Esencia Inc.

Legal Information
AGREEMENT BETWEEN USER AND Esencia Inc.

This Legal Information applies to any and all work supplied by Esencia Inc. and/or any Esencia Inc. customer or customer's Web site from which this immediate page was accessed. Anywhere within this Legal Information that the term "EIS" is used it should be assumed that the same notice applies for and on the behalf of the Esencia Inc. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed. All other registered, copyrighted, or trademarked material that references another companies' Rights remain.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Information on this Web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. EIS may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

EIS does not want to receive confidential or proprietary information from you through our Web site. Please note that any information or material sent to EIS will be deemed NOT to be confidential. By sending EIS any information or material, you grant EIS an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that EIS is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we ask your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law.

Information EIS publishes on the World Wide Web may contain references or cross references to EIS products, programs and services that are not announced or available in your country. Such references do not imply that EIS intends to announce such products, programs or services in your country. Consult your local EIS business contact for information regarding the products, programs and services which may be available to you.

EIS makes no representations whatsoever about any other Web site which you may access through this one. When you access a non-EIS Web site, please understand that it is independent from EIS, and that EIS has no control over the content on that Web site. In addition, a link to a non-EIS Web site does not mean that EIS endorses or accepts any responsibility for the content, or the use, of such Web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature.

 

TERMS OF USE
This Agreement is between EIS and you ("you", or "user", or EIS Customer) as a user of EIS Web Sites and Services (the "site", or the "service"). By using EIS Web Site and Services, you are agreeing to be bound by all of the terms in this agreement. If you don't wish to be bound by this agreement, then don't use EIS Web Sites and Services. We may change the terms and conditions of this agreement at any time and without prior notice. You agree to be bound by all of the terms of this, and all future agreements, as long as you use EIS Web Site and Services.

CONTENT
"Content" means any information, expression, or other material and services found on EIS Web Sites and Services. This includes message forums, chat, our original stuff, and anything else we come up with. All Content on EIS Web Sites and Services belongs to us and may not be reproduced without our prior written consent. All our Content is protected under U.S. and international copyright laws and is intended for individual, personal use only. You may not modify, retransmit, sell, or copy any of the Content in any way, except that you may make one copy for your personal use.

You agree that we shall have an unlimited license to republish anything that you post in our areas. We'll only republish such posts in context, and won't republish them for advertising purposes without your permission.

EIS Web Sites and Services provides information, commentary, and entertainment on a broad range of topics. Under no circumstances shall EIS Web Sites and Services
be liable for direct, indirect, or incidental damages resulting from your use of that information, commentary, or entertainment. You agree to indemnify us and hold us harmless from any actions, claims, proceedings, or liabilities arising from your use of the Content.

CONDUCT
You agree to use the service for lawful purposes only. You may not use, or allow others to use, your
EIS Web Sites and Services to:

  • Post or transmit any content that is abusive, vulgar, obscene, hateful, fraudulent, unlawful, threatening, harassing, or defamatory;

  • Post or transmit any material that you do not have a right to transmit under law (such as copyright) or under contractual or fiduciary relationships (as in nondisclosure agreements);

  • Post, transmit, or link to sexually explicit material;

  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • Post or transmit statements that are intentionally false or misleading;

  • Post or transmit chain letters or pyramid schemes;

  • Intentionally violate any applicable law.

 

While we can't review all transmissions by members in the chat rooms, we reserve the right to, and may from time to time, monitor any information transmitted or received through our
EIS Web Sites and Services. EIS, at our sole discretion and without further notice to you, may review, remove, or otherwise block any information (including posts to message forums) that we deem inappropriate or that violates any of this agreement. You agree to indemnify, defend, and hold harmless EIS Web Sites and Services from and against any claim, liability, cost, damage or loss that may incur (including, without limitation, attorneys fees) as a result of any violation by you of your obligations under this agreement.


 

Disclaimer
We can't and don't warrant the completeness or accuracy of the news, information, or entertainment content found in our areas, or its usefulness for any particular purpose. Further, EIS shall not be liable to anyone for any loss or injury resulting from the direct or indirect use of the service. This includes, but is not limited to, loss or injury caused in whole or in part by our negligence or by contingencies beyond our control in creating or delivering any portion of the service.

EIS Web Sites and Services shall not be liable for any decision made or action taken by you or others based upon reliance on news, information, or any material published by EIS Web Sites and Services. All information provided on EIS Web Sites and Services is to be used on an "as is, with all faults" basis. EIS Web Sites and Services relies on various sources of information that we believe to be accurate and reliable. However, EIS makes no claims or representations as to the accuracy, completeness, or truth of any material contained in our areas.

If any provision in this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect. This Agreement shall be governed by the laws of the United States of America and the State of Florida (except with respect to choice of law), as if the Agreement was a contract wholly entered into and wholly performed within Florida. You agree that the proper forum for any claim arising under this agreement shall be the State of Florida, County of Hillsborough.

ADDITIONAL TERMS

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, EIS Web Sites and Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from EIS Web Sites and Services.

LINKS TO THIRD PARTY SITES

The EIS Web Sites and Services may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of EIS and EIS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. EIS is not responsible for webcasting or any other form of transmission received from any Linked Site. EIS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EIS of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of EIS Web Sites and Services, you warrant to EIS that you will not use EIS Web Sites and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use EIS Web Sites and Services in any manner which could damage, disable, overburden, or impair EIS Web Sites and Services or interfere with any other party's use and enjoyment of EIS Web Sites and Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through EIS Web Sites and Services.

USE OF COMMUNICATION SERVICES

The EIS Web Sites and Services may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

EIS has no obligation to monitor the Communication Services. However, EIS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. EIS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

EIS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in EIS's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. EIS does not control or endorse the content, messages or information found in any Communication Service and, therefore, EIS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized EIS spokespersons, and their views do not necessarily reflect those of EIS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO EIS OR POSTED AT EIS WEB SITE

EIS does not claim ownership of the materials you provide to EIS (including feedback and suggestions) or post, upload, input or submit to any EIS Web Sites or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting EIS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. EIS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in EIS sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

SOFTWARE AVAILABLE ON EIS WEB SITES

Software (if any) that is made available to download from the EIS Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of EIS Corporation and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, EIS Corporation hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular EIS Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by EIS and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH EIS WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EIS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE EIS WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE EIS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

EIS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON EIS WEB SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EIS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL EIS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE EIS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE EIS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE EIS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE EIS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EIS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE EIS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EIS WEB SITES.

TERMINATION/ACCESS RESTRICTION

EIS reserves the right, in its sole discretion, to terminate your access to any or all EIS Web Sites and the related services or any portion thereof at any time, without notice.

GENERAL

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, Tampa, Florida, U.S.A. in all disputes arising out of or relating to the use of the EIS Web Sites and Services. Use of the EIS Web Sites and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and EIS as a result of this agreement or use of EIS Web Sites and Services. EIS's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EIS's right to comply with governmental, court and law enforcement requests or requirements relating to your use of EIS Web Sites and Services or information provided to or gathered by EIS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and EIS with respect to the EIS Web Sites and Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and EIS with respect to EIS Web Sites and Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
  
   

WEB SITE DEVELOPMENT

In the case that EIS has been contracted by you or for you by an Independent Web Consultant (WC), the following will apply:

EIS designers and programmers are paid for work performed.  The nature of our design work is such that although we will endeavor to create what you are trying to instruct us to, we do not guarantee that you will be satisfied by all of our design work.  We will attempt to satisfy your design request as best as you can explain them.  In the case that a client does not like any of the designs proposed, the client will have the right to continue the relationship but begin paying additional supplements for more than 2 designs or terminate the relationship and not have to pay any unpaid balances.  In the case that the client has previously submitted a partial payment, EIS, at its sole discretion, will attempt to quantify if any unused portion of the deposit can be made to be refundable or if the client owes additional money before terminating the relationship.   Because of the nature of design, a complete refund cannot be expected and is unreasonable to request once work has begun on your project.  However, the normal three-day grace period will apply.  The client is entitled to a 100% money back guarantee within the first 3 days.  After that period, any refund or any money owed by the client is optionally refunded or billed to the client should the client choose not to continue the relationship.  Any verbal agreement made to terminate the relationship is sufficient, however, at no point will any refund exceed more than 40% of the amount deposited or 20% of the total project. 

The potential client is advised that these terms are considered to be fair and if they do not agree to these terms, then do not seek our services.

The client's participation in this process is an important role. By understanding any specific requirement of yours early in the project life, we can avoid rework and finish your project within your budget guidelines. In this process, we might find that you discover a new requirement of your project. We will meet the new requirement within the budget guidelines if possible - otherwise we will advise you of options to meet the request.  Additionally, it is common that all of the Client's desires and requirements were not completely disclosed or discussed before a quote was released or money exchanged to begin a project. Should we discover such a requirement during the process that would require a substantial adjustment to the cost of the project, we will immediately notify the Client and provide supporting information and available options for the Client to choose from in order to continue the project. EIS understands the fiscal importance of completing a project within budgetary guidelines and will work closely with the Client to meet all requirements within these constraints. With this is mind, we suggest that the Client set their budget to allow for EIS to meet requirements that may not have been explicitly detailed in the initial meeting.  We also expect that the client understands that the nature of design work is such that after at least the second revision to a design, EIS reserves the right to begin asking for additional payment to cover design work.  This is especially the case when the client has not originally been explicit in detail, including referencing colors by Hex code to be used in designs.

We will test the Solution on the most commonly used PCs using IE, Netscape, and AOL browsers version 4.0+. EIS discloses that the cost to develop and test for every available Browser exceeds the benefits as the majority of Internet Users use the browsers we will test and design for. Additionally, unless otherwise noted, the Client has not listed all the browsers it should be compatible with. We will develop or use specialized Web Based scripts or programs - that if charged separately, would not fit the Client's budget. EIS retains all rights to these specialized programs unless the Client specifically purchases those programs.  If a client chooses to relocate their design to another provider, they can remove all graphics and HTML, however, all CGI-based scripts and/or supporting JavaScript's will remain the property of EIS.  EIS, at its sole discretion, may offer the client a lease on these scripts that cannot be resold.  This does not apply to graphics or logos pertaining to the Client.

EIS intends to provide professional services to the Client. We expect that the Client is engaged in lawful business practices and we have no knowledge to the contrary. EIS does not support the use of spamming and/or using the Internet for illegal or questionable business practices. We acknowledge that the Client's purpose is commercial and our relationship does not extend beyond the scope of our specific services. We will receive no commission or additional compensation. We also do not guarantee that the Client will increase profits or decrease profits as a result of our relationship. We disclose to the Client that submissions to Search Engines is no guarantee of placement within that Engine and that from time to time, Search Engines change their submissions policies and their links for submissions change or are down.  The client is responsible for and must   provide keywords or phrases to be optimized for their Site.  EIS will use these keywords to submit to the Engines.  We also do not guarantee that technology used today to meet requirements would be supported by other third-party relationships. This includes the technology that the Client may use to extract data from their local MLS.

To assist in understanding any specific requirements of yours, we may use a worksheet.  In the case that a worksheet is not supplied, you should list all of your requirements for us before we begin the project or before we submit a quote for the project. We will use this worksheet as a guide for the team. Some clients spend a lot of time with this worksheet. Other clients give us some basic guidelines and ask that we draw upon our experience. The choice is yours. For example, if you have specific ideas for the use of color or fonts, we can meet that requirement from the start if you tell us. A project can easily go over budget in cases where the client first gives us 'open or non-specific' details, but then requests a drastic change in the middle. In this sense, we have a shared responsibility in keeping the project within budgetary constraints.  Not being specific and then being specific after you have seen a 1st or 2nd draft will automatically move you into the possibility of paying directly for all revisions and multiple drafts after the second attempt.

In the case that we supply a worksheet, if at the end of this worksheet you feel that there are details missing that we did not cover, please attach any supporting material. Normally, our part of the design process begins after we have received all supporting documents, images, graphics etc. that the client intends to provide. At that point, we consider the ball to be in our court!  We begin to conceive and form the design. At certain milestones, you will see the progress and approve before we begin the next step. Once we have received all supporting material, we will provide you with a timeline for the project.  EIS, at its sole discretion and after being asked by the client, may begin a project before all supporting materials are submitted by the client.  This does not release the client of the responsibility to provide EIS with all supporting material within the first 14 day period.

If the client is not yet prepared to begin the project and does not have a clear idea of their project written down as a Specification Sheet, then the client has two options with EIS:  1) do not offer any payment toward a project until you have a clear idea of your project.  Or 2) agree to pay consulting fees in addition to your design fees for your project, except for the first 2 hours of consulting which EIS will voluntarily provide you .  All billable consultant hours will be logged and an invoice submitted at the client's request or at the end of the project.  The minimum consultant fee will be $500 and EIS will advise the client once the first $500 has been used up.

Again, t
he potential client is advised that these terms are considered to be fair and if they do not agree to these terms, then do not seek our services.


PAYMENT ON ACCOUNT

All fees for Services/Products performed/sold by EIS are due upon completion of such Services, with a grace period of 30 days.  After 30 days, a late charge of $10.00 will be added to your balance and an interest charges will be added to any outstanding balance up to the maximum allowable by law in your Territory/State/District/Country.  Any pre-approved open/revolving account that exceeds 60 days without payment will lose its open status and all future payments will be required to be prepaid or billed to a Credit Card account - Visa, MasterCard, or American Express.  Non-payment on account that exceeds 180 days will reach a default status and will be turned over to a collection service for payment.

  

If we are also your Hosting company, then hosting fees for your Site will begin upon Site completion or once the Site is available for general use and is in fact being used even if final revisions have not yet been made. Until your project is complete, an Under Construction page will remain. Once removed, hosting has begun - even if final revisions have not yet been made.

 

GENESIS REALTYSITES AND/OR GENESIS BASED SOFTWARE AND/OR AWARE BASED SOFTWARE

EIS retains all rights and ownership of a Genesis Software based Web Site.  Genesis Realtor Sites and/or Genesis Software based Sites are leased and not owned by the purchaser of our services.  Users and purchasers of Genesis Software based Web Site have no ownership of any form with any software or code used to create the site.  All programming that is not HTML is not owned by any client. EIS invests in programming and always retains the rights to all code that EIS develops. If you are in doubt about what parts of your Site are built with our custom programming, please inquire. EIS does not own any logos or designs that relate directly to the client. If EIS purchases and  registers your Domain Name for you then we retain all ownership and discretion with the name until such time as you wish to obtain these rights.  We warrant that we will not resell your Domain Name unless both parties agree.  If you wish to obtain these rights, then we will accept only the original cost of obtaining these rights in the Reserving and Registering of your Domain Name and nothing more.  In no case shall your cost to obtain these rights be in excess of   $110.  Our goal is not to own your Domain Name and we have no specific interest in your Domain Name.  Our only interest in transferring ownership of the Domain Name to you is in recovering our costs.

In the case of a Domain Name that EIS has pre-purchased and/or complete web sites that EIS has pre-built, EIS retains the rights to those Domain Names. A client who purchases a pre-existing site is purchasing the business that is being created by that site and the marketing that EIS has built into that site. EIS can change or add content as required by the client, however, the Domain Name is not transferred. If a client wishes to purchase a Domain Name from EIS, then it is a separate transaction. EIS will attach a value to the Domain Name that is based upon the popularity of the Domain Name and the marketability of the Domain Name at a price that the market will bear. EIS retains the rights to turn-down all offers for Domain Names and cannot be compelled to sell a Domain Name under these circumstances. If a client, after purchasing the service of a pre-existing web site, decides to cancel the monthly contract, a minimum of 30 days written notice is required to notify EIS. At the end of the contract period, when the client is no longer purchasing the servie from EIS, EIS reatins the right to resell the web site and service. If you are in doubt whether your web site or service falls into this category, please inquire.

HOSTING YOUR WEB SITE

If your Site is hosted by EIS, we will endeavor to make it available around the clock. We will never, however, be responsible for any damages or lost business due to any Server downtime whatsoever. Hosting charges are not determined by "uptime". Hosting charges are based upon maintenance procedures. Should a server go down and a Site is down - hosting charges are not refunded. The very nature of the Internet is such that 100% uptime cannot be guaranteed and too many variables exist for EIS to extend a 100% guarantee. We can, however, advise you of alternatives to help minimize exposure to downtime. We will run backup procedures to restore a Site as of the last backup date if a Site goes down. If a Site goes down due to hardware, virus attacks, terrorism, or any reason at all not stated here we will endeavor to do our best to reinstall the Site from the backup as fast as possible.

USE OF SERVERS/ALLOWABLE ACTIVITY AND FINES

At no point is any current, past, or potential client or agency or individual or corporation authorized to perform port scanning on any site hosted and maintained by EIS. Unauthorized port scanning, which includes passive scanning for network vulnerabilities, will be traced to the person or party performing the scans and a penalty of $1,000 per each incident will be assessed. For example, an unauthorized port scan that scans for three vulnerabilities using three individual requests will be assessed a penalty of $3,000. EIS reserves the right to prosecute for unauthorized port scanning activity.
Any other use of servers for illegal activity will be assessed a minimum of $1,000 fine per incident.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the EIS Web Sites are: Copyright 1998 - 2001 EIS Corporation and/or its suppliers, 7028 W Waters Ave #295, Tampa, FL 33634 U.S.A. All rights reserved.

TRADEMARKS. Esencia, EIS, Genesis, My-eShop.com, enTracking.NET, Realvirtualtours.com, and/or other EIS Web Sites and Services/Products referenced herein are either trademarks or registered trademarks of EIS. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.

STOCK QUOTES AND EMAIL ALERTS
Stock quotes appearing in any EIS Web Site and in email alerts are delayed at least 20 minutes (NASDAQ stock quotes are delayed at least 15 minutes). Stock quotes indicated as "real-time quotes" are made available without delay following their receipt from S&P ComStock, Inc. Your actual receipt of real-time quotes may be affected by delays in transmission over the Internet, and by other causes. All stock quotes are labeled with "time of last trade" to indicate the timeliness of the data.

Stock quotes are believed to be accurate and timely (subject to the aforementioned delays), but EIS and its suppliers do not warrant or guarantee such accuracy or timeliness. You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions. EIS and its suppliers do not authorize the use of stock quote information for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes.

OTHER ACKNOWLEDGMENTS AND NOTICES

Certain software used in any EIS Web Site is based in part on the work of the Independent JPEG Group. Copyright 1991 -1996 Thomas G. Lane. All rights reserved.

NO PROFESSIONAL ADVICE
The information appearing in any EIS Web Site and in email alerts is intended solely as general guidance on the home buying and financing processes, and does not constitute legal, tax, accounting or other professional advice. Real estate contracts, closing procedures and disclosures are in part guided by state law. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

ACCURACY OF INFORMATION AND CALCULATIONS
Information appearing in any EIS Web Site and in e-mail alerts, including the results produced by any calculator features and information about mortgage interest rates and loan terms, is believed to be accurate, but EIS and its suppliers do not warrant or guarantee such accuracy. Mortgage interest rates, loan terms and other information in any EIS Web Site site are subject to change. You should independently verify all relevant information prior to making any decisions based on such information.

SHOPPING

EIS Shopping (My-eShop.com and any other Shopping experience built by EIS) provides the Merchants' links to you.

However, each individual Merchant participating at EIS Shopping is responsible for setting and explaining their individual shipping, return, security and other policies applicable to shopping in their stores and purchasing their products. EIS does not guarantee, warrant or endorse any product or service sold by a Merchant in EIS Shopping, nor do we have any liability or responsibility for the quality or performance of any product or service sold to you by any Merchant. The purchase of any product or service from a Merchant at EIS Shopping is a transaction solely between you and that Merchant, and any question or dispute you may have regarding any such product or service should be addressed directly to the responsible Merchant. EIS has no responsibility or liability for any Merchant or your relationship with such Merchant.

You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by the Merchant. With respect to applicable taxes, the Merchant will advise you subsequently of the exact amount of tax due on your purchase. EIS has no responsibility whatsoever for any miscalculation or omission by a Merchant of applicable taxes on any sale.

You represent and warrant that you are at least 18 years of age and that you possess the legal right to use EIS Shopping in accordance with the stated terms and usage policies. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access EIS Shopping.

 

ELIGIBILITY; AUTHORIZED USE
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use EIS Web Sites and Services, including the buying, selling and listing of items, and any other services offered on this site (collectively, the "Services") in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, email address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

USING THE SERVICES
EIS Web Sites and services are built for you to utilize the Services to buy and sell goods. EIS is not involved in any transaction between you and any other party who uses this Site, and is not acting as your or any other party's agent. EIS cannot screen, censor or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, EIS cannot control or warrant the behavior of the users of the Services. As such, your use of EIS Web Sites and its Services is at your own risk, and EIS disclaims any liability with regard to use of the Services and any actions resulting from your or any other party's participation in the Services. You hereby agree to release EIS, its suppliers, service partners, agents, employees, consultants, officers and directors from all claims, demands and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all listings, transactions, or any other use of EIS Web Sites and the Services. Further, because EIS is not involved in any transactions between you and other users of the Services, EIS cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

 

It is your responsibility to determine whether the purchase or sale of any listed product or service is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on any EIS built Web Site unless allowable by law : firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users, "fulfillment" software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another party's rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in EIS's sole discretion, indecent, obscene or pornographic; registered or unregistered securities; goods which you do not have the legal right to sell; goods which are misrepresented or which do not in fact exist; goods which, if sold via the Services, would cause EIS to violate any law, statute or regulation.

EIS reserves the right to cancel any Web Site or service any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to