User Registration and Information
Restrictions on Use of Content
The terms and conditions set forth in this document apply to all visitors ("Users" or "you") to EPETHICS website ("Site"), and constitute a binding, legal agreement ("Agreement") between the User and EPETHICS. Please read the information below carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this Agreement. EPETHICS is the full subsidy of Gardenia Ventures, LLC.
ContentWhen you post Content on EPETHICS' website, you grant EPETHICS the nonexclusive right to display the Content however EPETHICS deems appropriate. If you include any information that could be used to identify you, such as your personal phone number, e-mail address, Social Security number or a government-issued ID number, (collectively "Personal Data") in your Content, it will be included with your Content. By including Personal Data in the Content you post, you authorize EPETHICS to disclose that Personal Data as part of the Content. You may not include Personal Data about other people in your Content. By posting your Content on the site, you grant that EPETHICS, in service to the creator may excerpt your Content, excluding any Personal Data that may have been included, for use in marketing materials. You further agree that EPETHICS may make minor modifications to the Content for technical reasons, and/or insert relevant advertising in appropriate locations of your Content to increase reader experience. By uploading Content to the Site you represent and warrant, at all times during the term of this Agreement, that the Content:
EPETHICS reserves the right to refuse to permit your publication on the Site of any Content that EPETHICS, in its sole discretion, deems in violation of the terms and conditions set forth above.
In addition, you represent and warrant that you have the legal capacity to enter into this Agreement, and that the entering into of this Agreement does not conflict with any arrangements or agreements between you and any other person or entity.
As the owner of the Site, EPETHICS reserves the right to place advertisements on the Site.
The person who created the Content is entirely responsible for it, and you are solely responsible for any Content you upload to EPETHICS. Since computers and other equipment (both yours and ours) are subject to occasional malfunction, you agree that you will not hold EPETHICS responsible for any inadvertent damage to, corruption of or destruction of the Content. EPETHICS is not responsible for backing up the Content. You are responsible for backing up, on your own computer, all Content. EPETHICS will not be responsible for archiving or backing-up any Content. If any Content transmitted to EPETHICS is damaged, lost or corrupted in any way, EPETHICS will have no obligation or liability to you. You are solely responsible for all Content you generate or forward to EPETHICS.
PrivacyIn general, EPETHICS collects Personal Data when you register with EPETHICS, when you use EPETHICS services and when you visit EPETHICS pages or pages related to the Content posted on EPETHICS pages. That information is used to perform various segment statistical analyses, which might be sold to other institutions and firms. At no time EPETHICS will sell your Content with Personal Data; only your user ID is displayed on EPETHICS' site with your Content. EPETHICS endeavors to limit access to your Personal Data to only those EPETHICS employees who reasonably need access to complete these purposes. You may view and edit your account information at any time.
EPETHICS will disclose Personal Data under the following circumstances:
EPETHICS will transfer your Personal Data to other countries where it does business, but will always treat your Personal Data according to the terms of EPETHICS.
EPETHICS will set and access cookies to keep track of your login status. Please reference your browser's "Help" menu to learn how to change cookie preferences.
Your Personal Data does not include Your EPETHICS username, and any information you make available through your Public Contact settings. Your EPETHICS username and Public Contact information may be displayed on the site to other users.
User Registration and InformationWe want to make sure that you have correctly completed the information in the User Registration form on the Site ("User Information"). In the event that any of your User Information changes in the future, please be sure to promptly update your User Information on the Site. Remember, it is your responsibility to keep current all of your User Information on the Site.
You will have the opportunity to select a username and Password during the User registration process. You are solely responsible in all respects for: (a) all use of the Site made using your username and Password, and (b) maintaining the confidentiality of your username and Password. Only one individual may access the Site at the same time using the same username and Password. You agree to notify us immediately of any unauthorized use of your e-mail address, username or Password or any other breach of security regarding the Site of which you are aware. EPETHICS may refuse to grant you a username or Password that impersonates someone else, is protected by trademark or other proprietary right law, is vulgar or otherwise offensive, or for any other reason.
Restrictions on Use of ContentIf you purchase Content off of the Site, you agree to the following restrictions with respect to such acquired Content and the information contained therein:
As a User, you agree not to use the Site to:
EPETHICS reserves the right to remove any and all material that we feel is inappropriate or illegal, or offensive, or potentially or actually harmful in any respect, or negatively affects site operations.. At our discretion, we will remove Content and/or ban Users who violate our policies with respect to the Site. We reserve the right to amend our policies from time to time in our sole discretion.
DisclaimersEverything on EPETHICS' Site and everything sold via the Site, including all software, services, information, materials, forums, tools and Content is offered by EPETHICS and its third-party licensors and content providers on an "as-is," "as-available" basis, without representation or warranty of any kind, including but not limited to the implied warranties of merchantability, non-infringement and fitness for a particular purpose. Without limiting the prior statement, EPETHICS cannot vouch for the quality, accuracy, completeness, or currentness of any Content or information sold or provided through the Site.
Regarding downloads, EPETHICS does not represent or warrant that downloading content or use of the site will be successful, and does not represent or warrant that any such downloading or use will not cause damage to your computer, data, software, files or peripherals. EPETHICS will not be liable for any damage to your computer, data, software, files, or peripherals that may be caused by your use of the site and downloading Content.
Limitation of LiabilityIn no event shall EPETHICS or any of its officers, employees, directors, affiliates, agents or third-party licensors and content providers be liable to you or anyone else for any special, consequential, indirect, cover, punitive, incidental or similar damages (including, without limitation, lost profits, lost sales, or lost business) directly or indirectly related to or arising out of the Site, Content on the Site, or any transaction entered hereunder, whether in contract, tort or otherwise, even if EPETHICS or one of its officers, employees, affiliates or agents has been advised of the possibility of such damages. You agree that the liability of EPETHICS, its officers, employees, affiliates, and agents, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with any transaction entered hereunder or the Site shall not exceed the amount you paid to EPETHICS in connection with the transaction giving rise to such claim. Any action under this Agreement must be commenced within one (1) year after such cause of action occurs.
The foregoing limitation applies to the acts, omissions, negligence, and gross negligence of EPETHICS, its officers, employees, affiliates and agents which, but not for this provision, would give rise to the cause of action against EPETHICS in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from state to state or country to country.
IndemnificationIf someone takes EPETHICS to court as the result of something you did in violation of this Agreement, you will pay for any damages or costs assessed against or incurred by EPETHICS. In other words, you shall indemnify and hold EPETHICS harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that EPETHICS may sustain or incur by reason of any breach or alleged breach of any representation, warranty, term or condition of this Agreement, and for any act or omission by you which is in any way related thereto.
Proprietary RightsEPETHICS is the owner of all intellectual property rights, including all copyright, patents, and trademarks, associated with the Site, with all rights reserved, exclusive of Content provided by third parties (including Content), which is owned by the licensors of such Content. EPETHICS owns the design, format and layout of the Site. EPETHICS authorizes Users of this website to use the Site and to copy materials posted on the Site strictly for their own personal, non-commercial use, provided you maintain all notices of rights on the Content. Any and all other uses of the materials posted on the Site are prohibited. Giving you permission to make a copy for your own use does not mean that you can do anything else with the Content. In other words, your authorization from EPETHICS does not extend to use of the design, format, or layout of this website, which may be further protected under applicable trade dress, trademark, or copyright laws. All copyright, patent, trademark, and other intellectual property-related notices must remain affixed to any materials downloaded from this website. Failure to maintain such notices voids the authorization granted above. In granting this authorization, EPETHICS grants no other right, title, ownership, license, or other property interest in the materials and subject matter posted on the Site, and in any intellectual property rights protecting such materials and subject matter.
The EPETHICS logo and the names of all EPETHICS products and/or services as posted herein are either trademarks or service marks, or registered trademarks and/or service marks of EPETHICS.
MiscellaneousThis Agreement is binding. It cannot be changed, except as the Agreement describes, specifically including the Amendments section below, unless both parties agree to a change and that change is set out in a written document signed by both parties. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. No rights provided by this Agreement are lost or diminished because of lack of use of such rights.
Every provision of this Agreement is intended to be severable. If any section of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the section will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect.
This Agreement is governed by the laws of the State of Florida, without regard to its "choice of law" provisions. The parties agree that any dispute that cannot be settled by good faith negotiation shall be submitted to arbitration in accordance with the rules of the American Arbitration Association. The location of the arbitration shall be Melbourne, Florida. The arbitration shall be conducted by a single arbitrator with experience in computer/technology matters and in the publishing industry. The decision of the arbitrator shall be legally binding, shall not be subject to appeal, and shall be enforceable in any court of competent jurisdiction.
Except for payments due, if anything happens that is beyond reasonable control of either party (wars, sabotage, riots, labor disturbance, failure or delay of transportation, terrorist act, severe weather, natural disaster, act of God, etc.), then delays will be expected and performance may be excused. EPETHICS and its subcontractors or suppliers shall not be liable for any delay caused by the occurrence of such event beyond their reasonable control.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venturer of the other party for any purpose whatsoever.
TermThis Agreement is effective until terminated. EPETHICS may terminate or suspend this Agreement immediately for any reason and without prior notice to you. If you choose to terminate your Membership, the terms of this Agreement regarding any Content you have uploaded remain applicable. All provisions of this Agreement relating to payment, commissions, service fees, disclaimers, limitations of liability, indemnification, confidentiality, and proprietary rights shall survive termination.
Agreement and AmendmentsBy completing the registration process and using the Site, you are confirming that you have the full power and authority to enter into and perform in accordance with the terms of this Agreement. You also agree that this Agreement is a legal, valid and binding obligation, and that its terms and conditions can be enforced. We encourage you to print and keep a copy for reference.
EPETHICS may change the terms in this Agreement from time to time. When the terms are changed, EPETHICS will make a posting on the Site regarding the change. You agree to review the terms of this Agreement from time to time. If you do not agree to be bound by any future changes, you should promptly notify EPETHICS and discontinue your use of the Site. If you use the Site after EPETHICS has posted a change to these terms on the Site, you are agreeing to be bound by all of the changes.
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