THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH ERAI OFFERS YOU
ACCESS TO OUR 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"). Upon receipt
and acceptance of the Member Application Form by ERAI, this Agreement shall be
effective. If you do not agree to be bound by the terms and conditions of this
Agreement, do not use or access our services.
We may amend this Agreement at any time by posting the amended terms on the
Site. All amended terms shall be effective immediately upon posting. This
Agreement may not be otherwise amended except in a writing signed by you and
ERAI.
Those entitled to ERAI services shall be considered a "Member" for
purposes of this Agreement. Any Member's rights may be terminated at any time
upon the sole discretion of ERAI and such Member will not be entitled to a
refund.
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. 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 is strictly prohibited.
Once the Member Application Form is accepted, the Member will receive a
Username and Password. The Username and Password is non-transferrable. In the
event that a Member transfers a Username and/or Password, the transferor's and
the transferee's rights to use any of the ERAI services shall be immediately
terminated.
You hereby promise that the information you provide ERAI shall not: (a) be
false, inaccurate or misleading; (b) be fraudulent or involve the sale of
counterfeit or stolen items; (c) infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy; (d) violate any law, statute, ordinance or regulation (including, but
not limited to, those governing export control, consumer protection, unfair
competition, antidiscrimination or false advertising); (e) be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (f) be obscene; (g)
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 (h) 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 to
our Members ("Third Party Websites"). These Third Party Websites are not
associated with ERAI and we do not monitor the information contained therein. As
such, ERAI is not liable for and makes to 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 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, 3899 Mannix Drive, Suite 421, Naples, FL 34114. This Agreement shall be
governed in all respects by the laws of the State of California. 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.