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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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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:
Brent Fairbanks
Electronic and Computer Specialties, Inc.
2462 N Glassell St.
Orange, Ca 92865
phone: (714) 282-6400
fax: (714) 282-0720
e-mail: E-Mail Us Here
The Notification of Claimed Copyright Infringement must include
the following information:
- A physical or electronic signature of a person authorized to act
on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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:
- The infringing material will be removed or access to it will be
disabled.
- 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:
- A physical or electronic signature of the subscriber;
- 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;
- 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
- 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
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