ACCEPTANCE OF TERMS
The information on this Web site is protected by copyright.
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.
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 and execute 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.
The Services are provided on a month-to-month basis unless otherwise agreed in writing.
Either you or ESP may terminate the Services at any time upon 30 days’ prior written notice to the other party, delivered in accordance with the Notification Policy.
ESP also reserves the right to:
- limit or suspend your access to the Services; and/or
- terminate the Terms of Services or other agreement with you; and/or
- cancel your account; and/or
- remove Customer Content (as defined below) and/or Media Content (as defined below) uploaded to the Services,
with immediate effect, if in our reasonable opinion you are in breach of any of the obligations or undertakings in these Terms of Service.
You will remain liable for all obligations related to your Account even after it is closed. In particular, you will be responsible for any and all chargebacks, refunds, and any other fees associated with payment processing services following termination.
Please note that merely removing an ESP application will not close your account, cancel a recurring payment or delete a linked account (for example, a linked Customer account).
You are responsible for downloading and transferring any Customer Content or Media Content you wish to retain or re-use following termination or deleting that Customer Content from your Account. This must be done before termination.
You acknowledge that in the event of account termination or service cancellation, any ESP provided telephone numbers associated with your Account shall remain with ESP or may be released. You acknowledge that You are solely responsible for working with a third-party provider to establish any new numbers in connection with the termination or service cancellation of your Account and for notifying any third parties of your change in number.
Communication to ESP: For requests for change of Services under this Agreement, including cancellations, or to provide notice of other changes impacting your Account please use your Customer Account login to communicate directly to ESP, or send an email to your account manager and copy email@example.com.
Communication to customer: For service change notifications, we will communicate via your login area and/or directly to your Customer or Organization Administrator email address or the phone number as provided to us.
Pricing, Payments and Renewals Policy
By using the Services, you agree to pay all relevant Service Fees.
Service Fees payable for use of any Services are as described on the Website (unless otherwise agreed in writing) and may be updated from time to time. All pricing is specified on a monthly basis and in US Dollars (unless otherwise specified).
Services will automatically renew at the end of each subscription period, unless you cancel the Services through your Account before the end of the current subscription period.
You agree to pay all Service Fees and any other charges incurred by you or any users of your Account and your credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred on or before the due date.
You agree that you will only use credit cards belonging to you or for which you are expressly authorized to use.
Payments Processing Services Policy
ESP allows Customers to accept payments via credit card, debit card, and ACH transactions including processing cards bearing the trademarks of Visa®, MasterCard®, Discover®, and American Express® (collectively, the “Networks”). ESP is not a depositary institution and does not offer banking services or Money Service Business services as defined by the United States Department of Treasury. ESP must enter into agreements with Networks, other processors, and banks.
Service/Processing Fees: Service Fees shall apply to all financial transactions conducted through the use of ESP (including credit card, debit card, and ACH transactions) as further described on the Website or as otherwise agreed in writing.
Disbursements: ESP will disburse funds processed through ESP, interest free, less any refunds, chargebacks, and any applicable fees (including ESP Service/Processing Fees and/or transaction fees related to the Services, if applicable), as follows:
- Funds will be distributed in accordance with the directions of the Customer or, where the Account is in the name of an organization, the Organization Administrator;
- Funds may be deposited daily, weekly, or monthly into the relevant bank account, as requested by You with final determination by ESP.
- Funds will be remitted to the designated beneficiary by bank transfer, less the Service Fee and any other amounts deductible pursuant to these Terms of Service.
- Funds may be held in escrow pending any outstanding information requested, which may be necessary to vet each organization according to current legal, regulatory and compliance requirements. We may suspend or delay disbursements to you in order to protect ESP against the risk of, among other things, existing, potential or anticipated chargebacks, fraud or your failure to fulfill Your responsibilities set forth in these Terms.
- Proceeds (net of any Fees and other deductibles) will be available for distribution to the beneficiary by bank transfer typically within 1-2 banking days of transaction for credit/debit cards and up to 1-week for ACH transactions.
ESP has no liability for disbursements made in accordance with the above provisions.
ChargeBacks: You agree that ESP has the right to debit your bank account at any time to recover any negative balances that ESP may incur, for example, as a result of refunds, chargebacks or disputed payments (including any pass-through fees). If ESP is unable to collect on refunds/chargebacks using offset of your disbursement or debit of your bank account, ESP has the right to invoice you for any unpaid balance.
Unauthorized payments and Errors: If an Error (as defined) occurs that is solely our fault, we will use all reasonable efforts to remedy that Error. You must notify us immediately if you think there may be an Error or if you need more information about an Error at: firstname.lastname@example.org.
Although we will use all reasonable efforts to assist, You are solely responsible for any transactions made or damage or loss incurred in the following circumstances (none of which comprise an Error):
- If you make a mistake in making a transaction (for example, mistyping an amount you are sending);
- If you give a third-party access to your Account (intentionally or otherwise) and they use your Account without your knowledge or permission;Lost or stolen account credentials, or other use of your credentials without your permission by a third-party, before you notify us of that compromise;
- The invalidation or reversal of a payment as a result of refunds, reversals or chargebacks;
- Delays resulting from ESP applying holds, limits or reviews or relating to the time to may take for a transaction to be completed;
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: impotenciastop.com
(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.
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.
GOVERNING LAW AND JURISDICTION
RESERVATION OF RIGHTS
Any rights not expressly granted herein are reserved by Execu/Tech Systems, Inc.