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Terms
of Use
These Terms of Use (this "Agreement") sets forth
the terms and conditions that apply to your access
and use of the Internet Web site located at URL
e2msystems.com ("e2msystems.com"), which
is owned and operated by e2M Systems Corp. ("e2M").
By visiting, using and/or submitting information
to e2msystems.com, you agree to be bound by
the terms and conditions of this Agreement and e2M’s
Privacy Policy, including any changes
or revisions to this Agreement and the Privacy Policy,
which e2M, in its sole discretion, may make in the
future. This Agreement and the Privacy Policy, however,
do not apply to the practices of companies that
e2M does not own or control, or to people that e2M
does not employ or manage.
Please read this
Agreement carefully. This Agreement contains an
agreement to arbitrate all claims and disclaimers
of warranties and liability. If you do not agree
with the terms and conditions of this Agreement
and the Privacy Policy, please do not access or
use e2msystems.com. Please be aware
that Web pages specifically dealing with your event
(the "Co-Branded Pages") may be owned and operated
by e2M and/or the meeting planner ("Meeting Planner")
that is planning your event. You expressly agree
that e2M is not responsible for and shall not be
liable for the actions or content of any Meeting
Planner or any Meeting Planner’s employee.
Your Compliance with this Agreement You
represent that you have the capacity to be bound
by this Agreement, or if you are acting on behalf
of a company or other entity, you have the authority
to bind such company or entity. In order to determine
your compliance with this Agreement, e2M may monitor
your access and use of e2msystems.com in accordance
with e2M’s Privacy Policy.
Your Access and
Use of e2msystems.com Your right to
access and use e2msystems.com is personal to
you and is not transferable by you to any other
person or entity. You are only entitled to access
and use e2msystems.com for lawful purposes and
pursuant to the terms and conditions of this Agreement
and e2M’s Privacy Policy. Your access and
use of e2msystems.com may be interrupted from
time to time for any of several reasons, including,
without limitation, the malfunction of equipment,
periodic updating, maintenance or repair of e2msystems.com
or other actions that e2M, in its sole discretion,
may elect to take. e2M reserves the right to suspend
or discontinue the availability of e2msystems.com
and/or any portion or feature of e2msystems.com
at any time in its sole discretion and without prior
notice. Any action by you that, in e2M's sole discretion:
(i) violates the terms and conditions of this Agreement
and/or e2M’ s Privacy Policy; (ii) restricts,
inhibits or prevents any access, use or enjoyment
of e2msystems.com; or (iii) through the use
of e2msystems.com, defames, abuses, harasses,
offends or threatens, shall not be permitted, and
may result in your loss of the right to access and
use e2msystems.com. You shall not metatag, provide
links to or frame e2msystems.com without the
prior express written permission of e2M.
Your
Registration with e2msystems.com
Certain features of e2msystems.com are accessible
only to Meeting Planners. The right to be issued
an administrative email ID and password by e2M is
available only to those individuals who are Meeting
Planners and provide to e2M the requested accurate,
complete and current personal information. Other
features of e2msystems.com are also accessible
only to registered "Attendees". Registered "Attendees" are individuals that register on a Co-Branded Page
to attend an event. Registered Attendees may contact
their Meeting Planner for technical and other support.
e2M reserves the right to deny or revoke issuance
of any email ID or password at any time and without
prior notice. If you use e2msystems.com, SOR
and/or any Co-Branded Page, you must adhere to this
Agreement and the Privacy Policy.
Transmissions,
Submissions and Postings to e2msystems.com
If you transmit, submit or post information to e2msystems.com
that is not Federally trademarked and/or copyrighted,
you automatically grant e2M and its affiliates the
worldwide, fully-paid, royalty-free, exclusive right
and license to use, copy, format, adapt, publish
and/or incorporate any or all such information in
any media whatsoever, including, without limitation,
the Content (as defined below). Provided that you
have obtained prior written permission from e2M
to transmit, submit or post information to e2msystems.com
that is Federally trademarked and/or copyrighted,
you automatically grant e2M and its affiliates the
worldwide, fully-paid, royalty-free right to use,
copy, format, adapt, publish and/or incorporate
any or all such information in any media whatsoever,
including, without limitation, the Content. You
shall not transmit, submit or post the following
to e2msystems.com:
- Information that infringes
e2M’s or any third party’s copyright, patent,
trademark, trade secret or other proprietary
rights;
- Information that violates
any law, statute, ordinance or regulation;
- Information that is
trade libelous, unlawfully threatening, unlawfully
harassing, defamatory, obscene, explicit or
vulgar, or otherwise injurious to e2M or third
parties or that infringes on e2M’s or any third
party’s rights of publicity or privacy;
- Information that contains
any viruses, worms, Trojan horses, trap doors,
back doors, easter eggs, time bombs, cancelbots
or other code or computer programming routines
that contain contaminating or destructive properties
or that are intended to damage, detrimentally
interfere with, surreptitiously intercept or
expropriate any system, data or personal information;
- Information containing
or constituting chain letters, mass mailings,
political campaigning, or any form of "spam";
- Information that is
false, inaccurate or misleading;
- Commercial advertisements
or solicitations without written permission
from e2M; or
- Federally Trademarked
and/or Copyrighted information without written
permission from e2M.
Although e2M does not
regularly review your transmissions, submissions
or postings, e2M reserves the right (but not the
obligation) to edit, refuse to post or remove your
transmissions, submissions or postings. Pursuant
to e2M’s Privacy Policy, e2M may review
transmissions, submissions or postings made by you
to determine, in its sole discretion, your compliance
with this Agreement.
e2M's Intellectual Property
Rights The names "e2M Systems Corp.", "e2M",
"highnotes.com", "State of Reunion, "stateofreunion.com,
"Maestro" and e2M’s graphics,
logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of e2M
or its subsidiaries, in the United States and/or
other countries (collectively, the "Proprietary
Marks"). You may not use the Proprietary Marks
without the prior express written permission of
e2M, which permission may be withheld in e2M's sole
discretion. e2M makes no proprietary claim to any
third-party names, trademarks or service marks appearing
on e2msystems.com. Any third-party names, trademarks,
and service marks are property of their respective
owners. The information, advice, data, software
and content viewable on, contained in, or downloadable
from, e2msystems.com (collectively, the "Content"),
including, without limitation, all text, graphics,
charts, pictures, photographs, images, line art,
icons, renditions and floor plans, are copyrighted
by, or otherwise licensed to, e2M or its Content
suppliers. e2M also owns a copyright of a collective
work in the selection, coordination, arrangement,
presentation, display and enhancement of the Content
(the "Collective Work"). All software used on e2msystems.com
(the "Software") is the property of
e2M or its software vendors and is protected by
United States and international copyright laws.
Viewing, reading, printing, downloading or otherwise
using the Content and/or the Collective Work does
not entitle you to any ownership or intellectual
property rights to the Content, the Collective Work
or the Software. You shall be solely responsible
for any damage resulting from your infringement
of e2M's or any third party's intellectual property
rights regarding the Trademarks, the Content, the
Collective Work, the Software and/or any other harm
incurred by e2M or its affiliates as a direct or
indirect result of your copying, distributing, redistributing,
transmitting, publishing or using the same for purposes
that are contrary to the terms and conditions of
this Agreement.
Your Use of the Content
e2M grants you a limited license to access, print,
download or otherwise make personal use the Content
and the Collective Work in the form of: (i) one
machine-readable copy; (ii) one backup copy; and
(iii) one print copy, for your non-commercial use;
provided, however, that you shall not delete any
proprietary notices or materials with regard to
the foregoing manifestations of the Content and
the Collective Work. You may not modify the Content
or the Collective Work or utilize them for any commercial
purpose or any other public display, performance,
sale, or rental, decompile, reverse engineer, or
disassemble the Content and the Collective Work,
or transfer the Content or the Collective Work to
another person or entity. Except as otherwise permitted
under the copyright laws of the United States, no
other copying, distribution, redistribution, transmission,
publication or use, other than the non-commercial
use of the Content and the Collective Work as permitted
by this Agreement, is permitted by you without the
express prior written permission of e2M, which permission
may be withheld in e2M's sole discretion. You may
not use any meta tags or any other "hidden text" utilizing e2M's name or trademarks without
the express written permission of e2M, which permission
may be withheld in e2M's sole discretion.
Access
and Interference You agree that you will
not use any robot, spider, scraper, deep link or
other similar automated data gathering or extraction
tools, program, algorithm or methodology to access,
acquire, copy or monitor e2msystems.com or any
portion of e2msystems.com or for any other purpose,
without e2M’s express written permission which may
be withheld in e2M’s sole discretion. Additionally,
you agree that you will not: (i) take any action
that imposes, or may impose in e2M’s sole discretion
an unreasonable or disproportionately large load
on e2M’s infrastructure; (ii) copy, reproduce, modify,
create derivative works from, distribute or publicly
display any content (except for your personal information)
from e2msystems.com without the prior written
permission of e2M and the appropriate third party,
as applicable; (iii) interfere or attempt to interfere
with the proper working of e2msystems.com or
any activities conducted on e2msystems.com;
or (iv) bypass e2M’s robot exclusion headers
or other measures e2M may use to prevent or restrict
access to e2msystems.com.
Electronic Communications When you visit e2msystems.com or send email
to e2M, you are communicating with e2M electronically.
You consent to receive communications from e2M electronically.
Although e2M may choose to communicate with you
by regular mail, e2M may also choose to communicate
with you by e-mail or by posting notices on e2msystems.com.
You agree that all agreements, notices, disclosures
and other communications that e2M provides to you
electronically satisfy any legal requirement that
such communications be in writing.
Your Responsibility
for Equipment and Related Costs
You are responsible for obtaining and maintaining
all telephone, computer hardware, Internet access
services and other equipment or services needed
to access and use e2msystems.com, and all costs
and fees associated with Internet access or long
distance charges incurred with regard to your access
and use of e2msystems.com.
Third Party Links There may be provided on e2msystems.com links
to other Web sites belonging to e2M’s advertisers,
business partners, affiliates and other third parties.
Such links do not constitute an endorsement by e2M
of those Web sites, nor the products or services
listed on those Web sites. e2M is not responsible
for the activities or policies of those Web sites.
e2M does not endorse or recommend the products of
any particular advertiser, business partner, affiliate
or other third party.
e2M Makes No Representations
or Warranties Regarding the Content THE
CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED
WITH E2MSYSTEMS.COM ARE PROVIDED TO YOU ON AN
"AS-IS" AND "AS AVAILABLE" BASIS. E2M
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF E2MSYSTEMS.COM
OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS
OR SERVICES INCLUDED ON OR ASSOCIATED WITH E2MSYSTEMS.COM.
YOU EXPRESSLY AGREE THAT YOUR USE OF E2MSYSTEMS.COM
AND ALL PRODUCTS AND SERVICES INCLUDED ON OR ASSOCIATED
WITH E2MSYSTEMS.COM IS AT YOUR SOLE RISK. E2M
DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR
GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,
CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE
SERVICES AND PRODUCTS ASSOCIATED WITH E2MSYSTEMS.COM,
NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS,
COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS
FOR A PARTICULAR PURPOSE OF THE CONTENT OR THE SERVICES
AND PRODUCTS ASSOCIATED WITH E2MSYSTEMS.COM.
IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY
EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS
OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED
WITH E2MSYSTEMS.COM. E2M MAKES NO REPRESENTATION,
WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY
BE AVAILABLE FOR DOWNLOADING FROM E2MSYSTEMS.COM
IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN
HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME
BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING
ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE
PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY
INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE
ANY SYSTEM, DATA OR PERSONAL INFORMATION.
Limitations
on e2M's Liability E2M SHALL
IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU,
OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY
LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT
OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION
OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II)
YOUR ACCESS AND USE OF E2MSYSTEMS.COM; (III)
YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR
USE E2MSYSTEMS.COM FOR ANY REASON; (IV) YOUR
DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE
WORK FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE
OF THE CONTENT OR THE COLLECTIVE WORK, OR (VI) ANY
INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED
THROUGH E2MSYSTEMS.COM, OR OTHERWISE ARISING
OUT OF THE USE OF E2MSYSTEMS.COM, WHETHER RESULTING
IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS
BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF e2M AND/OR ITS SUPPLIERS HAD BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. Certain state laws
do not allow limitations on implied warranties or
the exclusion or limitation of certain damages.
If these laws apply to you, some or all of the above
disclaimers, exclusions or limitations may not apply
to you.
Your Indemnification of e2M
You shall defend, indemnify and hold harmless e2M
and its officers, directors, shareholders, employees,
independent contractors, agents, representatives
and affiliates from and against all claims and expenses,
including, but not limited to, attorneys' fees,
arising out of, or attributable to: (i) any breach
or violation of this Agreement by you; (ii) your
failure to provide accurate, complete and current
personally identifiable information requested or
required by e2M; (iii) your access or use of e2msystems.com;
and/or (iv) access or use of e2msystems.com
and/or SOR under any password that may be issued
to you.
Amendments of this Agreement e2M reserves the right to update, amend and/or change
this Agreement at any time in its sole discretion
and without notice. Updates to this Agreement will
be posted here. You are encouraged to revisit this
Agreement from time to time in order to review any
changes that have been made. e2M’s last update was
08/22/05. Your continued access
and use of e2msystems.com following the posting
of any such changes shall automatically be deemed
your acceptance of all changes.
e2M's Remedies
You acknowledge that e2M may be irreparably damaged
if this Agreement is not specifically enforced,
and damages at law would be an inadequate remedy.
Therefore, in the event of a breach or threatened
breach of any provision of this Agreement by you,
e2M shall be entitled, in addition to all rights
and remedies, to an injunction restraining such
breach or threatened breach, without being required
to show any actual damage or to post an injunction
bond, and/or to a decree for specific performance
of the provisions of this Agreement. For purposes
of this Section, you agree that any action or proceeding
with regard to such injunction restraining such
breach or threatened breach shall be brought in
the courts of record of Palm Beach County, Florida,
or the United States District Court, Southern District
of Florida. You consent to the jurisdiction of such
court and waive any objection to the laying of the
venue of any such action or proceeding in such court.
You agree that service of any court paper may be
effected on such party by mail or in such other
manner as may be provided under applicable laws,
rules of procedure or local rules.
Governing
Law; Arbitration This Agreement is to
be governed by and construed in accordance with
the internal laws of the State of Florida, without
regard for principles of conflicts of laws. Any
civil action, claim, dispute or proceeding arising
out of or relating to this Agreement, except for
an injunctive action regarding a breach or threatened
breach of any provision of this Agreement by you
as provided above, shall be referred to final and
binding arbitration, before a single arbitrator,
under the commercial arbitration rules of the American
Arbitration Association in Palm Beach County, Florida.
THEREFORE, YOU DO NOT HAVE THE OPPORTUNITY TO
GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS AND
YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING
CLASS ACTIONS. BY USING e2msystems.COM YOU CONSENT
TO THESE RESTRICTIONS. You
and e2M shall select the arbitrator, and if you
and e2M are unable to reach agreement on selection
of the arbitrator within thirty (30) days after
the notice of arbitration is served, then the American
Arbitration Association shall select the arbitrator.
Arbitration shall not commence until the party requesting
it has deposited One Thousand Dollars ($1,000.00)
with the arbitrator for the arbitrator's fees and
costs. The party requesting arbitration shall advance
such sums as are required from time to time by the
arbitrator to pay the arbitrator's fees and costs
until the prevailing party is determined or the
parties have agreed in writing to an alternate allocation
of fees and costs. Should a Dispute arise and should
the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit
between you and e2M, jurisdiction over and venue
of any suit shall be exclusively in the state and
federal courts sitting in Palm Beach County, Florida.
Judgment upon any award rendered by the arbitrator
shall be final, binding and conclusive upon you
and e2M and your and e2M's respective administrators,
executors, legal representatives, successors and
assigns, and may be entered in any court of competent
jurisdiction. Notwithstanding the previous sentence,
in no event shall either you or e2M be entitled
to punitive damages and both you and e2M hereby
waive your and e2M's respective rights to any punitive,
special, indirect or consequential damages, including,
but not limited to, damages for any loss of profit,
revenue or business.
Miscellaneous
If any portion of this Agreement is deemed unlawful,
void or unenforceable by any arbitrator or court
of competent jurisdiction, this Agreement as a whole
shall not be deemed unlawful, void or unenforceable,
but only that portion of this Agreement that is
unlawful, void or unenforceable shall be stricken
from this Agreement. The headings contained in this
Agreement are for convenience of reference only,
are not to be considered a part of this Agreement,
and shall not limit or otherwise affect in any way
the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties
made in this Agreement, as may be amended by e2M
from time to time, shall survive your acceptance
of this Agreement and the termination of this Agreement.
This Agreement and e2M’s Privacy Policy represent
the entire understanding and agreement between you
and e2M regarding the subject matter of the same,
and supersede all other previous agreements, understandings
and/or representations regarding the same. If you
have questions, comments, concerns o feedback regarding
this Agreement or e2msystems.com, please contact
us via email at support@e2msystems.com. |
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