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Sections: NOTWITHSTANDING, BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
ePaiges Design Group, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the ePaiges Design Group, LLC website. Your continued use of services following ePaiges Design Group, LLC 's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1.1 Term
This Agreement shall be for an "Initial Term" as chosen by you on the initial contract at the time you register for the Services. This Agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide ePaiges Design Group, LLC with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. A notice of termination can be submitted via email to billing@epaiges.com or by snail-mail to ePaiges Design Group, LLC, 10968 Woodring Dr., Mather, CA 95655.
1.2 Termination Policy
If you terminate your receipt of the Services prior to the end of
the Initial Term or the Renewal Term, whichever is then applicable,
(a) ePaiges Design Group, LLC will not refund to you any fees paid in
advance of such termination and (b) you shall be required to pay
100% of ePaiges Design Group, LLC's standard monthly charge for each
month remaining in the term, unless otherwise expressly provided in
this Agreement. Notwithstanding the foregoing, if you terminate your
receipt of Shared Hosting Services prior to the end of the first
thirty (30) days of the Initial Term, you are entitled to a refund
of the fees you paid in advance for the monthly Services, not
including any setup fees. Your termination request or notice must be
submitted to ePaiges Design Group, LLC in the manner described in Section
1.1. ePaiges Design Group, LLC may terminate this Agreement at any time
and for any reason by providing to you written notice thirty (30)
days prior to the date of termination. If you terminate this agreement, ePaiges will not refund any pre-paid services. If ePaiges Design Group, LLC
terminates this Agreement, ePaiges Design Group, LLC will refund to you
the pro-rata portion of prepaid fees attributable to Services
(excluding setup fees) not yet rendered as of the termination date
unless otherwise expressly provided in this Agreement.
1.3 Default and Cure
In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
1.4 Charges
You agree to pay for all charges attributable to your use of the Services at the then current ePaiges Design Group, LLC prices, which shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed with respect to the Services, other than taxes based on ePaiges Design Group, LLC's net income.
1.5 Invoices & Payments
All services require a deposit. All Web Hosting and/or Web Maintenance payments are required in advance of service.
ePaiges Design Group, LLC may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. You agree to pay to ePaiges Design Group, LLC the amount indicated in each invoice by the due date reflected on that invoice.
All prepaid services are non-refundable. This includes, but is not limited to:
All invoices are sent via email with a PDF attachment to the contact/billing email address supplied at the initial contract. As a courtesy, we may send a hardcopy of the invoice via USPS. It is the clients responsibility to ensure the billing email address and mailing address are current.
1.6 Delinquent Accounts
Your account will be considered delinquent after five (5) days from the invoice due date. ePaiges Design Group, LLC reserves the right to remove web pages from viewing on the internet and/or suspend all services provided by ePaiges Design Group, LLC until account is made current. Your web site will be deactivated and replaced with a web page stating, "The website is undergoing routine maintenance."
Accounts with delinquent balances will be assessed a $35 late
payment if payment is not received by original due date. If an
amount remains delinquent 30 days after it's due date an additional
5% penalty will be added for each month of delinquency.
Any such suspension of the Services does not relieve you from paying past due fees. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys' fees, court costs and collection agency fees.
2.1 Applicable Use Policy
ePaiges Design Group, LLC's Acceptable Use Policy (the "Usage Policy") govern the general policies and procedures for use of the Services. The Usage Policy is posted on ePaiges Design Group, LLC's Web site (or such other location as ePaiges Design Group, LLC may specify) and may be updated from time-to-time.
YOU SHOULD CAREFULLY READ THE USAGE POLICY. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE USAGE POLICY AND ANY MODIFICATIONS. ePaiges Design Group, LLC RESERVES THE RIGHT TO TERMINATE YOUR ACCOUNT FOR ANY VIOLATION OF THE USAGE POLICY OR THIS AGREEMENT.
2.2 Material and Product Requirements
Unless we have agreed otherwise in a separate agreement, you must ensure that all material and data placed on ePaiges Design Group, LLC's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ePaiges Design Group, LLC. ePaiges Design Group, LLC will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ePaiges Design Group, LLC has the option at any time to reject this material. ePaiges Design Group, LLC will notify you of its refusal of the material and afford you the opportunity to amend or modify the material to satisfy the needs and/or requirements of ePaiges Design Group, LLC . Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. It is not ePaiges Design Group, LLC 's responsibility to provide this knowledge or customer support outside of the Services agreed to by you and ePaiges Design Group, LLC .
2.3 Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges.
3.1 Investigation of Violations
ePaiges Design Group, LLC may investigate any reported or suspected violation of this Agreement, its policies or any complaints and take any action that it deems appropriate and reasonable under the circumstance to protect its systems, facilities, customers and/or third parties. ePaiges Design Group, LLC will not access or review the contents of any e-mail or similar stored electronic communications except as required or permitted by applicable law or legal process.
3.2 Actions
ePaiges Design Group, LLC reserves the right and has absolute discretion to restrict or remove from its servers any content that violates this Agreement or related policies or guidelines, or is otherwise objectionable or potentially infringing on any third party's rights or potentially in violation of any laws. If we become aware of any possible violation by you of this Agreement, any related policies or guidelines, third party rights or laws, ePaiges Design Group, LLC may immediately take corrective action, including, but not limited to, (a) issuing warnings, (b) suspending or terminating the Service, (c) restricting or prohibiting any and all uses of content hosted on ePaiges Design Group, LLC 's systems, and/or (d) disabling or removing any hypertext links to third party Web sites, any of your content distributed or made available for distribution via the Services, or other content not supplied by ePaiges Design Group, LLC which, in ePaiges Design Group, LLC 's sole discretion, may violate or infringe any law or third-party rights or which otherwise exposes or potentially exposes ePaiges Design Group, LLC to civil or criminal liability or public ridicule. It is ePaiges Design Group, LLC 's policy to terminate repeat infringers. ePaiges Design Group, LLC's right to take corrective action, however, does not obligate us to monitor or exert editorial control over the information made available for distribution via the Services. If ePaiges Design Group, LLC takes corrective action due to such possible violation, ePaiges Design Group, LLC shall not be obligated to refund to you any fees paid in advance of such corrective action.
3.3 Disclosure Rights
To comply with applicable laws and lawful governmental requests, to protect ePaiges Design Group, LLC 's systems and customers, or to ensure the integrity and operation of ePaiges Design Group, LLC 's business and systems, ePaiges Design Group, LLC may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e., name, e-mail address, etc.), IP addressing and traffic information, usage history, and content residing on ePaiges Design Group, LLC's servers and systems. ePaiges Design Group, LLC also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties.
4.1 Your License Grant to ePaiges Design Group, LLC
You hereby grant to ePaiges Design Group, LLC a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to ePaiges Design Group, LLC a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
4.2 ePaiges Design Group, LLC Materials and Intellectual Property
All materials, including but not limited to any computer software (in object code and source code form), data or information developed, collected or provided by ePaiges Design Group, LLC or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by ePaiges Design Group, LLC to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of ePaiges Design Group, LLC or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by ePaiges Design Group, LLC during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
4.3 Trademarks
You hereby grant to ePaiges Design Group, LLC a limited right to use your trademarks, if any, for the limited purpose of permitting ePaiges Design Group, LLC to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sub-license use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
5.1 Customer and/or Third Party Acts
ePaiges Design Group, LLC is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, ePaiges Design Group, LLC is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond ePaiges Design Group, LLC's reasonable control.
5.2 No Express or Implied Warranty
ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY ePaiges Design Group, LLC UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT ePaiges Design Group, LLC EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH ePaiges Design Group, LLC's COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. ePaiges Design Group, LLC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, ePaiges Design Group, LLC DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to ePaiges Design Group, LLC
You warrant, represent, and covenant to ePaiges Design Group, LLC that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
6.1 Limitations
IN NO EVENT SHALL ePaiges Design Group, LLC HAVE ANY LIABILITY WHATSOEVER FOR DAMAGE, UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF INFORMATION PROVIDED TO ePaiges Design Group, LLC , DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES. ePaiges Design Group, LLC SHALL HAVE NO LIABILITY UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF ePaiges Design Group, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF ePaiges Design Group, LLC TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO ePaiges Design Group, LLC BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY ePaiges Design Group, LLC UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE ePaiges Design Group, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
6.2 Interruption of Service
You hereby acknowledge and agree that ePaiges Design Group, LLC will not be liable for any temporary delay, outages or interruptions of the Services. Further, ePaiges Design Group, LLC shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
6.3 Maintenance
You hereby acknowledge and agree that ePaiges Design Group, LLC reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. ePaiges Design Group, LLC will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
6.4 Third Party Software
The website(s) may contain or be delivered with certain third party software ("Third Party Software"). Reseller shall have only such rights and/or licenses, if any, to use the Third Party Software as are set forth in their terms. ePaiges will have no obligation whatsoever under this Agreement to support or maintain any such Third Party Software, nor will ePaiges have any liability under this Agreement, regardless of the nature of the claim or the nature of the claimed or alleged damages, including, without limitation, direct, indirect, incidental, consequential or punitive damages, for any claim arising from or related to Licensee's use or distribution of the Third Party Software, and ePaiges disclaims any and all representations and warranties, express, implied or statutory, with respect to any and all such Third Party Software, including without limitation, any warranties of merchantability, fitness for a particular purpose, system integration, data accuracy, title, non-infringement, quiet enjoyment, and/or non-interference. Licensee acknowledges and agrees that the foregoing disclaimers, limitations and exclusions of liability form an essential basis of the bargain between the parties, and that, absent such disclaimers, limitations and exclusions, the terms of this Agreement, including, without limitation, any economic terms, would be substantially different.
You will defend, indemnify and hold harmless ePaiges Design Group, LLC and its officers, directors, shareholders, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by ePaiges Design Group, LLC ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
8.1 Confidentiality
The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
8.2 Notices
All notices, reports, requests, or other communications given pursuant to this Agreement shall be made in writing, shall be delivered by hand delivery, overnight courier service, fax, or electronic mail, shall be deemed to have been duly given when delivered.
8.3 Choice of Law and Forum
THIS AGREEMENT, WILL BE GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN CALIFORNIA, AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
8.4 Entire Agreement
This Agreement and all policies and guidelines incorporated in this Agreement by reference constitutes the entire Agreement of the parties.
8.5 No Fiduciary Relationship
No Third-Party Beneficiaries - ePaiges Design Group, LLC is not the agent, fiduciary, trustee or other representative of you. Nothing expressed or mentioned in or implied from this Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of the parties hereto.
8.6 Assignments
You may not transfer or assign your rights, duties, or obligations under this Agreement without ePaiges Design Group's prior written consent. ePaiges Design Group, LLC may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
8.7 No Waiver
ePaiges Design Group, LLC's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of ePaiges Design Group, LLC's right to subsequently enforce such provision or any other provisions under this Agreement.
8.8 Severability
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
8.9 Survival
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
8.10 Legal Fee's
The client will be liable for any costs associated with attorneys' fees and/or court costs incurred by ePaiges, if needed, in order to complete or supply web services.
The ePaiges Design Group, LLC's Maintenance Trakker system accessed via this Web Site
(the "Trakker") and tracking information obtained through this Web
Site (the "Information") are the private and intellectual property of
ePaiges Design Group, LLC.
ePaiges Design Group, LLC authorizes you to use this Trakker System solely to track
maintenance requests tendered by or for you and for no other
purpose. Without limitation, you are not authorized to make the
Information available on any web site or otherwise
The TeamPortal Web Portal is comprised of various Web pages operated by ePaiges. The TeamPortal Web Portal is the private and intellectual property of ePaiges Design Group, LLC. Without limitation, you are not authorized to make the Information available on any web site or otherwise reproduce, distribute, copy, store, use or sell the Information for commercial gain without the express written consent of ePaiges Design Group, LLC. Any access or use that is inconsistent with these terms is unauthorized and strictly prohibited.
The TeamPortal Web Portal is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the TeamPortal Web Portal constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE ePaiges reserves the right to change the terms, conditions, and notices under which the TeamPortal Web Portal is offered, including but not limited to the charges associated with the use of the TeamPortal Web Portal.
LINKS TO THIRD PARTY SITES The TeamPortal Web Portal may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of ePaiges and ePaiges 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. ePaiges is not responsible for webcasting or any other form of transmission received from any Linked Site. ePaiges is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ePaiges of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the TeamPortal Web Portal, you warrant to ePaiges that you will not use the TeamPortal Web Portal for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the TeamPortal Web Portal in any manner which could damage, disable, overburden, or impair the TeamPortal Web Portal or interfere with any other party's use and enjoyment of the TeamPortal Web Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the TeamPortal Web Portals.
USE OF COMMUNICATION SERVICES The TeamPortal Web Portal may contain blog posts, calendars, 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. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
ePaiges has no obligation to monitor the Communication Services. However, ePaiges reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ePaiges reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
ePaiges 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 ePaiges's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. ePaiges does not control or endorse the content, messages or information found in any Communication Service and, therefore, ePaiges specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ePaiges spokespersons, and their views do not necessarily reflect those of ePaiges.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ePaiges OR POSTED AT ANY TeamPortal Web Portal
ePaiges does not claim ownership of the materials you provide to ePaiges (including feedback and suggestions) or post, upload, input or submit to any TeamPortal Web Portal or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting ePaiges, 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. ePaiges is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ePaiges'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TeamPortal Web Portal MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ePaiges AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TeamPortal Web Portal AT ANY TIME. ADVICE RECEIVED VIA THE TeamPortal Web Portal SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
ePaiges 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 THE TeamPortal Web Portal FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. ePaiges 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 ePaiges 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 THE TeamPortal Web Portal, WITH THE DELAY OR INABILITY TO USE THE TeamPortal Web Portal OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TeamPortal Web Portal, OR OTHERWISE ARISING OUT OF THE USE OF THE TeamPortal Web Portal, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ePaiges 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 THE TeamPortal Web Portal, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TeamPortal Web Portal.
SERVICE/SUPPORT CONTACT: support@epaiges.com
TERMINATION/ACCESS RESTRICTION
ePaiges reserves the right, in its sole discretion, to terminate your access to the TeamPortal Web Portal and the related services or any portion thereof at any time, without notice.
GENERAL
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Sacramento County, California, U.S.A. in all disputes arising out of or relating to the use of the TeamPortal Web Portal. Use of the TeamPortal Web Portal 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 ePaiges as a result of this agreement or use of the TeamPortal Web Portal. ePaiges's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ePaiges's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the TeamPortal Web Portal or information provided to or gathered by ePaiges 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 ePaiges with respect to the TeamPortal Web Portal and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ePaiges with respect to the TeamPortal Web Portal. 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 and 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 content of the TeamPortal Web Portal are Copyright by ePaiges Design Group, LLC. Any rights not expressly granted herein are reserved.
Last updated: February 8, 2013
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