Welcome to www.ecresearchcorp.com (the "web site"). EC RESEARCHCORP and its affiliates
("we," "us" or "EC Research") provide the information and content on this web site as
a convenience and for your information only. By accessing this web site, you, and
any parties on whose behalf or for whose benefit you access or otherwise use this
web site (collectively, "you" or "User"), are agreeing to be legally bound by and
comply with the following terms. This web site Terms of Use Agreement and Disclaimer
of Liability (this "Agreement") governs the use of the web site including the content
contained therein. If you do not intend to accept this Agreement you should refrain
from using this web site in any manner.
- Acceptance. Accessing or otherwise using this web site constitutes your acceptance
of the terms of this Agreement. We may periodically change the terms of this Agreement,
so please check this Agreement from time to time as your continued use of the site
signifies your acceptance of any changed terms. You represent and warrant that you
are authorized to enter into this Agreement and be bound by the terms of this Agreement.
- Limitations on Your Use of the web site. Users who have accepted this Agreement
are granted permission to use this web site for its intended purposes subject to
the terms of this Agreement. Use of certain components of this web site may be subject
to additional terms relating to privacy of personal information or other matters
as may be provided in a separate agreement or policy. All such additional agreements
are hereby incorporated into this Agreement. To the extent that such additional
agreements and policies provide for additional restrictions on use of this web site,
such restrictions shall be in addition to those provided under this Agreement. Certain
sections of this web site may be restricted in which event use of those sections
is prohibited unless specific permission to access those sections is given by us.
This web site may be used only for your internal purposes. You agree to comply with
this Agreement as it may be modified from time to time as set forth below. You also
agree to comply with all applicable laws. EC Research may cancel the permission for
you to use all or any part of this web site at any time for any reason in the sole
discretion of EC Research. Your permission to use this web site shall automatically
terminate in the event that you violate this Agreement. All provisions of this Agreement
other than the permission to use this web site shall survive termination.
- Our Intellectual Property. All contents of the web site are copyrighted by EC Research
and all rights are reserved. EC Research, the EC Research logo, and other
EC Research products and services referenced herein may also be either trademarks
or registered trademarks of EC Research in the United States and other countries.
Except to the extent express written permission is given by us, you may not copy,
reproduce or otherwise duplicate this web site, in whole or in part, or access or
attempt to access any of our systems, programs, data or other information or content
that is not made available for public use, or use any information on this web site
other than for its intended purpose. Permission is hereby given to you to view,
print or download information on this site that is made available for public viewing,
printing or downloading, for your own internal use and not for republication, distribution,
sale, transfer, preparation of derivative works or other use. Data mining, harvesting
or similar collection of email addresses or other information on this web site is
prohibited. If you believe that any content or other aspects of this web site infringe
upon the rights of others, you should provide notice to us at the following address:
16059 North 82nd Street, Scottsdale, Arizona 85260-1800, in which event we may elect
to investigate the matter further.
- E-mail and Other Electronic Communications. When you visit the web site or send
e-mails to us, you are communicating with us electronically, and by doing so you
consent to receive communications electronically. We may communicate with you by
e-mail or by posting notices on the web site. You agree that all agreements, notices
and other communications we provide to you electronically satisfy any legal requirement
that such communications be in writing.
- Our Products. The products displayed on this site and available for purchase. All prices on this web
site are in U.S. dollars. We may change our available products and their prices
on this web site at any time and without prior notice.
- Links to Other web sites. This web site may contain advertisements for or information
about third party providers of information, services and products and/or links to
their web sites. The owners and affiliates of such providers are referred to in
this Agreement as "Third Party Vendors". Such advertisements, information and links
shall not be construed as approval or endorsement of such vendors or their web sites.
If you decide to deal with such vendors or visit such sites, you understand that
it is subject to any applicable rules and policies of these Third Party Vendors
including any applicable terms of use agreements or privacy policies of these Third
Party Vendors. Third Party Vendors have no authority to act on our behalf or bind
us, and we are not responsible for the actions of Third Party Vendors. You are responsible
for taking such steps as you deem appropriate to evaluate Third Party Vendors and
their services and products and otherwise protect your legitimate interests. EC Research
shall not be construed to be a party to any transactions that may be entered
into between you and Third Party Vendors.
- Links to Our web site. If a third party links to our web site, it is not necessarily
an indication of an endorsement, authorization, sponsorship, affiliation, joint
venture or partnership by or with us. In most cases, we are not aware that a third
party has linked to our web site. Unless otherwise set forth in a written agreement
between you and EC Research, you are hereby granted a limited, revocable and nonexclusive
right to create a hyperlink to the home page of our web site, provided that you
adhere to the following: (i) you may not use any logo, graphic or trademark of EC Research
as part of the link without our prior express written permission, (ii) the
appearance, position and other aspects of the link must not portray EC Research,
the web site, or EC Research’s products or services in a false, misleading, derogatory
or otherwise offensive manner, and must not damage or dilute the goodwill associated
with EC Research's trademarks, (iii) you may only link to our home page, www.ecresearchcorp.com,
and not to any other page within the web site, (iv) the appearance, position and
other attributes of the link may not create the false appearance that your web site
or organization is sponsored by, affiliated with, or associated with EC Research
in any way, and (v) you may not frame or utilize framing techniques to enclose all
or any portion of the web site on your web site. EC Research reserves the right
to revoke its consent to any hyperlink at any time and in its sole discretion.
- Security; Privacy. We strive to maintain the security of information provided in
connection with this web site but cannot guarantee the security of any such information
and we shall not be responsible for a compromise of User information. We have no
obligation to store or maintain any information provided by or on behalf of you.
Any information we collect will be subject to our Privacy Policy as it may be modified
from time to time.
- Changes to web site; Limitation of Availability. We may modify or discontinue any
aspect or feature of this web site, including its content, functionality, hours
of availability, the domain name addresses through which this web site is accessible,
or the equipment needed for its use, at any time and for any reason in our sole
discretion. The availability of this web site is subject to periodic downtime for
maintenance and repairs and is subject to interruption due to causes beyond our
reasonable control including computer viruses, failure of telecommunication links
and failure of Internet infrastructure. You acknowledge and agree that we shall
not be responsible for any interruptions of the availability of this web site.
- Your Sole Remedy. In the event that you are dissatisfied with any aspect of this
web site, your sole remedy shall be to discontinue use of this web site.
- Disclaimer of Warranties. Although we strive to provide high quality content on
this web site, we do not warrant or represent that: the content is accurate or complete,
the content is free from technical accuracies or typographical errors, the content
is up-to-date or current, the content is free from changes caused by third party,
we have a duty to update any content, and your access to our web site will be free
from interruptions, errors, computer viruses or other harmful components. THIS web
site IS PROVIDED "AS-IS" WITH ALL FAULTS AND EC RESEARCH DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS web site, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE
WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
BY WAY OF ILLUSTRATION WITHOUT LIMITATION, EC Research DOES NOT WARRANT THAT THIS
web site WILL FULFILL ANY USER'S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS web
site WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH
THIS web site IS ACCURATE. EC RESEARCH DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION
OBTAINED FROM ANY HYPERLINKED THIRD PARTY VENDOR.
- Disclaimer of Liability. NEITHER EC RESEARCH NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS,
MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE
ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER
GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST
PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT,
TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT EC RESEARCH IS PROVIDING
ACCESS TO THIS web site IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH
IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE
REASONABLE. IN NO EVENT SHALL EC RESEARCH'S LIABILITY TO USER EXCEED THE FEES ACTUALLY
PAID BY USER FOR USE OF THIS web site. Some jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages. In such jurisdictions,
our liability is limited to the greatest extent permitted by law.
- Choice of Law and Forum; Attorneys' Fees; Indemnification. This Agreement shall
be governed exclusively by its terms and by the laws of the State of Arizona as
applied to contracts entered into in Arizona between Arizona residents without regard
to the state's rules concerning choice of law. You hereby expressly consent and
agree to exclusive jurisdiction and venue in Maricopa County, Arizona with respect
to any litigation arising out of or relating to this Agreement, provided that we
may bring an action to enforce our rights in any forum having jurisdiction. In the
event we are required to incur any attorneys’ fees or other expenses in connection
with enforcing or defending our rights under this Agreement, you agree to reimburse
us for such attorneys' fees and expenses. Users also agrees to indemnify EC Research
against any and all claims and expenses, including attorneys' fees, arising
from the User's use of the web site or breach of this Agreement.
- Other Provisions. In the event that any provision of this Agreement is held to be
invalid or unenforceable, the remainder of this Agreement shall continue in full
force and effect, and the provision held to be invalid or unenforceable shall be
automatically amended to most closely approximate the original provision on terms
that are valid and enforceable and the court or other adjudicating authority holding
such provision invalid or unenforceable shall make such amendment accordingly. This
Agreement reflects the entire agreement of the parties relating to the subject matter
hereof, and any prior understandings, agreements or representations related to such
subject matter are hereby superseded. This Agreement shall control over any conflicting
documents or information, including information on this web site, and shall be the
sole source of any obligations of us. We may modify the terms of this Agreement
from time to time by posting changes to this Agreement on this web site. No provision
of this Agreement may be amended, modified or waived except as provided in the foregoing
sentence. You agree to review this Agreement from time to time and comply with any
changes. Any use of this web site after our posting of any such changes shall constitute
your acceptance of this Agreement as modified. The terms of this Agreement constitute
the mutual agreement of the parties and shall be construed neutrally and not for
or against either party.
© 2012 EC Research Corp.. All rights reserved.