Erai Home

The following describes the terms and conditions for access to ERAI, Inc. services:

Welcome to the user agreement (the "Agreement") for ERAI. This Agreement describes the terms and conditions applicable to your use of our services available at the domain www.erai.com, (the "Site"). This agreement will be effective upon receipt and acceptance of the Application Form by ERAI, this Agreement shall be effective. 

This agreement shall become effective immediately and cannot be amended without 30 days notice in writing accepted and signed by both the ERAI service subscriber and an ERAI Corporate Officer.

Those entitled to ERAI services shall be considered a "Subscriber" for purposes of this agreement. Fundamental to participating in ERAI as a Subscriber is the understanding that a business, in all of its activities, should operate in full compliance with the laws, rules and regulations of the state(s) and/or country(ies) in which it conducts business. Subscribers are encouraged to reach beyond legal compliance by adopting and implementing recognized industry standards including, but not limited to, Quality Control, Counterfeit Detection and Vendor Qualification. If reasonable and conclusive evidence is presented and verified to show cause that a subscriber has engaged or is engaging in illegal or unscrupulous business practices, ERAI reserves the right to terminate a subscriber’s account immediately without reimbursement of any membership dues.

The information contained on this Site is protected under United States Copyright and Trademark law and contains trade secret and proprietary information belonging to ERAI, Inc. Any use of the trade secrets, proprietary information, copyrights, trademarks, patents, rights of publicity or privacy or any other personal or valuable information on this Site not specifically permitted by ERAI, Inc. is strictly prohibited. ERAI, Inc. has the legal right to use any data on its Site supplied to it by a Subscriber, including ownership, maintenance, storage, dissemination and use of that information along with future use of the information even if the supplier of that information is no longer an active subscriber.

Upon acceptance of the application the applicant will be entitled to receive a username and password. The ERAI website contains information that is proprietary and confidential to ERAI, Inc. By acceptance and usage of said username and password, you are agreeing that all information herein shall remain confidential and shall not be disclosed directly or indirectly to any third party outside of your company or organization. Sharing data with unauthorized third parties is cause for immediate revocation of service.

You hereby promise that the information you provide ERAI, Inc. shall not: (a) be false, inaccurate or misleading; (b) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (d) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) be obscene; (f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (g) create liability for ERAI or cause ERAI to lose (in whole or in part) the services of our ISPs or other suppliers.

We have provided links to other websites that we think may be beneficial ("Third Party Websites"). These Third Party Websites are not associated with ERAI, Inc. and we do not monitor the information contained therein. As such, ERAI is not liable for and makes no guarantees regarding any information provided on such Third Party Websites.

WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES PROVIDE OUR SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).

You agree to indemnify and hold us and our officers, directors, employees, representatives and agents harmless from and against any and all liabilities, costs and expenses, including reasonable attorneys' fees, resulting from or arising out of any claims, disputes, litigation and interpleader costs, damages, judgments, attorney fees, expenses, obligations and liabilities of every kind which, ERAI may incur or suffer in connection with, or arising out of, this Agreement or the use of the Site.

You and ERAI, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Except as explicitly stated otherwise, any notices shall be given by postal mail to ERAI Inc., 3899 Mannix Drive, Suite 421, Naples, FL 34114. This Agreement shall be governed in all respects by the laws of the State of Florida. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. If any legal action or any mediation, arbitration or other proceeding is commenced in connection with any claim or controversy between the parties arising out of or relating to this Agreement or the use of the Site, the successful or prevailing party shall be entitled to recover reasonable attorneys' fees and other costs incurred in that action or proceeding from the unsuccessful or non-prevailing party, in addition to any other relief to which it may be entitled.