b) Authentication data
You access ERC® by providing ERC®’s reference number and last four digits of your Social Security Number. You agree that you will immediately notify ERC® of any unauthorized use of your data or account, or any other breach of security and that you will log off of the software at the end of each session to prevent fraud on your account by third parties.
By uploading files, inputting data, or engaging in any other form of communication (a “Communication”) through the Site, you are granting ERC® a royalty-free, irrevocable, perpetual, non-exclusive, unrestricted, worldwide license to:
Communications posted through the Site are provided by users such as you who are unaffiliated with ERC®, and the user providing each such Communication is solely responsible for the content thereof. This means that you, and not ERC®, are entirely responsible for all Communications that you upload, post, email or otherwise transmit via the Site. In using the Site or receiving e-mail messages from ERC®, you should not assume that such messages have been reviewed by ERC®, that such Communications contain correct information, or that the persons posting such Communications have accurately identified themselves and/or their affiliation with any third party. You understand that by using the Site, you may be exposed to Communications that are offensive, indecent, or objectionable. Under no circumstances will ERC® be liable in any way for any Communication, including, but not limited to: liability for any errors or omissions in any Communication, or for any loss or damage of any kind incurred as a result of the use of any Communication posted, e-mailed, or otherwise transmitted via the Service.
When using the Site, please be certain that anything you say does not compromise your personal safety. Do not provide your name, phone number, postal or e-mail address, your password, or any other personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable.
ERC® is pleased to hear from users and welcomes your comments regarding ERC® Site, programs and software. ERC® welcomes creative ideas, suggestions, or materials. Accordingly, we value your feedback, If you send submissions, suggestions, ideas, notes, concepts or other materials (collectively, “Comments”), they shall be deemed, and shall remain, the property of ERC®, and shall otherwise be subject to the provisions below. You represent and warrant that you are authorized to grant all rights in the Comments to ERC®. Disclosure, submission, or offer of any Comments shall constitute an assignment to ERC® of all worldwide rights, titles, and interests in all copyrights and other intellectual property rights in such Comments. ERC® may edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to ERC® and will own exclusively all such rights, titles, and interest and shall not be limited in any way in its use, commercial or otherwise, of the Comments. ERC® is and shall be under no obligation to: (1) maintain any user’s Comments in confidence; (2) to pay to any user any compensation for any Comments; or (3) to respond to any user’s Comments.
ERC® may disclose personally identifiable information (i) to a third party pursuant to a subpoena, court order, or other form of legal process or in response to a request by or on behalf of any local, state, federal, or other governmental agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or (ii) to another entity with which ERC® enters, or reasonably may enter, into a corporate
transaction such as a merger, consolidation, acquisition, or asset purchase, or (iii) to a third party if determined by ERC® in its sole judgment that such disclosure is appropriate to protect the life, health, or property of ERC® or any other person or entity. (The foregoing is not intended to obviate or displace any legal obligations or duties applicable to ERC® and (iv) as determined by ERC® to be necessary to ERC® to fulfill the purpose for which the information was provided).
ERC® may utilize website tuning or analytics tools or cookies which track pages viewed, IP Address, Date and Time, or other information necessary for ERC® to maintain proper functionality of the aforementioned websites and to assist with website improvements. Use of analytics is at the sole discretion of ERC®. You may choose to disable cookie usage via your browser; however, doing so may impact the usage of the website. ERC® collects and stores the e-mail addresses of users that communicate with ERC® via e-mail or websites and sub-domains as well as information knowingly provided by website or email users
ERC® HAS PROVIDED LINKS AND POINTERS TO INTERNET SITES MAINTAINED BY THIRD PARTIES (“THIRD PARTY SITES”) AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON THE SERVICE. NEITHER ERC®, ITS PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES ON THESE THIRD PARTY SITES. THE SERVICE, THE MATERIALS AND PRODUCTS AVAILABLE IN OR ACCESSIBLE THROUGH THE SERVICE, AND THE THIRD PARTY SITES ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ERC® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING. ERC® DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN SUCH MATERIALS AND PRODUCTS, OR IN THE SERVICE, WILL BE UNINTERRUPTED OR ERROR-FREE, WILL BE AVAILABLE FOR USE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, INCLUDING THE STORAGE SERVICES AND THEIR CONTENTS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ERC® DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE MATERIALS IN THE SERVICE OR IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR OTHERWISE. You assume all risk of errors and/or omissions, including the transmission or translation of information. You assume full responsibility for implementing sufficient procedures and checks to satisfy your requirements for the accuracy and suitability of the Site, including the information, and for maintaining any means that you may require for the reconstruction of lost data or subsequent manipulations or analyses of the information provided hereunder. You acknowledge and agree that your use of the Site, and any information sent or received in connection with same, may not be secure and may be intercepted by unauthorized parties. YOU ASSUME RESPONSIBILITY FOR THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY.
IN NO EVENT SHALL ERC®, ITS PARENT OR SUBSIDIARY COMPANIES OR ITS AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ADVERTISED IN OR OBTAINED THROUGH THE SERVICE, ERC® ‘S REMOVAL OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON ITS SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ERC® OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ERC®, ITS PARENT OR SUBSIDIARY COMPANIES, AFFILIATES OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
ERC®, the ERC® logo, are trademarks of Enhanced Recovery Company, LLC and all other trademarks, service marks and trade names used on the Site are the property of their respective owners, and all of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of ERC® or the owner of such trademark, service mark or trade name.
Pursuant to 47 U.S.C. Section 230(d) as amended, ERC® hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. ERC®’s Web sites are not intended for anyone under the age of 18.
ERC®, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use the Service if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. ERC® accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), ERC® has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to ERC® in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement:
By mail: ERC® c/o Compliance Officer
8014 Bayberry Road
Jacksonville, FL 32256
By e-mail: firstname.lastname@example.org
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:
ERC® reserves the right, in its sole discretion, to amend this Agreement, and to modify, add or discontinue any aspect, content, or feature of the Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Site, via e-mail or any other reasonable means. Continued use of the Site by you shall constitute your binding acceptance of any such amendments, modifications, additions or deletions.
Information, unless otherwise specified, on the Site are presented solely to provide information regarding and to promote Site and other products available in the United States, its territories, possessions and protectorates. The Site is controlled and operated by ERC® from its office and from such locations as ERC® elects. ERC® makes no representation that materials on the Site are appropriate or available for use outside the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Service may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. Although you acknowledge that we will have the ability to enforce
our rights in any court of competent jurisdiction, you hereby consent to the exclusive jurisdiction and venue of courts in FL, U.S.A., regarding any and all disputes relating to this Agreement or your use of the Service. You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Agreement are material terms of this Agreement and that they have been taken into account in the decision by ERC® to provide the Service hereunder. You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of ERC®. Any assignment of the foregoing other then as provided for in this section shall be null and void. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions. This Agreement and any posted operating rules constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or access to the Service. The titles and subtitles used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
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