Terms of Use

Last reviewed: January 03, 2020

Overview

These Terms of Use govern your use of the Software, as defined herein, including use of this website and all of its features and web pages (collectively, the “Site”). Please read these Terms of Use carefully.   If you or your organization have executed direct agreements with Eccentex Corporation, your direct agreement will govern your Terms of Service.

Acceptance

Eccentex Corporation and its subsidiaries and affiliates (“Eccentex”, “we”, “us”, “our”) provide the Software subject to these Terms of Use.  By accessing and using the Software, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the Software.

Limited Authorization to Access

Eccentex’s Software is made available to you subject to the following terms and conditions. We may also offer other products or services under different terms and conditions. You may use Eccentex’s Software only if you are above 13 years of age. By using Eccentex’s Software you represent that you are 13 years or older.  You may download, view, copy, or print information and documents published by Eccentex on the Site (the “Information”) only for private use or for non-commercial use within your organization, or if you are an Eccentex Partner, your or your customer’s organization, and solely for the purpose of supporting Eccentex products and services. The Information may not be altered or modified in any way. You agree that any download, copy, print, or use of the Information by you will retain all copyright and other proprietary notices in the same form and manner as in the original.  No other use of the Information is authorized without prior written authorization from Eccentex.  For the sake of clarity, “Information” does not include the design or layout of the Software or Site, in whole or in part, or trademarks and service marks displayed on the Software or Site.

Use of Software

Services made available by Eccentex through the Site and any software that could be made available to download within the Site (the “Software”) is the copyrighted work of Eccentex or its suppliers. Your use of the Software is subject to the terms of the software license agreement (the “License Agreement”) that accompanies or is included with the Software, service orders, and other terms and conditions that apply. You must read the License Agreement and confirm your agreement to its terms and conditions prior to installing or using the Software.  If accessing the Software through the Internet, you may connect to the Site using any Internet browser.  You are responsible for obtaining access to the Internet and the equipment necessary to use the Software.

Organization Accounts and Administrators

The Software often provides the ability to specify one or more administrators. The administrators will have the right to configure the Software based on your requirements and manage end users in your organization account. If your organization account is created and configured on your behalf by a third party, it is likely that such third party has assumed administrator role for your organization.  Make sure that you enter into a suitable agreement with such third party specifying such party’s roles and restrictions as an administrator of your organization account.

You are responsible for i) ensuring confidentiality of your organization account password, ii) appointing competent individuals as administrators for managing your organization account, and iii) ensuring that all activities that occur in connection with your organization account comply with this Agreement. You understand that Eccentex is not responsible for account administration and internal management of the Software for you.

You are responsible for taking necessary steps for ensuring that your organization does not lose control of the administrator accounts.  In the event of loss of control of the administrator accounts, Eccentex may provide control of an administrator account to an individual providing proof satisfactory to Eccentex demonstrating authorization to act on behalf of the organization. You agree not to hold Eccentex liable for the consequences of any action taken by Eccentex in good faith in this regard.

Online Communities

Eccentex may provide Online Communities and services related to those Online Communities such as forums, blogs, discussion groups, chat areas, newsgroups, or other messaging or communication functions. Eccentex is not obligated to provide any technical support for the Online Communities. To the extent technically allowed by the Site, you agree to use the Online Communities only to upload, post, send, and receive messages (including feedback and suggestion), files, documents, graphics, images, and other content or materials (collectively the “Content”) that are related to the scope of the Online Community.

You will use the Online Communities exclusively in a non-commercial manner. While Eccentex employees may provide information related to Eccentex products and services in the Online Communities, the employees are not an official customer support channel, and any opinions expressed by them in the Online Communities are those of the author and do not necessarily reflect the views of Eccentex. Eccentex does not endorse, support, represent or guarantee the accuracy, reliability, or truthfulness of any Content or communications in the Online Communities. You understand that by using the Software or Site, you may be exposed to Content that might be harmful, offensive, inaccurate or otherwise inappropriate, or in some cases, Content that has been mislabeled or is otherwise deceptive. Under no circumstances will Eccentex be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available by or through the Software or Site.

Subscription to beta or trial services

We may offer Software or certain services as closed or open beta services (“Beta Service” or “Beta Services”) for the purpose of testing and evaluation. You agree that we have the sole authority and discretion to determine the period of time for testing and evaluation of Beta Services. We will be the sole judge of the success of such testing and the decision, if any, to offer any of the Beta Services as a commercial service. You will be under no obligation to acquire a subscription to use any paid service as a result of your subscription to any Beta Service. We reserve the right to fully or partially discontinue, at any time and from time to time, temporarily or permanently, any of the Beta Services with or without notice to you.  You agree that Eccentex will not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of any of the Beta Services for any reason.

Prohibited User Conduct

While using the Software, including services and features offered on or through the Site, you will not in whatever manner or form, directly or indirectly:

  • Use the Software or any Online Community in connection with, or for the purpose of, surveys, contests, solicitation of funds, chain letters, junk email, spamming or any mass distribution of messages or any duplicative or unsolicited messages;
  • Upload Content that contains viruses, Trojan horses, time bombs, corrupted files or any other equivalent software or programs that may damage the operation of the Software (or any part of it) or another’s (including Eccentex’s) computer or property;
  • Defame, abuse, harass, invade, threaten or otherwise violate the legal rights of other users;
  • Restrict or inhibit another user from using and enjoying the Software or any Online Community;
  • Transmit or facilitate the transmission, distribution or dissemination of any Content which is unlawful, false or misleading, defamatory, harassing, libelous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or otherwise objectionable, offends religious sentiments, or promotes bigotry, racism, hatred or harm against any group or individual;
  • Infringe another’s rights such as, but not limited to, intellectual property rights;
  • Falsify or delete any copyright management information including material contained in a file that is uploaded;
  • Attempt to gain unauthorized access to part of the Software or Site, another’s user account, computer systems, or networks connected to a Eccentex server;
  • Attempt to damage, disable, overburden, or impair the Software or a Eccentex server or any network connected to a Eccentex server;
  • Download any file posted by another user that you know, or reasonably should know, cannot be lawfully reproduced, displayed, performed, and/or distributed in such manner;
  • Harvest or otherwise collect information about others, including email addresses or other personal information;
  • Impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • Create a false identity for the purpose of misleading others; or
  • Violate any applicable laws, regulations, or codes of conduct.

We reserve the right to terminate your access to the Software if there are reasonable grounds to believe that you have used the Software for any illegal or unauthorized activity.

Right to Monitor and Remove Submissions

Eccentex reserves the right, but has no obligation, to monitor the Online Communities, and Eccentex reserves the right to review any Content uploaded, posted, or sent, and to remove any Content in Eccentex’s sole discretion.

Inactive user accounts policy

We reserve the right to terminate unpaid accounts that are inactive for a continuous period of 120 days. In the event of such termination, all data associated with such account will be deleted. We will provide you prior notice of such termination and backup of your data by email.  In case of accounts with more than one user, if at least one of the users is active, the account will not be considered inactive.

Your Content

Eccentex does not claim title to or ownership of the Content. However, by uploading, posting, sending or otherwise transmitting any Content to any part of the Site, including the Online Communities, or submitting any Content to Eccentex:

  • You grant Eccentex and any sublicensees elected by Eccentex a perpetual, worldwide, royalty-free, irrevocable, nonexclusive right and license to use, copy, reproduce, publicly display or perform, modify, adapt and/or reformat, translate, publish, transmit and distribute such Content (or any part of it) in any form, medium, or technology now known or later developed with the right to sublicense any or all of such rights;
  • At Eccentex’s or sublicensees’ option, you agree to have your name published in connection with your Content or you agree to waive such right;
  • You warrant and represent that you own, control or have all the necessary rights to the Content including, but not limited to, the rights necessary to upload, post, send or otherwise transmit the Content and to grant licenses and sublicenses such as those set forth above; and
  • Any ideas, suggestions, or other information submitted or sent to Eccentex, including comments to blogs or posts in the Online Communities, will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Eccentex Privacy Policy.
  • You are responsible for ensuring that you do not accidentally make any private content publicly available.  You understand and accept that any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines.
  • You understand and accept that any content that you may receive from other users of the Software, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content.
  • In the course of using the Software, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available through the Software you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in the such manner.  Further, by making any content available in the manner aforementioned, you expressly agree that Eccentex will have the right to block access to or remove such content made available by you, if Eccentex receives complaints concerning any illegality or infringement of third party rights in such content. By using the Software and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Eccentex for this purpose.

Data ownership

We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Software does not grant Eccentex the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your account for Eccentex commercial, marketing or any similar purpose.  But you grant Eccentex permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing access to the Software to you.

User Information

In order to access certain parts of the Software or Site, you may be asked to provide personal information. Personal information you provide to Eccentex through the Service is governed by Eccentex Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Eccentex Privacy Policy. You are responsible for maintaining confidentiality of your username, password and other sensitive information.  You are responsible for all activities that occur in your account and you agree to inform us immediately of any unauthorized use of your account by contacting us using the details contained at: https://www.eccentex.com/contact-us/.  We are not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Communications from Eccentex

As part of providing access to the Software, we may include certain communications from Eccentex, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Software. As part of our policy to provide you total privacy, we also provide you the option of opting out from receiving newsletters from us. However, you will not be able to opt-out from receiving service announcements and administrative messages.

Sample files and applications

Eccentex may provide sample files and applications for the purpose of demonstrating the possibility of using the Software effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Eccentex makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.

Third-Party Websites, Content, and Services

Eccentex may make available a link to a third party’s website. The linked sites are not under the control of Eccentex, and Eccentex is not responsible for the products, services, information, contents, or any form of transmission which may be provided by or through any linked site, any link contained in a linked site, or any changes or updates to such sites, even if owned by affiliates of Eccentex. Eccentex provides such links only as a convenience and does not endorse such linked site or its use or content. Any reliance on the contents of a third-party site is done at your own risk, and you assume all responsibilities and consequences resulting from such reliance.F

Fees and payments

Subscriptions to utilizing the Software may be available for purchase through the Site.  If you choose to purchase a subscription to the Software through the Site, your subscription will be automatically renewed at the end of each subscription period unless you inform us that you do not wish to renew the subscription. The subscription fee will be charged to the Credit Card last used by you.  If you would like the payment for the renewal to be made through a different Credit Card or if you do not wish to renew the subscription, you agree to inform us at least seven days prior to the renewal date.  In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Eccentex reserves the right to change the subscription fee and to charge for use of Software that are currently available free of charge.  You will not be charged for using any Service unless you have opted for a paid subscription plan.

Restricted Rights Legend

Use, copy, or disclosure by the government of the United States is subject to the restrictions set forth in the Defense Federal Acquisition Regulation Supplement (DFARS) § 252.227-7013(c)(1)(ii) and the Commercial Computer Software License at 48 C.F.R. § 52.227-19.

Export Control Restrictions

You may not access, download, use, or export the Information (including the Software and Content) in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations. You and your organization agree to comply with all export laws, restrictions, and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Information (including the Software and Content) in violation of any such restrictions, laws, or regulations, or without all necessary approvals. As applicable, you will obtain and bear all expenses related to any necessary licenses and/or exemptions with respect to the use of the Information outside of the United States. The Information (including the Software and Content ) may not be downloaded or otherwise provided or made available, either directly or indirectly, (a) to any country subject to United States trade sanctions, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; or (b) to persons listed by the United States Treasury Department as “Specially Designated Nationals and Blocked Persons” or by the United States Commerce Department in its “Table of Denial Orders”. By agreeing to the Terms of Use, you represent and warrant that you and your organization, if applicable, are not (a) located in, under the control of, or a national or resident of, any such country; or (b) a person on the “Specially Designated Nationals and Blocked Persons” or “Table of Denial Orders” lists.

Disclaimers

You expressly understand and agree that use of the Software is at your sole risk.   Any and all the Information (including the Software and Content) provided on the Site are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose or any warranties regarding workmanlike efforts, lack of negligence or non-infringement.

Eccentex makes no warranty that the Software, Information, Content, results, or materials that may be obtained from the use of the Software, Site or any tools or services available or offered by Eccentex will be accurate or reliable; or the quality of any products or services will meet your expectations.

The content of the Software or Site may include technical inaccuracies or typographical errors. Eccentex does not warrant that the electronic functions contained in the Software will be uninterrupted or error free, that defects will be corrected, or that the Software or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the information available through the Software. Eccentex does not endorse and is not responsible for the accuracy or reliability of any Content on the Software or Site, or for any offensive, defamatory, obscene, unlawful or infringing Content made thereon by anyone other than an authorized representative of Eccentex acting in his or her official capacity.

In the future, changes may be added to the information herein but there will be no duty to update the Software. Eccentex may make improvements or changes in the products or programs described on the Site at any time without notice.  No advice or information, whether written or oral, obtained by you from Eccentex, its employees or representatives shall create any warranty not expressly stated in the Terms of Use.

Limitation of Liability

Neither Eccentex nor any of its directors, officers, employees, or other representatives will be held liable for errors contained herein, or for any direct, indirect, special, punitive, incidental or consequential damages such as, but not limited to, loss of data, loss of profits or revenues, loss of business, loss of reputation, or any economic loss arising out of, or in connection with the furnishing, the access, or use, or inability to use the Software or Site, or reliance on any of the information provided or materials contained in the Software or Site even if advised of the possibility of such damages. In no event will Eccentex nor any of its directors, officers, employees, or other representatives be held liable for or in connection with any Content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Software or Site.

The aggregate liability of Eccentex and any of its directors, officers, employees, or other representatives to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence) arising from the Terms of Use or your use of the Software or Site will not exceed, in the aggregate, the amount, if any, paid by you to Eccentex for your use of the Software or Site or purchase of products or services via the Site. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages; so the above limitation or exclusion may not apply to you to the extent prohibited by law.

Indemnification

You and your organization agree to defend, indemnify and hold Eccentex, its directors, officers, employees, or representatives harmless from and against any and all claims, damages, expenses (including reasonable attorney fees), losses or liabilities arising out of or in connection with your access to or use of the Site and the Software, including the Online Communities. Eccentex reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Arbitration

Any controversy or claim arising out of or relating to the Terms of Use shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Eccentex may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Termination

Eccentex may, at its option, terminate or restrict without notice any user’s access (and any account of such person) to the Site without prejudice to its right to claim for indemnification of damages in case of termination for breach of the Terms of Use.

You agree that we may terminate your account and access to the Software for reasons including, but not be limited to, breaches or violations of the Terms of Use or the Eccentex Privacy Policy, a request by you to terminate your account, discontinuance or material modification to the Software, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your Eccentex account includes termination of access to the Software, deletion of your Account information such as your e-mail ID and Password and deletion of data in your account as permitted or required by law.

Claims of Copyright Infringement

Eccentex will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Pursuant to the DMCA, notifications of claimed copyrighted infringement (the “Notification”) must be submitted in writing to:

Eccentex Corporation

ATTN: Legal Counsel/DCMA Designated Agent
6101 W. Centinela Ave
Suite 110
Culver City, CA 90230
United States of America

Or you by visiting: https://www.eccentex.com/contact-us/

To be effective, the written Notification must include the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Service Provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be connected;
  • A statement that the complaining party has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the Notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Applicable Law and Dispute Resolution

The Terms of Use as well as all matters relating to your access to and use of the Software or Site will be governed by the laws of the State of California, to the exclusion of its conflict of law provisions and, where applicable, with the federal law of the United States. Any dispute, legal action or proceeding relating to your access to and use of the Software or Site or interpretation of the Terms of Use will be subject to the exclusive jurisdiction of the California state courts in and for Los Angeles County, California (or, if there is federal jurisdiction, the United States District Court for the Central District of California), and you and Eccentex irrevocably agree to submit to the personal and exclusive jurisdiction of these courts and that venue therein is proper and convenient. Any judgment or order by any court having proper jurisdiction against either you or Eccentex may be enforced in any court having jurisdiction over you or Eccentex as the case may be.

Proprietary Rights

As between Eccentex and you, Eccentex owns and reserves all rights, title and interest in and to the Site, the Information, and the Content, including but not limited to any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein.

Intellectual Property Notices

Copyright © 2020 Eccentex Corporation, Inc. All rights reserved. You are authorized to copy documents published by Eccentex Corporation, Inc. (“Eccentex”) on the Software or Site only as specifically permitted by these Terms of Use.

Eccentex and the Eccentex logo are trademarks and service marks of Eccentex and may not be used, in whole or in part, in any manner without Eccentex’s prior written permission. All other trademarks are owned by their respective owners.

Any product, process or technology described in the Software or Site may be subject to other intellectual property rights reserved by Eccentex. Unless otherwise expressly authorized in the Site, no right to use any such intellectual property rights is granted hereunder.

Modification to the Terms of Use

We may modify the Terms of Use at any time, with or without prior notification. These modifications may include, without limitation, payment for the Software.  You will be provided notice of any such modification by electronic mail or by publishing the changes on the website https://eccentex.com where we will also revise the date of the Terms of Use.  Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

Contact Us

Questions, comments and requests regarding these policies should be addressed to our Legal Office through the following means:

Eccentex
Legal Department
6101 West Centinela Ave.
Suite #110
Culver City, CA 90230
USA

Email Address: legal@eccentex.com

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