AGREEMENT BETWEEN USER AND Esencia
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.
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" 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.
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
- 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
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.
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
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
- 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
- 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
- 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
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
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
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
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
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE EIS WEB SITES.
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.
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
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, 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.
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
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
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
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
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.
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
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
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