Terms and Conditions This policy is effective as of November 21, 2009.
AGREEMENT BETWEEN USER AND eMantran Software
"eMantran.com" is comprised of various
Web pages operated by eMantran Software located at http://www.eMantran.com software.com
and http://www.eMantran.com. eMantran is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of eMantran constitutes your agreement to all such terms, conditions, and notices.
When you create an account at eMantran , you accept these terms and conditions.
LINKS TO THIRD PARTY SITES
eMantran may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of eMantran Software and eMantran
Software is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a Linked
Site. eMantran Software is not responsible for webcasting or any other form of transmission
received from any Linked Site. eMantran Software is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement
by eMantran Software of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the eMantran Web Site,
you warrant to eMantran Software that you will not use eMantran for any purpose
that is unlawful or prohibited by these terms, conditions, and notices. You may
not use eMantran in any manner which could damage, disable, overburden, or impair
eMantran Software or interfere with any other party's use and enjoyment of eMantran
. You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through eMantran .
USER CONDUCT
eMantran.com reserves the right, but does not assume the responsibility,
to monitor or review your conduct on eMantran . Your use of eMantran is subject
to all applicable local, state, national and international laws and regulations.
In using eMantran you agree not to: Post, transmit, or otherwise make available,
through or in connection with eMantran : Anything that is or may be (a) unlawful,
threatening, harassing, degrading, abusive, hateful or intimidating; (b) defamatory;
libelous or invasive of another's privacy; (c) fraudulent or tortious; (d) vulgar,
obscene, indecent, sexually explicit, pornographic or otherwise objectionable; or
(e) protected by copyright, trademark, trade secret, right of publicity or other
proprietary right without the express prior consent of the owner of such right.
Any material that would give rise to criminal or civil liability; that encourages
conduct that constitutes a criminal offense, including prostitution; or that encourages
or provides instructional information about illegal activities or activities such
as "hacking," "cracking," or "phreaking." Any virus, worm, Trojan Horse, easter
egg, time bomb, spyware, cancelbot, or other computer code, file, or program that
is harmful or invasive or that may or is intended to damage or hijack the operation
of, or to monitor the use of, any hardware, software or equipment. Any unsolicited
or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter,"
"pyramid scheme", survey, contest, or investment opportunity, or any other form
of solicitation, or use any distribution lists including any person who has not
given specific permission to be included in such a process (commercial or otherwise).
Any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene,
sexually explicit, or otherwise objectionable material of any kind or nature; Any
Materials that you do not have a right to transmit under any law or under contractual
or fiduciary relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under nondisclosure
agreements). Impersonate any person or entity, including without limitation any
of our officials, forum leaders, guides or hosts; falsely state or otherwise misrepresent
your affiliation with any person or entity; or express or imply that we endorse
any statement you make. Interfere with or disrupt the operation of eMantran or the
servers or networks used to make eMantran available; or violate any requirements,
procedures, policies or regulations of such networks. Use eMantran to distribute
or otherwise publish any material containing any solicitation of funds, promotion,
advertising, or solicitation for goods or services without our express prior written
consent; or use eMantran in a commercial manner. Attempt to gain unauthorized access
to eMantran , other accounts, computer systems or networks connected to eMantran
, through password mining or any other means. Use any robot, spider, site search/retrieval
application or other manual or automatic device to retrieve, index, "scrape," "data
mine" or in any way gather Content or Materials from eMantran or reproduce or circumvent
the navigational structure or presentation of eMantran . Engage in any other conduct
which, in eMantran 's sole discretion, is considered inappropriate, unauthorized
or objectionable.
NO SPAMMING
You agree not use any feature of eMantran for chain letters, junk mail,
or "Spamming" nor make any use of the distribution lists in a manner involving any
person who has not given specific permission to be included in such a process. An
e-mail advertisement which is (a) addressed to a recipient with whom you do not
have an existing business or personal relationship and (b) is not sent at the request
of or with the express consent of the recipient to receive such communications from
you ("Spam" or "Spamming") is strictly prohibited by eMantran . If you use any feature
of eMantran for the purpose of sending Spam, your right to use eMantran immediately
terminates and eMantran reserves the right to seek appropriate legal recourse, as
necessary. You agree that eMantran may, at its sole discretion, immediately remove
any communications that it reasonably believes constitutes "Spamming," including
removal of any contact information related thereto. If you believe that other users
are using eMantran for Spam, please notify eMantran using the Feedback/Support link
at the bottom of our page, or by emailing eMantran at support@eMantran software.com.
Please note that by posting a public event you are consenting to receive, and authorizing
eMantran to forward to you, emails from other users. Such messages are not included
in the above definition of Spam.
USE OF COMMUNICATION SERVICES
eMantran.com may contain message board services, chat
areas, news groups, forums, communities, personal web pages, and/or other message
or communication facilities designed to enable you to communicate with the public
at large or with a group (collectively, "Communication Services"), you agree to
use the Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. eMantran Software
has no obligation to monitor the Communication Services. However, eMantran Software
reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. eMantran Software reserves the right
to terminate your access to any or all of the Communication Services at any time
without notice for any reason whatsoever. eMantran Software reserves the right at
all times to disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in part, in eMantran Software's
sole discretion. MATERIALS PROVIDED TO eMantran Software OR POSTED AT ANY eMantran
Software WEB SITE eMantran Software does not claim ownership of the materials you
provide to eMantran Software (including feedback and suggestions) or post, upload,
input or submit to eMantran or its associated services (collectively "Submissions").
However, by posting, uploading, inputting, providing or submitting your Submission
you are granting eMantran Software, its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their Internet
businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission. No compensation
will be paid with respect to the use of your Submission, as provided herein. eMantran
Software is under no obligation to post or use any Submission you may provide and
may remove any Submission at any time in eMantran Software's sole discretion. By
posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
INDEMNITY
You agree to indemnify and hold harmless eMantran Software, Inc, and its
subsidiaries, affiliates, officers, agents, or other partners, and employees, from
any claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your use of and access to eMantran Plus or eMantran Premium,
your violation of the TOS, your violation of any rights of another person or entity,
or your violation of any applicable laws or regulations.
APPLICABLE LAW
By visiting http://www.eMantran.com you agree to submit to the personal
and exclusive jurisdiction of the courts of Middlesex County, Massachusetts.
LIABILITY DISCLAIMER
eMantran.com AND THE eMantran Software COLLECTION OF WEBSITE SERVICES
AND CONTENT ARE PROVIDED "AS-IS" WITHOUT EXCEPTION. THE INFORMATION, SOFTWARE, PRODUCTS,
AND SERVICES INCLUDED IN OR AVAILABLE THROUGH eMantran MAY INCLUDE INACCURACIES
OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
eMantran Software AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO eMantran
AT ANY TIME. eMantran Software AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON eMantran FOR ANY
PURPOSE. eMantran Software AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, IN NO EVENT SHALL eMantran Software AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
eMantran , WITH THE DELAY OR INABILITY TO USE eMantran OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH eMantran , OR OTHERWISE ARISING OUT
OF THE USE OF eMantran , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF eMantran Software OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF eMantran , OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING eMantran .
TERMINATION/ACCESS RESTRICTION
eMantran.com reserves the right, in its sole
discretion, to terminate your access to eMantran and the related services or any
portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws the laws of the Commonwealth of Massachusetts,
United States of America, without regard to its conflict of law provisions. You
agree any action at law, or in equity arising out of, or relating to these Terms
and Conditions shall be filed only in the state or federal courts in Suffolk County,
Boston, Massachusetts, United States of America in all disputes arising out of or
relating to the use of eMantran . Use of eMantran is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and eMantran Software as a
result of this agreement or use of eMantran . eMantran Software's performance of
this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of eMantran Software's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of eMantran
or information provided to or gathered by eMantran Software with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and eMantran Software with respect to eMantran and it
supersedes all prior or contemporaneous communications and proposals, whether electronic,
oral or written, between the user and eMantran Software with respect to eMantran
. A printed version of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative proceedings based upon or relating
to this agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents
be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of eMantran are copyright 2009, eMantran
Software and/or its suppliers. All rights reserved. The names of actual companies
and products mentioned on eMantran may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
MODIFICATION OF THESE TERMS OF USE
eMantran Software reserves the right to change
the terms, conditions, and notices under which eMantran is offered. The effective
date will be posted at the top of this agreement if any changes are made to the
agreement.
CONTACT
info@emantran.com