BY USING THE ETAS NORTH AMERICA WEBSITE, YOU AGREE TO THESE TERMS; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.
General. ETAS North America provides company information, images, graphics, data, and other information (collectively, “Materials”) and product updates, product information requests and other services (collectively, “Services”) that may be accessed via the ETAS North America Website.
Changes. These Terms may change from time to time. When accessing the ETAS North America website, or through other means of notice as provided in Notices, you may be invited to review and accept material changes to these Terms. Your continued access to and use of the ETAS North America website, after we make changes, is deemed to be acceptance of those changes, whether or not you have actually reviewed them. ETAS is not responsible for notifying you of changes to these Terms. Please check these Terms periodically for updates.
Third Party Website Links and Referrals.
The ETAS North America website may contain links to other web sites that are operated by third parties (“Third Party Sites”) and referrals to third party vendors (“Referred Vendors”). Such Third Party Sites and Referred Vendors are not under ETAS’ control. ETAS provides these links and referrals only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third Party Sites or Referred Vendors. Your use of these Third Party Sites is at your own risk. ETAS does not transfer any personal information or session information to any Third Party Sites or Referred Vendors.
Disclosure of Information.
Submissions. You may voluntarily choose to, or ETAS may invite you to submit feedback, information, data, text, software, messages, comments, or other materials, including but not limited to reviews of ETAS products and services (each, a “Submission”). You agree that you are solely responsible for all of your Submissions and that any such Submissions are considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any Submission you have submitted. By submitting any Submission, you represent and warrant that:
- You own all rights in your Submissions (including, without limitation, all rights to the reproduction and display of your Submissions) or, alternatively, you have acquired all necessary rights in your Submissions to enable you to grant to us the rights in your Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your Submissions;
- Your Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights”, “author’s rights” or similar rights in any jurisdiction that you may have in your Submission;
- Any information contained in your Submission is not known by you to be false, inaccurate, or misleading;
- Your Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your Submission;
- Your Submission does not incorporate materials from a third-party website, or addresses, e-mail addresses, contact information, or phone numbers (other than your own);
- Your Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your Submission does not contain any information that is confidential, proprietary, or personal to you or to any other person; and
- Your Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a Submission, you grant to ETAS and its Affiliates an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your Submissions and to use your Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen Submissions or monitor any area of the ETAS North America website through which Submissions may be submitted. We are not required to host, display, or distribute any Submissions on or through the ETAS North America website and may remove at any time or refuse any Submissions for any reason. We are not responsible for any loss, theft, or damage of any kind to any Submissions. Further, you agree that we may freely disclose your Submission to any third party without restriction on use or disclosure
Ownership and Intellectual Property
ETAS Property. You acknowledge that all intellectual property rights, including without limitation copyrights, patents, and trademarks, in the ETAS North America website, including Materials, are owned by ETAS or its affiliates or our licensors. Your possession, access, and use of the ETAS North America website, including Materials, does not transfer to you or any third party any rights, title, or interest in or to such intellectual property rights. ETAS and its affiliates and licensors reserve all rights not granted in these Terms. You may not use the content of the ETAS North America website, including Materials, in any other public or commercial way, nor may you copy or incorporate any of the content of the ETAS North America website, including Materials, into any other work, unless written authorization is provided to you by ETAS.
Trademarks. Unless otherwise specified, all trademarks on the ETAS North America website, as well as all other ETAS websites, are protected under trademark law. This applies to all ETAS trademarks, service marks, typefaces, company designs, logos, slogans, trade dress and emblems (collectively, “Marks”). You agree not to copy, use or otherwise infringe upon these Marks and design elements. ETAS websites may also contain other product, service and/or company names which may be the trademarks of their respective owners.
You agree to defend, indemnify and hold ETAS and its licensors and suppliers harmless from any damages, liabilities, claims or demands (including costs and attorneys’ fees) made by any third party due to or arising out of (i) your use of the ETAS North America website, (ii) your violation of these Terms, and (iii) your violation of any law or the rights of any third party. ETAS reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ETAS and you agree to cooperate with our defense of such claims. You agree not to settle any such claim without ETAS’ prior written consent. ETAS will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Warranty Disclaimers and Limitation of Liability.
(a) Disclaimers of Warranties.
ETAS NORTH AMERICA WEBSITE, INCLUDING ALL MATERIALS AND SERVICES, ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” AND ETAS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT OR OTHER WARRANTY ARISING OUT OF THE COURSE OF ORDINARY PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE REGARDING OR RELATING TO MATTERS COVERED UNDER THIS CONTRACT, INCLUDING WITH RESPECT TO ETAS NORTH AMERICA WEBSITE.
(b) Limitations on Liability.
IN NO EVENT WILL ETAS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL LOSSES, OR ANY LOSSES IN CONNECTION WITH (i) LOST CONTENT (INCLUDING DUE TO UNAUTHORIZED DISCLOSURE, ACCESS TO, OR PROCESSING OF, PERSONAL DATA); (ii) LOST PROFITS, LOSS OF GOODWILL OR LOSS OF BUSINESS; (iii) LACK OF SECURITY, INVASION OR LACK OF PRIVACY, VIOLATION OF THE RIGHT OF PUBLICITY, DEFAMATION; (iv) any personal or BODILY injury, death, property damage; (v) ANY interruption, DELAY, FAILURE, DISRUPTION, downtime, LIMITED ACCESS TO, UNAVAILABILITY, UNRELIABILITY OR NON-PERFORMANCE OF ESCRYPT NORTH AMERICA WEBSITE; OR (vi) ANY third party PRODUCTS AND SERVICES.
ETAS’ MAXIMUM AGGREGATE LIABILITY IN CONNECTION WITH THESE TERMS, THE ETAS NORTH AMERICA WEBSITE, MATERIALS AND SERVICES, REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO US $1000.00.
Copyright Claims and Designated Agent.
It is the policy of ETAS to respond to claims of intellectual property infringement. ETAS will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512c2 DMCA and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider‘s Designated Agent. Notification must be submitted to the following Designated Agent for the ETAS North America website:
Digital Manager (ETAS/COM-Ana)
3021 Miller Road
Ann Arbor, MI 48103
Phone: +1 (734) 302-2026
To be effective, the notification must be written communication that includes the following: 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;
- 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;
- 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.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Designated Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of any federal court in Illinois, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, ETAS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider or you, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ETAS’ sole discretion.
Governing Law and Exclusive Venue.
These Terms will be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflicts of laws provisions.
You and ETAS agree to submit all disputes between you and ETAS arising out of or relating to the ETAS North America website, these Terms or the Privacy Statement or the alleged breach or interpretation thereof, to binding arbitration, provided that the foregoing shall not prevent ETAS from seeking injunctive relief in a court of competent jurisdiction. Within thirty (30) days after either party has notified the other in writing that it is submitting a dispute to arbitration, three (3) arbitrators shall be chosen under the then current Rules of the American Arbitration Association (“AAA”) pertaining to commercial disputes (“Rules of the AAA”). The arbitration will be held in Cook County, Illinois, and will be conducted according to the Rules of the AAA. The arbitration agreement shall be governed by the laws of the State of Illinois, without regard to its conflicts of law provisions. The arbitration award shall be by a written decision containing findings of fact and conclusions of law shall be final and binding and may be enforced by any court of competent jurisdiction. The party prevailing in the arbitration or other legal proceedings is entitled to recover its litigation costs, including reasonable attorney’s fees. In no case shall the arbitrator be authorized to award costs and damages otherwise prohibited herein.
ADA Compliance Statement.
ETAS is committed to ensuring digital accessibility for people with disabilities.
This website endeavors to conform to Web Content Accessibility Guidelines (WCAG) 2.0. The WCAG 2.0 defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA.
This website is partially conformant with WCAG 2.0 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard. We are continually improving the user experience for everyone and applying the relevant accessibility standards.
These Terms, and all rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by ETAS without restriction. Any attempted assignment by you will be null and void.
Any delay in the availability of the ETAS North America website or non-performance of the ETAS North America website shall not be deemed a breach of these Terms if such delay or non-performance is caused by a fire, earthquake, flood, war, terrorist act, government act, failure of common carriers (including Internet service providers, labor strike or walk-out, act of God, or any other event beyond the reasonable control of ETAS or its service providers.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at +1 (734) 997-9393 or email us at email@example.com
© Copyright 2019 ETAS Inc. All Rights Reserved.