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Terms of Use

Welcome to EcsNow.com. EcsNow.com provides its services to you, the user, subject to the following notices, terms, and conditions ("Terms of Use"). EcsNow.com is owned and operated by Electronic and Computer Specialties, Inc. When applicable under the circumstances, references to EcsNow.com shall be deemed references to Electronic and Computer Specialties, Inc.

  1. Acceptance. Use of EcsNow.com's Site is subject to the following Terms of Use. Please read the Terms of Use carefully before using any of EcsNow.com's Site or services, as your use of EcsNow.com's Site or services signifies your assent to be bound by these terms.
  2. Privacy. All information gathered from you in connection with your use of EcsNow.com's Site will be governed by these Terms of Use and EcsNow.com's Privacy Policy.
  3. Submission of Content. You understand that all reviews, opinions, news articles, directories, guides, text, photographs, illustrations, graphics, logos, audio clips, and images, information, data, graphics, software, messages or other materials (collectively, "Content") appearing on or submitted to EcsNow.com's Site is the responsibility of the person or entity originating such Content. By submitting Content to EcsNow.com's Site ("User's Content"), you warrant that: (a) you are the owner of such User's Content, or have been granted all the rights necessary from the User's Content owner to submit such User's Content to EcsNow.com's Site, and (b) the use of such User's Content by EcsNow.com's Site will not infringe the intellectual property rights of or otherwise violate the rights of any third party. By submitting User's Content to EcsNow.com's Site, you automatically grant to EcsNow.com (or warrant that the User's Content owner has granted to EcsNow.com), a nonexclusive, royalty-free license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer, or sell any such User's Content, for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you or the third party.
  4. Copyright, Restrictions on Use. All Content contained in EcsNow.com's Site is protected by copyrights, trademarks, service marks, patents, or other intellectual property and proprietary rights and laws, and is owned by EcsNow.com, its licensors, or third parties whether or not indicated ("Site Content"). You acknowledge that EcsNow.com's Sites and any underlying technology used in connection with its Sites contain proprietary and confidential information of EcsNow.com, its licensors, or third parties. You may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, except as licensed herein, or in any manner commercially exploit any part of EcsNow.com's Site. You must abide by all copyright notices, information, or restrictions contained in or attached to any Site Content or portion of EcsNow.com's Site.
  5. License. EcsNow.com hereby grants to you a non-exclusive nontransferable license to use EcsNow.com's Site and the information contained therein for noncommercial use only. The license will not terminate so long as you, the Licensee, comply with the Terms of Use of this Agreement.
  6. Trademarks. EcsNow.com is a service mark of Electronic and Computer Specialties, Inc. All rights reserved. This and other EcsNow.com service marks, trademarks, logos, and trade names may not be used without the prior written consent of EcsNow.com. Third party trademarks, service marks, logos, and trade names appearing on EcsNow.com's Site are the property of their respective owners.
  7. Changes to EcsNow.com's Site or Terms of Use. EcsNow.com may modify, suspend or discontinue any portion or service of EcsNow.com's Site at any time, with or without notice. This Site is currently accessible to users without charge, however EcsNow.com reserves the right to charge for one or more portions of its Site in the future. (EcsNow.com will notify you of any fees associated with any portion of its Site, and require you to subscribe to such portion of those Sites, prior to charging you any fees.) EcsNow.com reserves the right to modify the Terms of Use at any time. Any modifications shall be effective upon the posting by EcsNow.com of the modified Terms of Use. You agree to review these Terms of Use periodically so that you are aware of any modifications. Your continued use of EcsNow.com's Site shall be deemed your acceptance of the modified Terms of Use. You agree that the above-listed standard for notice of changes is reasonable.
  8. Inappropriate Posting or Transmission. You are prohibited from posting on or transmitting through EcsNow.com's Site, without limitation, any unlawful, threatening, harassing, damaging, abusive, defamatory, obscene, racially, ethnically discriminatory, or otherwise inappropriate material. You are prohibited from posting on or transmitting through EcsNow.com's Site any material that would constitute or promote a criminal or civil offense, or otherwise violate any local, state, national or international law. EcsNow.com, however, does not ensure removal of inappropriate Content after posting. Neither EcsNow.com nor its officers, directors, shareholders, employees, agents, or affiliates assume liability for any action or inaction with respect to conduct or Content posted on or transmitted through any of EcsNow.com's Site.
  9. Failure to Comply with Terms of Use. You acknowledge and agree that EcsNow.com may suspend or terminate your use of all or part of its Site and/or deny you access to all or part of its Site, without prior notice, if you engage in any conduct that EcsNow.com believes, in its sole discretion: (a) violates any term or provision of the Terms of Use, (b) violates any rights of EcsNow.com or third parties, (c) or is otherwise inappropriate for continued access and use of EcsNow.com's Site. In addition, EcsNow.com reserves the right to terminate inactive membership accounts. You agree that upon termination for any reason, EcsNow.com may delete all information related to your account and may bar your access to your account and EcsNow.com's Site.
  10. Termination. You may discontinue your participation in and access to EcsNow.com's Site at any time. The Terms of Use will continue to apply to all past use of EcsNow.com's Site by you even if you are no longer using those Sites.
  11. Links. EcsNow.com's Site may contain advertisements and links to web sites operated by third parties. EcsNow.com is not responsible for the Content of those web sites or for your transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement of the material on such web sites by EcsNow.com.
  12. Disclaimer. ECSNOW.COM'S SITES ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ECSNOW.COM AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH ECSNOW.COM'S SITE AND THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ECSNOW.COM DOES NOT WARRANT, OR MAKE ANY REPRESENTATIONS REGARDING THE QUALITY OR MERCHANTABILITY OF ANY PRODUCTS OR SERVICES OFFERED, REVIEWED, AVAILABLE, OR ADVERTISED THROUGH ITS SITES. IN ADDITION, ALTHOUGH ECSNOW.COM INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO ITS SITE, ECSNOW.COM DOES NOT WARRANT THAT ITS SITE OR CONTENT CONTAINED IN ITS SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH ITS SITES ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. ECSNOW.COM DISCLAIMS ALL LIABILITY FOR AND NO WARRANTY IS MADE WITH RESPECT TO TELEPHONE SERVICE, INCLUDING COVERAGE, RANGE OR ANY INTERRUPTION IN TELEPHONE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  13. Limitation of Liability. YOU UNDERSTAND THAT IN NO EVENT WILL ECSNOW.COM OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE ECSNOW.COM'S SITE, (II) YOUR RELIANCE ON ANY CONTENT, OR (III) ANY GOODS OR SERVICES ADVERTISED ON ECSNOW.COM'S SITES; EVEN IF ECSNOW.COM OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, ECSNOW.COM DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS OR "HACKERS") OF ITS SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
  14. Sites Information Disclaimer. Information provided on EcsNow.com's Site is for entertainment purposes only. Because EcsNow.com cannot anticipate all issues related to your specific situation or project, the information on its Site is not a substitute for professional advice and does not constitute professional advice for your projects' purposes. EcsNow.com's Site must not be your sole source of information. You must perform independent research, understand your projects' specific requirements and safety issues, and seek expert advice from trained and/or licensed professionals before acting on the topics addressed in EcsNow.com's Site. Reliance on any information in EcsNow.com's Site is done at your own risk.
  15. Indemnification. You agree to indemnify, defend and hold harmless EcsNow.com and its affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the Terms of Use, your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable law.
  16. Applicable Law. These Terms of Use shall be governed by and construed in accordance with the procedural and substantive laws of the State of California, without giving effect to its conflict of laws provisions.
  17. Procedure for Making Claims of Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow EcsNow.com's Procedure for Making Claims of Copyright Infringement.
  18. Miscellaneous. These Terms of Use together with EcsNow.com's Privacy Policy constitute the entire agreement between you and EcsNow.com with respect to its Site, and the Terms of Use and Privacy Policy replace all prior or contemporaneous understandings or agreements, written or oral, regarding EcsNow.com's Site. If any provision of the Terms of Use or Privacy Policy is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms of Use and Privacy Policy shall remain in full force and effect. The failure by EcsNow.com to insist upon or enforce strict performance of any provision of the Terms of Use or Privacy Policy will not be construed as a waiver of any provision or right of EcsNow.com. The Terms of Use and Privacy Policy will inure to the benefit of EcsNow.com and its successors and assigns.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

In accordance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512, EcsNow.com has adopted the following policy toward copyright infringements:

EcsNow.com will disable access to and/or remove any material that it believes in good faith to be infringed copyright material or that is claimed to be infringed copyright material pursuant to the following procedure for making claims of copyright infringement.

EcsNow.com has adopted the following procedure for making claims of copyright infringement:

Submit a written Notification of Claimed Copyright Infringement to the following Designated Agent for EcsNow.com:

Electronic and Computer Specialties, Inc.
Attn: Brent Fairbanks
2462 N Glassell St.
Orange, Ca 92865
phone: (714) 282-6400
-mail: E-Mail Us Here

The Notification of Claimed Copyright Infringement must include the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once a written notification with the above information is received, the following action will be taken:

  1. The infringing material will be removed or access to it will be disabled.
  2. The infringing user will then be promptly notified of the situation.

The user may supply a counter notification to reinstate the material. The counter notification must be in writing, must be provided to EcsNow.com's Designated Agent, and must include the following information:

  1. A physical or electronic signature of the subscriber;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
  4. The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification of claimed copyright infringement or an agent of such person.

If this counter notification is received by the EcsNow.com Designated Agent, a copy of the counter notification will be promptly sent to the original complaining party. The original complaining party will be informed that the claimed infringing material will be replaced or access to it will be restored in 10 business days.

EcsNow.com will replace the removed material or will restore access to the material within 10 to 14 business days following receipt of the counter notification unless EcsNow.com's Designated Agent is notified by the original complaining party that an action has been filed seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider's system or network.

EcsNow.com's policy concerning termination of repeat offenders.

In the case of first-time offenders, the infringing material will be removed or access to the infringing material will be disabled.

To the extent possible by EcsNow.com's technology, repeat offenders will be removed and permanently denied access to EcsNow.com's Site.

CONTACT US

If you have any questions, please feel free to e-mail EcsNow.com at This location


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Electronic and Computer Specialties, Inc.

2462 N Glassell St - Orange, California 92865

Phone: (714) 282-6400 - E-Mail

© 2014 Electronic and Computer Specialties, Inc.

 

Modified 03/31/2012