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ERAI Membership / Data Access Legal Disclaimer
The following describes the
terms and conditions on which ERAI, Inc. 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") and through ERAI, Inc's services. This agreement shall become effective immediately and
cannot be amended without 30-day's notice in writing accepted and
signed by both the organization and an ERAI Corporate Officer. Those entitled to ERAI services shall be considered a
"Member" for purposes of this agreement. Fundamental to participating
in ERAI as a Member 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. Members 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 Member company has engaged or is engaging
in illegal or unscrupulous business practices, ERAI reserves the right
to terminate said membership immediately without reimbursement of any
membership dues. Enrollment in ERAI is
available at the sole discretion of ERAI, Inc. upon submission and
review of a completed membership application. ERAI reserves the right to
restrict, deny and/or terminate an organization's membership and
website access without advance notice or refund of membership dues.
Additionally, if a company or its principals/employees are named on a
government list which restricts, bans or limits trade with that company
(US Bureau of Industry and Security, US Department of Commerce, etc.),
ERAI membership will be suspended until the company is removed from the
list. The information contained on the ERAI
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. All Members understand that information
provided by ERAI is the property of ERAI, Inc. and may not be shared,
disseminated or published without our expressed written authorization
with the following exceptions: data provided to an auditing body and/or
proof to a third party that the Member is using ERAI's services as part
of their risk mitigation procedures. 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. Upon acceptance of membership by
ERAI, the Member 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 the
Member
username and password information shall remain confidential and shall
not be
disclosed directly or indirectly to any third party who does not have a
valid
license to access ERAI, Inc. data. Each and every licensee issued a
member username/login
and password combination shall not directly or indirectly provide their
credentials to, or share ERAI, Inc. information or data with, another
employee
or any third party unless expressly named in the user
agreement. Members
agree to notify ERAI immediately of any unauthorized use of your
username or
password or any other breach of security regarding the ERAI's services.
Additionally, Members understand that the use of artificial intelligence
(“AI”), automated scripts (“scraping”), similar or other technologies or
methodologies to access data and/or download data is strictly
prohibited.
Sharing username, password information and website access with
unauthorized third parties and/or using automated programs to access
and/or
download proprietary ERAI data is cause for immediate revocation of
membership
without reimbursement of any membership dues.
Electronic part listings made by Members on our website do not imply,
suggest, or constitute any sponsorship or approval of any organization
and its products or any affiliation between any such Member and ERAI.
Members’ inventory listings do not suggest a recommendation or warranty
by ERAI. ERAI is in no way responsible for the accuracy, timeliness or
completeness of data displayed in Members’ inventory listings. Your
interaction with a Member accessed through our website is at your own
risk, and ERAI will have no liability with respect to the acts,
omissions, errors, representations, warranties, breaches or negligence
or for any personal injuries, death, property damage, or other damages
or expenses resulting from your interactions with Members.
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. ERAI, ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS AND REPRESENTATIVES PROVIDE OUR SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. ERAI, ITS 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 ERAI, ITS 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
THIS SITE, SERVICES OFFERED BY ERAI OR THIS AGREEMENT (HOWEVER ARISING,
INCLUDING NEGLIGENCE). ERAI’S LIABILITY, AND THE LIABILITY OF ITS
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 ERAI IN THE 12 MONTHS PRIOR TO THE ACTION
GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100). Member and ERAI agree to indemnify and hold each
other and their 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, either party 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, 15275 Collier Blvd., #201-131, Naples, FL 34119. This Agreement shall be
governed in all respects by the laws of the State of Florida. You and
ERAI agree that the courts in the 20th Judicial District of Florida
shall retain exclusive jurisdiction and venue over any dispute arising
out of this agreement. ERAI does not guarantee continuous, uninterrupted
or secure access to its services, and operation of the Site may be
interfered with by numerous factors outside of its 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. ERAI’s failure to act with respect to a breach by you or
others does not waive ERAI’s right to act with respect to subsequent or
similar breaches. This Agreement sets forth the entire understanding and
agreement between the parties with respect to the subject matter
hereof. If any legal action 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.
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