You represent to Eficens that you are lawfully able to enter into contracts. If you are using this Website on behalf of a corporation or other entity, you represent that you have authority to bind such entity and acknowledge and agree that “you” as used herein shall include both you personally and the entity you represent.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Eficens, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and your consideration of Eficens’ products for use by your company and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use and your consideration of Eficens’ products for use by your company, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The trademarks, logos and service marks (“Marks”) displayed on the Website are the property of Eficens or its affiliates or licensors. You may not use these Marks without the prior written permission of Eficens.
Compliance with Applicable Laws
- In any way that violates Applicable Laws (including, but limited to, as set forth above).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Eficens, an Eficens’ employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Eficens or users of the Website, or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
Conduct in the Community
When posting, interacting with, or otherwise engaging in activity on any of our community sites (the “Community”), you are responsible and liable for all your activities, including anything you contribute. You also agree to abide by the following rules of conduct:
- Do not engage in any unlawful conduct in the Community. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Community.
- Treat others in the Community as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll,” i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users.
- Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
- Do not engage in disruptive activity in the Community, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
- Do not violate others’ rights in the Community. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
- Do not facilitate hacking or computer misuse. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites.
- Do not engage in hacking or computer misuse. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
- Do not impersonate any other person in the Community, including Eficens employees or agents.
- Do not use the Community to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
- Do not misrepresent the source of anything you contribute.
- Do not use the Community to promote your business. While you may use the Community to provide supplemental information about your own business that might be of interest to other users (without spamming them), do not rely on the Community as the primary mechanism for operating or promoting your business. Any use of the Community for commercial purposes is solely at your own risk, and Eficens assumes no liability for such use.
- Do not license your access to the Community. Any space provided to you in the Community is for your own personal use, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
- Do not rely on the Community for the safe or secure storage of any materials, such as photos, documents and software. The Community is not designed as the primary place to store any of these materials, and Eficens is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Community.
Eficens reserves the right to remove at any time, without notice, any contribution that violates these guidelines. Eficens Systems also reserves the right at any time, without notice, to ban a user who has violated these rules of conduct from any sub-community or all Community forums.
You are responsible for any actions you may take based on information or advice you receive while online. Use your own good judgment when evaluating information provided through the Community or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore, conduct your own research prior to making any decisions.
For User Content posted in the Community, you grant other users the right to reproduce any such content under the Creative Commons Attribution-NonCommercial-ShareAlike license, https://creativecommons.org/licenses/by-nc-sa/4.0/. For attribution under this license, it is required and sufficient to provide with the reproduced content a link to or URL of the Community page containing the source of such content. You also grant us and all users of the Community permission to use such content in other areas of the Community or within our products or services. The Community is considered a collective work of User Content in a single publication to which Eficens owns the copyright.
We are not responsible for, and we do not endorse, the User Content posted on or via the Website.
We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any User Content. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to prescreen, monitor, edit, refuse to accept, post, remove, or move any User Content. If your User Content contains offensive, indecent, or otherwise objectionable content, or infringes on the rights of any third parties, you may bear legal responsibility for that User Content. You agree that Eficens has no obligation to monitor or enforce your intellectual property rights to your User Content, but have the right to protect and enforce its and its licensees’ licensed rights to your User Content. Nevertheless, Eficens may freely use, edit, or delete any User Content.
User Content shall not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes: (i) links contained in advertisements, including banner advertisements and sponsored links; and (ii) links posted in the Community by other users. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. In addition, in relation to links posted by other users in the Community, Eficens reminds you that some content and links on the internet contain inappropriate material, such as malware or adult content that is not suitable for children or may be offensive to some users.
Mobile Device Features
The Website may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to receive messages from Eficens (including, without limitation, push notifications), download applications to your mobile phone or access DiscoverCloud or related App features (collectively, the “Mobile Features”). We may charge for Mobile Features. Also, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. To opt-out of receiving text messages associated with a Mobile Feature text “STOP” to the applicable shortcode for the Mobile Feature.
If you have registered for Mobile Features that utilize your mobile number, you agree to notify Eficens of any changes to your mobile number and update any relevant user account to reflect this change.
Eficens controls the Website from its offices in Suwanee, GA. If you use this Website from other locations, you are responsible for compliance with local Applicable Laws. Eficens makes no claims that the Website or any of its content is accessible or appropriate outside of the United States.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER EFICENS NOR ANY PERSON ASSOCIATED WITH EFICENS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EFICENS NOR ANYONE ASSOCIATED WITH EFICENS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, EFICENS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL EFICENS, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Waiver and Severability
We take allegations of copyright infringement seriously. If you believe that any User Content or other content on the Website infringes your copyright or other intellectual property rights, pursuant to Title 17, United States Code 512(c)(2) you may submit a notification in writing to our Designated Copyright Agent as described below. Upon receipt of notices complying with the Digital Millennium Copyright Act (“DMCA“), we will act to remove or disable access to infringing material or material found to be part of infringing activity.
If you believe that your work has been copied in a way that constitutes copyright infringement, you or your agent will need to send a signed, written communication to our Designated Copyright Agent with the information listed below. Please consult with your legal counsel and/or see 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act to confirm the following requirements:
- 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 on the Website are covered by a single notification, a representative list of such works on the Website.
- 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 us to locate the material (providing URLs will assist us in locating the content described).
- Information reasonably sufficient to permit us 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Please send the above-described notice of claimed infringement to our Designated Copyright Agent at 5400 Laurel Spring Parkway, Suite # 603, Suwanee, GA 30024 (Attention: General Counsel) or by e-mail to [email protected].
Please note that we may, at our discretion, send a copy of such notices to a third-party for publication or to a third-party who posted the allegedly infringing content. As such, your notification may be forwarded for publication or to such third-party.
No individual under the age of 16 may provide any personal data or otherwise submit personal data through the Website. By accessing, using and/or submitting information to or through the Website, you represent that you are at least age 16.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to [email protected].