Effective Date: November, 2016
- Access to Password-Protected Areas. Certain areas of this Website may offer the opportunity to create an account. You will be asked to create a username and password in connection with such an account. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify eReplacements of any unauthorized use of your password or account or any other breach of security that you become aware of. eReplacements cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
By posting, uploading, adding, communicating, storing, or otherwise transmitting Communications on, to, or through the Website, you understand and agree that you are giving eReplacements a royalty free, irrevocable, perpetual, non-exclusive and fully sub licensable license to edit, alter, broadcast, post, publish, copy, disclose, distribute, perform, create derivative works from, incorporate and otherwise use the Communications and images, sounds, text, and other things embodied therein for any and all purposes, including commercial, promotional, or marketing purposes throughout the world in any form, medium, or technology now known or later developed. However, you agree that eReplacements has no obligation to use any idea or material contained in a Communication and you have no right to compel such use.
You agree that none of your Communications will include material that:
- is unlawful, threatening, libelous, defamatory, indecent, obscene, pornographic, or that may violate any law;
- could interfere with anyone else's use of the Website;
- encourages or incites anyone to break the law;
- violates the rights of any party, including copyrights and other property right and rights of privacy, or that includes personal or sensitive information regarding yourself or another person;
- contains a virus or any other harmful or potentially harmful component; or
- contains any false or misleading statements of fact or descriptions of the origin of the material or the communication.
Internet transmissions are never completely private or secure. You understand that any Communications that you send to this Website may be read or intercepted by others. By sending Communications to eReplacements, you release eReplacements of any duty or obligation it might otherwise have to review or act in response to the Communication, and of any duty or obligation that it might otherwise have to you in connection with any action it chooses to take in response to your Communication.
- Digital Millennium Copyright Act.
a. Alleged Infringement. eReplacements’ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If eReplacements removes or disables access to comply with the Digital Millennium Copyright Act, we will make a good-faith attempt to contact the owner or administrator of the affected site(s) in order that they may make a counter notification pursuant to Sections 512(g) of that Act. We will document all notices of alleged infringement on which we act. A copy of the notice will be sent to a third party who will make it available to the public.
b. Notification of Infringement. You must provide a written communication that sets forth the items specified below. Please note that you may be liable for damages, including costs and attorneys' fees, if you materially misrepresent that a product or activity is infringing your copyrights. If you are unsure as to whether certain material of yours is protected by copyright laws, we suggest that you contact an attorney prior to submitting a request. Please use the following format in preparing and submitting your written notification:
i. Identify the copyrighted work in sufficient detail that you believe has been infringed, including where the work appears, i.e., the web page(s).
ii. Identify the material that you claim infringes on your copyrighted work described in Item 1 above, including where the material appears, i.e., the web page(s).
iii. Provide your contact information including your telephone number and email address.
iv. Include the following statements in your written notification: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
v. Please sign your written notification and send it to the following address:
Attn: Copyright Claim
600 E. Dallas Rd, Ste. 200
Grapevine, TX 76051
- EXCLUSIONS AND LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT EREPLACEMENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA LOSS, OR OTHER LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM ANY MATTER RELATED TO YOUR USE OF THIS WEBSITE.
- Intellectual Property.
All materials on the Website, including but not limited to images, software, audio, text and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions and other copyright laws. All Content is owned or licensed by eReplacements or by its third-party licensors. Any unauthorized use of the Content may violate, without limitation, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. You may not change the Content in any way or reproduce, publicly display, distribute or otherwise use the Content for any public or commercial purpose. Any reproduction of the Content on any other website or networked computer environment for any purpose is prohibited.
This Website and its contents are owned by eReplacements or third parties and are protected by law, including but not limited to copyright and trademark law. Certain content, such as copyrighted materials and trademarks, are used by permission of third parties. Except as allowed by law (such as fair use) or as expressly permitted in connection with specific content, this website and its contents may not be reproduced, modified, distributed, displayed, performed, or used in any way without the prior written permission of eReplacements or the third-party owner.
- Links. This Website may include links to other websites. You acknowledge and agree that such links are provided for your convenience and do not reflect any endorsement by eReplacements with respect to the linked site or its provider. eReplacements makes no representations or warranties with respect to any linked website. Your use of any linked website is solely at your own risk.
- Jurisdiction and Venue. This Agreement and the relationship between you and eReplacements will be governed by the laws of the State of Texas, without respect to its conflict of law provisions. You agree that venue with respect to any dispute between you and eReplacements will rest exclusively in the state or federal courts located in Tarrant County, Texas.
- Your Responsibility. The Internet is a valuable tool for eReplacements’ sales and customer support. eReplacements encourages you to be mindful of the intent and purpose of its websites and be responsible for safeguarding your personally identifiable information.
a. Children. If under the age of 18: Some internet sites may ask you to share information about yourself. Before sending any information about yourself over the Internet to eReplacements, be sure to ask your parents for permission.
If under the age of 13: If you are under the age of 13, your parent/legal guardian will need to verify that they permit you to disclose personally identifiable information via the respective eReplacements’ website.
b. Parents/Legal Guardians. eReplacements encourages you take an active role in your children’s use of the internet by talking with them about safe and responsible computing before sending any information about themselves over the internet.
Children Under the Age of 13: If your child is under the age of 13, eReplacements requests that you review the Website and follow requested verification procedures before permitting your child to submit personally identifiable information.
- DISCLAIMER. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK. THIS WEBSITE (INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE) IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EREPLACEMENTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (1) FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THE WEBSITE, (2) THAT THE SERVER THAT MAKES THIS WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM OR OTHERWISE USE THE WEBSITE, (3) THAT EREPLACEMENTS WILL CONTINUE TO PROVIDE THE WEBSITE OR, IF IT DOES CONTINUE TO PROVIDE THE WEBSITE, THAT THE WEBSITE WILL CONTINUE TO PROVIDE THE SERVICES IT CURRENTLY PROVIDES OR THAT THE WEBSITE WILL FUNCTION THE WAY THAT IT CURRENTLY DOES; OR (4) THAT ANY OF YOUR COMMUNICATIONS WILL BE RETAINED OR STORED ON THE WEBSITE FOR ANY PARTICULAR AMOUNT OF TIME.
OTHER USERS OF THE WEBSITE MAY SUBMIT COMMUNICATIONS IN A WAY THAT IS PUBLICLY ACCESSIBLE, AND EREPLACEMENTS CANNOT PREDICT THE COMMUNICATIONS THAT USERS POST. EREPLACEMENTS THEREFORE DOES NOT WARRANT OR REPRESENT THAT THE CONTENT ON THE WEBSITE WILL BE APPROPRIATE FOR ANY PARTICULAR AUDIENCE OR THAT YOU WILL NOT BE HARMED BY VIEWING THE CONTENT ON THE WEBSITE. BECAUSE ACCESSING THE WEBSITE IS INHERENTLY RISKY, YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR DECISION TO ACCESS IT.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO EREPLACEMENTS’ NEGLIGENCE OR GROSS NEGLIGENCE, WILL EREPLACEMENTS, OR ANY OTHER PARTY INVOLVED IN CREATING, HOSTING OR DELIVERING THE WEBSITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE, EVEN IF EREPLACEMENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES.
EREPLACEMENTS DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, TO THE GREATEST EXTENT PERMITTED BY LAW. EREPLACEMENTS ALSO ASSUMES NO RESPONSIBILITY, AND WILL NOT BE LIABLE FOR, ANY DAMAGE TO OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY, OR FOR ANY LOSS OR CORRUPTION OF DATA ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE. NOTWITHSTANDING THE LIMITATION OF LIABILITY CONTAINED HEREIN, IN NO EVENT SHALL EREPLACEMENTS 'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.