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TERMS
OF USE
Use
License. E811, Inc. ("E811") grants you permission
to view this web site and to print individual pages from this
web site for your own personal, noncommercial use, provided
that you agree to and accept without modification the notices,
terms and conditions set forth in this agreement. You may
not modify, copy (except as otherwise noted), distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer or sell any products or services
from this web site.
Your
use of this web site constitutes your agreement and acceptance
without modification of the notices, terms and conditions
set forth herein. In addition, as a condition of your use
of this web site, you represent and warrant to E811 that you
will not use this web site for any purpose that is unlawful,
immoral or prohibited by these terms, conditions and notices.
If you do not agree and accept without modification the notices,
terms and conditions set forth herein, do not use this web
site. Other than this agreement between you and E811 relating
to the use of this web site, E811 will not enter into any
agreement with you or obligation to you through this site
and no attempt to create such an agreement or obligation will
be effective.
2.
Copyrights. This web site and its contents are the copyrighted
property of E811. Viewing this web site creates a copy of
E811's materials in your computer's random access memory and/or
in your hard drive and/or in your proxy server.
3.
Trademarks. The trademarks, service marks and logos (the "Trademarks")
used and displayed on this web site are the registered Trademarks
and Trademarks of E811, Inc. and others. Nothing on this Site
should be construed as granting, by implication, estoppel
or otherwise, any license or right to use any Trademark displayed
on the web site, without the prior written permission of the
Trademark owner. E811 aggressively enforces its intellectual
property rights to the fullest extent of the law. The name
of E811, the E811 logo or the other E811 formatives may not
be used in any way, including in advertising or publicity
pertaining to distribution of materials on this Site, without
prior, written permission from E811. E811 prohibits use of
its Trademarks as part of a link to or from any site unless
establishment of such a link is approved in advance by E811
in writing. Fair use of E811's Trademarks requires proper
acknowledgment. Other product and company names mentioned
in this web site may be the Trademarks of their respective
owners.
4.
Links to Third Party Sites. E811 does not maintain, is not
responsible for the content of, and does not endorse, any
of the web sites linked to E811 web site. You access or connect
to these linked web sites at your own risk. The content, accuracy
and reliability of, and the opinions expressed and other links
provided in, these non-E811 web sites are not investigated,
verified, monitored or endorsed by E811, and E811 disclaims
any warranty, express or implied, with respect to the contents
of such web sites.
5.
Disclaimer. YOUR USE AND BROWSING IN THE WEB SITE ARE AT YOUR
OWN RISK. EVERYTHING ON THIS WEB SITE IS PROVIDED "AS
IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.
E811, INC. SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT. E811 SHALL HAVE NO LIABILITY OR RESPONSIBILITY
FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR
YOUR ACTION OR INACTION IN CONNECTION WITH THIS SITE OR FOR
ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU
MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS WEB
SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL E811, ITS AFFILIATES
OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY
WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE CONTENTS
IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS SITE
OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. E811 ALSO
ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY
DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR
BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OF ANY MATERIALS,
DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE.
SOME
STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
6.
Posting Information. Portions of this web site may provide
users an opportunity to post and exchange information, ideas
and opinions ("Postings"). PLEASE BE ADVISED THAT
E811, INC. DOES NOT SCREEN, EDIT, OR REVIEW POSTINGS PRIOR
TO THEIR APPEARANCE ON THIS SITE, and Postings do not necessarily
reflect the view of E811, Inc. In no event shall E811, Inc.
assume or have any responsibility or any liability for the
Postings or for any claims, damages or losses resulting from
their use and/or appearance on this web site.
E811
reserves the right to monitor all Postings and to remove any
which it considers in its absolute discretion to be unlawful,
offensive or otherwise in breach of these terms and conditions.
You hereby authorize E811, Inc. to use and/or authorize others
to use all or part of your Postings in any manner, format
or medium that E811, Inc. or such other parties see fit. You
shall have no claim or other recourse against E811, Inc. for
infringement of any proprietary right in Postings.
7.
Submissions. Any communication or material you transmit to
the web site by electronic mail or otherwise, including any
data, questions, comments, suggestions, or the like is, and
will be treated as, nonconfidential and nonproprietary. Anything
you transmit or post becomes the property of E811 and may
be used for any purpose, including, but not limited to, reproduction,
disclosure, transmission, publication, broadcast and posting.
Furthermore, E811 is free to use any ideas, concepts, know-how,
or techniques contained in any communication you send to the
web site for any purpose whatsoever including, but not limited
to, developing, manufacturing and marketing products and services
using such information. Through your usage of this web site,
you may submit and/or E811 may gather certain limited information
about you and your web site usage. E811 is free to use such
information for any purpose it deems appropriate, including,
but not limited to, creating customized web pages and marketing
purposes.
8.
General. You agree that this agreement and your use of this
web site are governed by the laws of the State of South Carolina,
USA. You hereby consent to the exclusive jurisdiction and
venue of the courts, tribunals, agencies and other dispute
resolution organizations in Columbia, South Carolina, USA
in all disputes (a) arising out of, relating to, or concerning
this web site and/or this agreement, (b) in which this web
site and/or this agreement is an issue or a material fact,
or (c) in which this web site and/or this agreement is referenced
in a paper filed in a court, tribunal, agency or other dispute
resolution organization. Use of this web site is unauthorized
in any jurisdiction that does not give full effect to all
provisions of this agreement, including without limitation
this paragraph and the warranty disclaimers and liability
exclusions above. E811 has endeavored to comply with all legal
requirements known to it in creating and maintaining this
web site, but makes no representation that contents on this
web site are appropriate or available for use in any particular
jurisdiction. Use of this web site is unauthorized in any
jurisdiction where all or any portion of this Site may violate
any legal requirements and you agree not to access this web
site in any such jurisdiction. You are responsible for compliance
with applicable laws. Any use in contravention of this provision
or any provision of this agreement is at your own risk and,
if any part of this agreement is invalid or unenforceable
under applicable law, the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision
and the remainder of the agreement shall govern such use.
9.
Changes. You agree that E811 may at any time and without notice
change the terms, conditions and notices under which this
web site is offered, as well as the content of the web site.
10.
Relationship. You agree that no joint venture, partnership,
employment or agency relationship exists between you and E811
as a result of this agreement or your use of this web site.
11.
Entire Agreement. This agreement constitutes the entire agreement
between you and E811 with respect to this web site. This agreement
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between you
and E811 with respect to this web site. No modification of
this agreement shall be effective unless it is authored by
E811 or its affiliates, or unless it is physically signed
in blue ink by a E811 officer. Any alleged waiver of any breach
of this agreement shall not be deemed to be a waiver of any
future breach. A printed version of this agreement and/or
of any notice given by E811 in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement or your use of this web site to the same
extent and subject to the same conditions as other business
documents and records originally generated and maintained
by E811 in printed form.
©
2002 E811, Inc. All Rights Reserved.
PRIVACY POLICY
Protecting
your personal information is of the utmost importance to E811,
Inc. ("E811") Therefore, we have prepared this Privacy
Policy to inform you as to how we will use the information
you entrust to us.
In
general, you can visit e811.com (the "web site")
on the World Wide Web without telling us who you are or providing
us with any information. However, we collect the domain names
(not the e-mail addresses) of all visitors to our web site
to measure the number of visits, pages visited, average time
spent on the web site, etc. We use this information to continually
improve the convenience and functionality of our web site.
We
may also conduct online surveys to better understand the needs
and profiles of our visitors. When we conduct such a survey,
we will try to let you know how we will use the information
at the time we collect information from you on the Internet.
Unless
it is specifically stated otherwise, when you are asked for
personal information on the web site, you are agreeing to
share that information with E811 and its affiliates. When
we request your personal information, we will try to let you
know at the time of collection how we will use this information.
Although
no data transmission over the Internet can be guaranteed to
be 100% secure, we will do our best to ensure the security
of any client account information on our system and/or personal
information you send to us via electronic mail through our
web site. As a result, while we strive to protect all client
account and personal information, E811 and its affiliates
cannot ensure or warrant the security of any such information
you transmit to us, and you do so at your own risk.
Our
web site uses a technology called "cookies" which
may be used to provide you with tailored information. A cookie
is a tiny element of data that a web site can send to your
browser, which may then be stored on your hard drive so we
can recognize you when you return. All pages on the web site
where you are prompted to log-in or that are customizable
require that you accept cookies. These cookies (a) will let
us know who you are, and (b) are necessary to access any client
account information (stored on our computers) in order to
deliver personalized services. You may set your browser to
notify you when you receive a cookie, however please note
that by not accepting cookies from the web site you will limit
the functionality we can provide when you visit our web site.
Our web site may include links to the sites of our business
partners, vendors and advertisers. E811 is not responsible
for the content or the privacy practices employed by any third
party.
E811
does knowingly solicit information from children, and we do
not knowingly market our products or services to children.
©
2002 E811, Inc. All Rights Reserved.
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