Printable Copy Rev Jan 15, 2010
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eScout4u TERMS AND CONDITIONS
Last Updated: Jan 15, 2010
PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE ENTERING eScout4u's WEB SITE. THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") GOVERN YOUR ACCESS TO AND USE OF THIS Evolution, Inc. (eScout4u) WEB SITE AND THE www.eScout4u.COM WEB SITE GENERALLY, TOGETHER WITH THE SERVICES, APPLICATIONS, SOFTWARE, INFORMATION AND CONTENT AVAILABLE THROUGH THIS WEB SITE AND/OR eScout4u.COM. THIS WEB SITE IS AVAILABLE FOR YOUR ACCESS AND USE ONLY ON THE CONDITION THAT YOU AGREE TO THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, SELECT THE "I Decline" BUTTON BELOW. BY SELECTING THE "Enter Web " BUTTON BELOW, OR BY OTHERWISE USING OR ACCESSING ANY OF THE SERVICES, APPLICATIONS, SOFTWARE, INFORMATION AND CONTENT AVAILABLE THROUGH eScout4u WEB SITE, YOU, IN YOUR INDIVIDUAL CAPACITY, OR YOUR EMPLOYER ("YOU" OR "YOUR" OR "YOURSELF") SIGNIFY YOUR AGREEMENT WITH EVOLUTION, INC. (eScout4u) TO BE BOUND BY THESE TERMS AND CONDITIONS.
1. USER ELIGIBILITY.
eScout4u's WEB SITES, www.eScout4u.com or www.Evolutioninc.com web site generally (collectively, "eScout4u WEB SITE" or "Web Site"), are provided by eScout4u and are available only to legal entities and persons over the age of legal majority who can form legally binding agreement(s) under applicable law. If You do not qualify, You are not permitted to register for and to use eScout4u WEB SITE.
2. SCOPE OF TERMS AND CONDITIONS.
These Terms and Conditions govern Your access to and use of eScout4u WEB SITE and, except to the extent they are subject to a separate agreement, (a) all applications, software and services available through eScout4u WEB SITE (collectively, "Services") (b) all content available through eScout4u WEB SITE, including but not limited to, text, graphics, data, images, software and other material presented or otherwise displayed through eScout4u WEB SITE (collectively, "Content") and (c) all information and data ("Information") available through the eScout4u computer and network systems and services offered within eScout4u WEB SITE ("eScout4u Systems"). Specific terms or agreements may apply to the use of certain Services, Content, Information and other items provided to You via eScout4u WEB SITE ("Ancillary Agreement(s)"). Access to or use of eScout4u WEB SITE, the eScout4u Systems, Services, Content or Information that is inconsistent with these Terms and Conditions or the terms and conditions of the Ancillary Agreements, as applicable, is not authorized.
eScout4u may revise and update these Terms and Conditions at any time. Your continued usage of eScout4u WEB SITE will be conditioned upon Your agreement to the revised Terms and Conditions. eScout4u may also establish or change, at any time, general practices and limits concerning products and services provided through eScout4u WEB SITE in its sole discretion. eScout4u may terminate, update, alter or supplement any Services, Content or Information available through eScout4u WEB SITE at any time.
4. eScout4u WEB SITE REGISTRATION.
(a) Registration Information. In consideration of Your use of eScout4u WEB SITE, You agree to: (i) provide true, accurate, current and complete registration information about Yourself, as prompted by eScout4u WEB SITE ("Registration Data") and (ii) maintain and promptly update Your Registration Data if Your details change at any time to keep it accurate, current and complete. Furthermore, You acknowledge and agree that if You are not accessing and using eScout4u WEB SITE in Your individual capacity and the employer identified in Your Registration Data changes at any time, these Terms and Conditions shall automatically terminate, and You shall no longer be authorized to access and use eScout4u WEB SITE, the Services, the Content, the Information and the eScout4u Systems.
(b) Password. As part of the registration process, You will select a user ID and password (collectively, the "Password"). Your Password, which will allow You to access eScout4u WEB SITE, Content, Information and eScout4u Systems, is the exclusive property and confidential information of eScout4u. The Password is to be used solely for Your individual use of and access to eScout4u WEB SITE, the Services, Content, Information and eScout4u Systems, and it shall not be used for any other purpose. You are prohibited from distributing, providing or otherwise making available Your Password to any third party. You are responsible for all activities that occur under Your Password. You agree to immediately notify eScout4u of any unauthorized use of Your Password. You may not use the Password of another eScout4u WEB SITE registered user.
(a) eScout4u collects, processes and uses data, and (iii) data or information otherwise provided by You in connection with the Services offered at eScout4u, and other affiliated eScout4u companies ("eScout4u Companies") receive Data and use it for the Purposes identified in Section
(b) below. "Data" shall not include any information input by You in eScout4u’s web site
(c) The Data may be provided to certain recipients ("Recipients"): (i) the eScout4u Companies, for the Purposes listed above, (ii) service providers of the eScout4u Companies, who use the Data in assisting eScout4u in carrying out the Purposes described above; (iii) government agencies and authorities, if required by law.
(d) You represent and warrant to eScout4u that when You or Your employees, agents or contractors ("Parties") provide eScout4u with Data, the Parties have the right and authority to do so, and further, that You or another Party has notified the eScout4u that eScout4u will be processing Data relating to the addressee for the Purposes set forth above, that Data relating to the addressee may be provided by eScout4u to the Recipients set forth above, and that Data relating to the addressee may be transferred as set forth above.
6. LICENSE AND OWNERSHIP.
eScout4u grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by eScout4u, and (b) access and use the eScout4u computer and network services offered within the Web Site (the "eScout4u Systems") only in the manner expressly permitted by eScout4u. Except for this limited license, eScout4u does not convey any interest in or to the eScout4u Systems, information or data available via the eScout4u Systems (the "Information"), Content, Services, Web Site or any other eScout4u property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of eScout4u. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by eScout4u.
7. RESTRICTIONS ON USE OF eScout4u WEB SITE.
In addition to other restrictions set forth in these Terms and Conditions, You agree that eScout4u WEB SITE is restricted to bona fide registered users and customers of eScout4u, and that:
(a) You will not disguise the origin of information transmitted through eScout4u WEB SITE.
(b) You will not provide false or misleading information via eScout4u WEB SITE.
(c) You will not input or upload via eScout4u WEB SITE any information which contains viruses or other computer programming routines or devices of any type that are intended to damage, interfere with, intercept or expropriate any system, eScout4u WEB SITE, Services, Content or Information or that infringes the Intellectual Property rights of another.
d) You will not use or access eScout4u WEB SITE or the eScout4u Systems, Services, Content or Information in any way that adversely affects the performance or function of the eScout4u Systems, Services, Content, Information or eScout4u WEB SITE, or interferes with the eScout4ulity of authorized parties to access the eScout4u Systems, Services, Content, Information or eScout4u WEB SITE in the manner presented by eScout4u.
(e) In all instances of eScout4u WEB SITE where You are prompted to provide a eScout4u login, You will provide only a eScout4u login for which You are responsible in Your individual capacity or a eScout4u login of the entity on whose behalf You registered and with whom You have an employment, not an independent contractor, relationship.
8. ACCESS TO RELATED SYSTEMS AND INFORMATION.
Your use and access of the eScout4u Web Site and Information are subject to the following terms:
(a) The "eScout4u Web Site" is comprised of the eScout4u Systems that are used to provide information, address validation and other functions related to eScout4u business uses. The eScout4u Web Site and Information gained from such systems ("Information") are to be used by You solely by or to You or on Your behalf and for no other purpose.
(b) The eScout4u Web Site and Information are the private property of eScout4u. eScout4u authorizes You to use the functionality within the eScout4u Web Site solely by or for You to eScout4u for no other purpose. Without limitation, You are not authorized to make the eScout4u Web Site available on any web site or otherwise copy, distribute, store, use or sell the eScout4u Web Site for commercial gain without the express written consent of eScout4u. This is a personal service, thus Your right to use the eScout4u Web Site and Information is non-assignable. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
(c) Any use in connection with the eScout4u Web Site of automated inquiry devices, robots, or repetitive data gathering and extraction tools, routines, scripts or other mechanisms with similar functionality is expressly prohibited.
(b) Inbound Links. Linking to any page other than to http://www.escout4u.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with eScout4u. Any web site or other device that links to http://www.escout4u.com or any page available therein is prohibited from (i) replicating Content or Information, (ii) using a browser or border environment around the Content or Information, (iii) implying in any fashion that eScout4u or any of its affiliates are endorsing it or its products, (iv) misrepresenting any state of facts, including its relationship with eScout4u or any of its affiliates, (v) presenting false information about eScout4u products or services, and (vi) using any logo or mark of eScout4u or any of its affiliates without express written permission from eScout4u.
eScout4u may accept ideas, concepts, or techniques for new services or products through eScout4u WEB SITE ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) eScout4u and its affiliates are under no obligation to keep such information confidential, and (c) eScout4u will have an unrestricted, irrevocable, world-wide, royalty free right to use, communicate, reproduce, publish, display, distribute and exploit such Comments in any manner it chooses.
You agree that eScout4u, in its sole discretion, may terminate or suspend Your use of eScout4u WEB SITE, the eScout4u Systems, Services, Content and/or Information at any time and for any or no reason or for breach of any provision in these Terms and Conditions in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, eScout4u may immediately deactivate Your Password and You must immediately upon notification (a) discontinue use of eScout4u WEB SITE and the Services, and (b) destroy any copies You have made of any portion of the Content or Information.
13. DISCLAIMER OF WARRANTIES.
eScout4u WEB SITE, THE eScout4u SYSTEMS, THE SERVICES, THE CONTENT AND THE INFORMATION ARE PROVIDED ON AN "AS IS" BASIS. eScout4u AND ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES" RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. eScout4u AND ITS AFFILIATES, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, SECURITY OR TIMELINESS OF THE SERVICES, CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE USE OF eScout4u WEB SITE OR THE eScout4u SYSTEMS. NO INFORMATION OBTAINED BY YOU VIA eScout4u WEB SITE AND/OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED BY eScout4u IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DEALING AS A CONSUMER, YOUR STATUTORY RIGHTS THAT CANNOT BE WAIVED, IF ANY, ARE NOT AFFECTED BY THESE PROVISIONS. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS AND CONDITIONS ARE FAIR AND REASONABLE.
14. LIMITATION OF LIABILITY.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL eScout4u, OR ITS AFFILIATES, LICENSORS, SUPPLIERS OR ANY THIRD PARTIES MENTIONED AT eScout4u WEB SITE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OF OR INABILITY TO USE eScout4u WEB SITE, THE eScout4u SYSTEMS, SERVICES, CONTENT OR INFORMATION WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT eScout4u IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL eScout4u'S TOTAL LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR LOSS REGARDLESS OF THE FORM OF ACTION OR CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED $100.00. TO THE EXTENT PERMITTED BY LAW, THE REMEDIES STATED FOR YOU IN THESE TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS AND CONDITIONS.
You agree to indemnify and hold eScout4u and its affiliates, and their respective officers, directors, employees, agents, licensors and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, Your use of eScout4u WEB SITE, the eScout4u Systems, Services, Content, or Information in a manner that violates or is alleged to violate these Terms and Conditions.
16. COMPLIANCE WITH LAW INCLUDING EXPORT CONTROL.
You agree to use eScout4u WEB SITE, the eScout4u Web Site, Services, Content and Information in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of eScout4u, negatively reflect on the goodwill or reputation of eScout4u and shall take no actions which would cause eScout4u to be in violation of any laws, rulings or regulations applicable to eScout4u.
eScout4u and eScout4u WEB SITE are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Services (including any software) or Content to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Services (including any software), Content or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Services (including any software) and Content.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE eScout4u SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE COURT SITTING IN THE COUNTY OF JOHNSON, STATE OF KANSAS OR FEDERAL COURT SITTING IN THE COUNTY OF WYANDOTTE, STATE OF KANSAS, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE eScout4u SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
18. GOVERNING LAW AND LANGUAGE.
(a) To the fullest extent permitted by law, these Terms and Conditions are governed by the internal substantive laws of the State of Kansas, U.S.A. excluding Kansas's conflicts of laws principles.
(b) To the fullest extent, permitted by law, the controlling language for these Terms and Conditions and all correspondence and communications between You and eScout4u under this Agreement is English. Any translation has been provided for Your convenience.
(c) You agree to the admissibility of computer records and electronic evidence in any dispute herein.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. These Terms and Conditions shall inure to the benefit of and be binding on the parties hereto, and their successors and assigns. These Terms and Conditions may not be assigned by You without the prior written consent of eScout4u. eScout4u may freely assign any or all of its rights or obligations under these Terms and Conditions. Nothing in these Terms and Conditions, express or implied, shall confer on any person or entity other than the parties hereto, and their respective successors and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of these Terms and Conditions, except that the eScout4u Companies are intended third party beneficiaries of these Terms and Conditions.
20. WRITTEN DOCUMENT.
You may preserve these Terms and Conditions in written form by printing them for Your records, and You waive any other requirement that these Terms and Conditions be evidenced by a written document.
21. FOR RESIDENTS OF QUEBEC.
The parties declare that they have required that these Terms and Conditions and all documents related hereto, either present or future, be drawn up in the English language only.
Les parties déclarent par les présentes qu'ils exigent que cette entente et tous les documents y afférents, soit pour le présent ou l'avenir, soient rédigés en langue anglaise seulement.
22. COMPLETE AGREEMENT.
Except as expressly provided in a separate service or other written agreement between you and eScout4u or in the eScout4u Service Documentation (as defined below), these Terms and Conditions constitute the entire agreement between you and eScout4u with respect to the use of eScout4u WEB SITE and the eScout4u Web Site, and any Services, Content and Information contained therein, and supersede all discussions, communications, conversations and agreements concerning the subject matter hereof. Notwithstanding the foregoing, as to each Service, the specific terms of the Ancillary Agreement shall control in the event of a conflict between the terms of the Ancillary Agreement and these Terms and Conditions. For purposes of this Section, "eScout4u Service Documentation" means (a) the eScout4u Web Site and the eScout4u business use.
NOTICE: Consent to Processing of Data:
You hereby consent to the processing of Your Data for the purposes as set forth in Section 5 by the eScout4u Companies. You also agree that You have received notice of, and consent to, the processing and use of Your Data as described in Section 5.
Terms and Conditions
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