Introduction:
By visiting www.eCedent.com you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that eCedent's Web site is safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site. Copyright © 2002 eCedent. All other rights reserved.
Legal Notice and Disclaimer:
eCedent obtains all information, downloadable files and software contained herein from sources believed by eCedent to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, eCedent shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the eCedent Web site. eCedent makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the eCedent Web site. Information and software may be changed at any time without notice of any kind. The information and software on this site are provided "as is" without expressed or implied warranty of any kind. eCedent disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall eCedent be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on eCedent's Web site. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by eCedent's authorized representatives, and shall be governed by the laws of the state of Pennsylvania.
Links to Third Party Sites:
The links to third parties contained within this Web site will allow you to leave eCedent's site. The sites that are linked to eCedent's site are not under the control of eCedent. eCedent is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. eCedent provides these links only as a convenience to you, the user of the Web site; and the inclusion of any link does not imply endorsement by eCedent of the linked site.
Any rights not expressly granted by eCedent herein are expressly reserved.
eCedent Web Site Terms of Use
Acceptance of Terms of Use www.eCedent.com:
The access to eCedent site is provided free of charge to you by eCedent under these Terms of Use. Although portions of eCedent's site may be viewed simply by visiting the site, in order to receive additional services from eCedent you may need to sign on as a guest or register as a member of eCedent's site. If you sign on to eCedent's site as a guest or if you register as a member of eCedent's site community, these Terms of Use will govern your use of eCedent's site, including access to message boards and other features.
BY SIGNING ON TO eCedent'S SITE AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME.
These Terms of Use govern your use of eCedent's site and all services provided in connection with eCedent's site. eCedent shall not be liable to you for any breach of these Terms of Use. In addition, eCedent does not bear any fiduciary responsibility to any user of this Web site. If you do not agree to these Terms of Use, please do not register for or enter eCedent's site. The Terms of Use for your continued use of eCedent's site will be posted on the eCedent site. Please check this area before using eCedent's site to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with eCedent's site immediately (i) by notifying eCedent of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of eCedent's site. Your continued use of eCedent's site shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein.
From time to time eCedent may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on eCedent's site to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use.
Registration Information/Privacy Policy Collection of Personal Information
When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, eCedent may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, eCedent may require that you provide certain personal information, such as your name, mailing address, email address, and other personal identifying information.
eCedent collects this information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act.
If you would like your name deactivated from eCedent's lists, or if you would like to unsubscribe from eCedent's email bulletins, please use the contact information below to request that eCedent deactivate you from its lists. Be sure to include your name, postal address, telephone number, information contained in your eCedent mailer, and/or other necessary information needed for deactivation.
eCedent will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.
Use of Cookies
When you visit www.eCedent.com, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, we use "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.)
While eCedent uses cookies to track your visit to www.eCedent.com, and our Web servers automatically log the IP/internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided eCedent with personal information.
Please note that eCedent is not responsible for the content or privacy practices of non-eCedent Web sites to which www.eCedent.com may link.
Users may send email to us at support@eCedent.com with any further questions.
eCedent CONTACT INFORMATION:
Attn: eCedent - Web site Privacy
eCedent.com
625 Kolter Drive
Indiana, PA 15701
Telephone: 1.866.472.0367
email: support@eCedent.com
Modifications of these Terms of Use
eCedent may modify these Terms of Use from time to time at its sole discretion. Each time you log on to eCedent's site, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with eCedent's site immediately (i) by notifying eCedent of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of eCedent's site.
Modifications of the eCedent Site
eCedent may modify or discontinue eCedent's site with or without notice to you and without liability to you or to any third party.
Content of Messages
You also agree not to use eCedent's site to send or post on message boards or any place on eCedent's site, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. eCedent reserves the right to delete any such material from eCedent's site. eCedent will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section 5. You agree not to post or use eCedent's site to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) eCedent permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to eCedent's site, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on eCedent's site rests with you. You acknowledge that eCedent may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
Third Party Services
Special routing icons may be included within eCedent's site, the activation of which will allow you to access and learn more about eCedent and other services provided by eCedent or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.
Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF eCedent'S SITE IS AT YOUR SOLE RISK. eCedent'S SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eCedent EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. eCedent MAKES NO WARRANTY THAT eCedent'S SITE WILL MEET YOUR REQUIREMENTS, OR THAT eCedent'S SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES eCedent MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF eCedent'S SITE. eCedent WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF eCedent'S SITE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF eCedent'S SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT eCedent DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH eCedent'S SITE. eCedent IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER eCedent NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN eCedent'S SITE, ARE ENGAGED IN RENDERING LEGAL, BUSINESS, INVESTING, COUNSELING OR OTHER ADVISORY SERVICES. eCedent ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM THAT YOU MAY HAVE.
eCedent SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THIS SERVICE AREA. YOUR PARTICIPATION IN eCedent'S SITE IS ENTIRELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eCedent OR THROUGH eCedent'S SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
eCedent MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH eCedent'S SITE OR ANY TRANSACTIONS ENTERED INTO THROUGH eCedent'S SITE.
eCedent IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE eCedent'S SITE. AS A CONVENIENCE TO eCedent'S USERS, eCedent MAY PROVIDE LINKS TO RESOURCES THAT ARE BEYOND eCedent'S CONTROL. eCedent MAKES NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH eCedent MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST eCedent WITH RESPECT TO SUCH SITES.
Limitation of Liability
eCedent SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE eCedent'S SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH eCedent'S SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF eCedent HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Promotional Messages
eCedent may, from time to time, send email messages to you containing advertisements, promotions, etc. eCedent makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from eCedent, and you agree that eCedent shall not have any liability with respect thereto.
Indemnification
You agree to indemnify and hold each officer and/or employee of eCedent, its parent companies, subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of eCedent's site, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Pennsylvania State and U.S. Federal courts sitting in the County of Allegheny or, the Pennsylvanis State and U.S. Federal courts having within their jurisdiction the location of eCedent's principal place of business. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.
Remedies for Breach of these Terms by You
In the event that eCedent determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of eCedent's site, eCedent reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to eCedent's site, (iii) delete all content provided by you to eCedent's site, (iv) discontinue your registration with eCedent's site and/or any other eCedent community; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which eCedent deems to be appropriate.
Miscellaneous
In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
eCedent may assign its rights and obligations under these Terms of Use and upon such assignment eCedent may be relieved of any further obligation hereunder.
You represent to eCedent that you have the authority to register with eCedent's site according to these Terms of Use.
These Terms of Use and any Additional Terms (as such terms shall be identified when posted on eCedent's site by eCedent) constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of eCedent, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable.