or submit to any EBS Web Central Web Site
or its associated services (collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission, you are granting EBS, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their businesses including, without limitation, the rights
to use, process, copy, distribute, transmit, publicly display, publicly perform,
reproduce, edit, translate and reformat your Submission; and to publish your name
in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. EBS is under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in EBS' sole discretion.
By posting, uploading, inputting, providing or submitting your Submission, you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions and that you consent
to EBS’ use of such Submission in any manner or for any purpose authorized herein.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE EBS WEB CENTRAL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EBS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE EBS WEB CENTRAL WEB SITE AT ANY TIME AND WITHOUT
NOTICE. ADVICE RECEIVED VIA THE EBS WEB CENTRAL WEB SITE SHOULD NOT BE RELIED UPON
FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
EBS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS CONTAINED ON THE EBS WEB CENTRAL WEB SITE FOR ANY PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR
CONDITION OF ANY KIND. EBS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBS AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE EBS WEB CENTRAL WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE EBS WEB CENTRAL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR OTHERWISE ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE
OF THE EBS WEB CENTRAL WEB SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE EBS WEB CENTRAL WEB SITE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBS OR ANY
OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE EBS WEB CENTRAL WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EBS WEB CENTRAL
WEB SITE. BY ACCESSING AND USING THE EBS WEB CENTRAL WEB SITE, YOU ACKNOWLEDGE AND
CONSENT TO THE TERMS AND CONDITIONS HEREIN CONTAINED, INCLUDING WITHOUT LIMITATION
THE DISCLAIMERS OF LIABILITY AND LIMITATIONS ON LIABILITY.
SERVICE CONTACT: firstname.lastname@example.org
EBS reserves the right, in its sole discretion, to terminate your access to the
EBS Web Central Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Indiana, U.S.A. and you hereby consent to
the exclusive jurisdiction and venue of courts in Elkhart County, Indiana, U.S.A.
in all disputes arising out of or relating to the use of the EBS Web Central Web
Site. Use of the EBS Web Central Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and EBS as a result of this
agreement or your use of the EBS Web Central Web Site. EBS' performance of this
agreement is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of EBS' right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the EBS Web
Central Web Site or information provided to or gathered by EBS with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded and the remainder of the agreement shall continue in effect
as if such unenforceable provision had never been made a part of this agreement.
Unless otherwise specified herein, this agreement constitutes the entire agreement
between the user and EBS with respect to the EBS Web Central Web Site and it supersedes
all prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and EBS with respect to the EBS Web Central Web Site.
A printed version of this agreement and of any notice given in electronic form shall
be admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is
the express wish to the parties that this agreement and all related documents be
drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
EBS reserves all rights EBS may have with respect to any and all contents of the
EBS Web Central Web Site, including without limitation any rights to which EBS may
be entitled under the copyright or trademark laws of the United States of America.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright