Home
Advertising Solutions
Business Solutions
Development Solutions
About EJOAT
Contact Us
Privacy Policy

Terms Of Service:

 

REPRESENTATIONS AND WARRANTIES

 

You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

EJOAT.com expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of EJOAT.com , as well as its affiliates, subsidiaries, officers, directors and employees. EJOAT.com also reserves the right to freeze a domain name during resolution of a dispute.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL EJOAT.com BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF EJOAT.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, EJOAT.com ’s liability is limited to the full extent permitted by law. You agree that in no event shall EJOAT.com ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from EJOAT.com .

 

DISCLAIMER OF WARRANTIES

 

EJOAT.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SUCH SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EJOAT.com MAKES NOT WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EJOAT.com DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

 

INDEMNIFICATION

You agree to defend, indemnify and hold harmless EJOAT.com and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with EJOAT.com whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from EJOAT.com or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold EJOAT.com harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should EJOAT.com be notified of a pending law suit, or receive notice of the filing of a law suit, EJOAT.com may seek a written confirmation from You concerning Your obligation to indemnify EJOAT.com . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that EJOAT.com shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify EJOAT.com of any such claim promptly in writing and to allow EJOAT.com to control the proceedings. You agree to cooperate fully with EJOAT.com during such proceedings.

 

You agree to cooperate fully with EJOAT.com during such proceedings. You agree You will not be entitled to a refund of any fees paid to EJOAT.com if, for any reason, EJOAT.com takes corrective action with respect to Your improper or illegal use of its services. You also agree that if EJOAT.com is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with EJOAT.com , that EJOAT.com , in its sole discretion, may take whatever action EJOAT.com deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

 


Refund Policy

 

At this time, refunds for any services that are provided by EJOAT.com (EJOAT Enterprises) are not available.

 

Representation Of EJOAT.com, EJOAT Enterprises Or Any Subsidiary Of Which

 

You or any employees acting and/or but not limited to associates for you are not authorized in any way to make any representations of this company that may harm it. You are not authorized to speak, share with write and/or but not limited to communicate in any way, with any person, persons or any entity about this company even if your not a customer or client. In doing so, you will be stealing proprietary materials. If this so happens, you will be responsible for all our/your reasonable attorneys' fees if any legal actions are to pass. For the protection of this company you will follow the but not limited to the above mentioned rules. No person, persons and/or any entity are not authorized to speak, write and/or but not limited to communicate in any ill will of EJOAT.com, EJOAT Enterprises, the EJOAT network and/or any entity of which of any past or future information, opinion and/or but not limited to finacial transactions.

 

HEADINGS

 

The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

 

ENTIRE AGREEMENT

 

You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and EJOAT.com regarding the Services contemplated herein.

 

SEVERABILITY

 

You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

 

This Agreement

 

We are not responsible for your failure to read this agreement/contract and it's notices at any point in time or but not limited to it's revisions.


Copyright© 2004 - EJOAT.com - All Rights Reserved