Terms

:Terms
Terms 2017-07-27T14:13:11+00:00
ACCEPTANCE OF TERMS

Execu/Tech Systems, Inc. (“Execu/Tech”) makes available for your use on this Web site (the “Site”) information, documents, software and products (the “Materials”) and various services (the “Services”), subject to the terms and conditions set forth in this document (the “Terms of Use”). Any use of this Web site constitutes your agreement to abide by these Terms of Use and any other terms and conditions specified on the applicable Web page. Execu/Tech reserves the right to change the Terms of Use from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. In addition, when using particular Services or Materials on this Site, you shall be subject to any posted guidelines or rules applicable to such Services or Materials that may contain terms and conditions in addition to those in the Terms of Use. All such guidelines or rules are hereby incorporated by reference into the Terms of Use. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates and you must immediately destroy any Materials downloaded or printed from the Site.

COPYRIGHT NOTICE

The information on this Web site is protected by copyright.

TRADEMARKS

Execu/Tech and names of Execu/Tech products referenced in this Web site are trademarks or registered trademarks of Execu/Tech, Inc. All other product and company names mentioned herein are or may be the trademarks of their respective owners.

LIMITED LICENSE

The Materials and Services on this Site are protected by copyright and/or other intellectual property laws and any unauthorized use of the Materials or Services at this Site may violate such laws. Except as expressly provided herein, Execu/Tech and its suppliers do not grant any express or implied right to you under any patents, copyrights, trademarks, or trade secret information with respect to the Materials and Services.

Except as specifically permitted herein, no portion of the information or documents on this Site may be reproduced in any form or by any means without the prior written permission of Execu/Tech.

Use of Software:

The software and accompanying documentation that are made available to download from this Site are the copyrighted work of Execu/Tech and/or its suppliers. Use of the software is governed by the terms of the end user license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the software.

Use of Site Information:

Except as otherwise indicated elsewhere on this Site, you may view, download and print the documents and information available on this Site subject to the following conditions:

(1) the above copyright notice and this permission notice must appear, (2) use of such documents is for informational and non-commercial or personal use only and the documents will not be copied or posted on any network computer or broadcast in any media, (3) no modifications of any documents are made, and (4) Execu/Tech reserves the right to revoke such authorization at any time, and any such use will be discontinued immediately upon written notice by Execu/Tech. Use for any other purpose is prohibited by law.

Documents specified above do not include the design or layout of this Web site. Elements of Execu/Tech’s Web site are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part.

WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND EXECU/TECH, ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EXECU/TECH MAKES NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OBTAINED FROM THE SITE WILL BE CORRECTED. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. EXECU/TECH MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND EXECU/TECH MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

EXECU/TECH ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE. REFERENCES TO OTHER CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

IN NO EVENT SHALL EXECU/TECH OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT EXECU/TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR ACQUISITION OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXECU/TECH OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

You may through hypertext or other computer “links” gain access to other sites on the Internet which are not part of this Web site. The linked sites are not under the control of Execu/Tech and Execu/Tech is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The provision by Execu/Tech of a link to another site does not constitute an authorization by Execu/Tech to access materials at that site or an endorsement by Execu/Tech of any such materials.

This Site can be accessed from other countries around the world and may contain references to Execu/Tech products, services, and programs that have not been announced in your country. These references do not imply that Execu/Tech intends to announce such products, services or programs in your country.

CONFIDENTIAL INFORMATION; PRIVACY

Please note that, with the exception of credit card numbers and personal information requested on our download pages, Execu/Tech does not want to receive confidential or proprietary information from you through our Site. Any non-personal information or material sent to Execu/Tech will be deemed NOT to be confidential. By sending Execu/Tech any non-personal information or material, you grant Execu/Tech an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that Execu/Tech is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first notify you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

EXPORT CONTROL LAWS

The export and re-export of Execu/Tech software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba, Iran, North Korea, Sudan, or any country to which the United States embargoes goods. In addition, Execu/Tech software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

By downloading an Execu/Tech software product you are certifying that you are not a national of Cuba, Iran, North Korea, Sudan, or any country to which the United States embargoes goods and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

INDEMNITY

You agree to indemnify and hold Execu/Tech, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

GOVERNING LAW AND JURISDICTION

These Terms of Use will be governed by and construed in accordance with the laws of the State of Florida, United States of America, without regard to conflict of law principles. All suits, proceedings or claims in connection with these Terms of Use shall be brought in the state or federal courts of the State of Florida in the county of Bay and you hereby consent to the jurisdiction and venue of those courts. If any provision of this Terms of use is held by a court of competent jurisdiction to be invalid, unreasonable or unenforceable, such provision or requirement will be enforced only to the extent that it is not invalid, unreasonable or otherwise unenforceable and all other provisions of this Terms of Use shall remain in full force and effect.

RESERVATION OF RIGHTS

Any rights not expressly granted herein are reserved by Execu/Tech Systems, Inc.