Effective Date: January 1, 2013
Updates to Terms. EOYP reserves the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. We will provide notice of changes to the Terms by posting the new Terms on the Site with a new Effective Date shown. All such changes in the Terms shall be effective from the Effective Date set when it is posted on the Site or Services. Your continued use of the Site after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to such changes, you must discontinue using the Site and Service.
Electronic Form. By accessing the Site or registering to use the EOYP ("Subscriber"), you consent to have this Agreement provided to you in electronic form.
Non-electronic Copy. You have the right to receive this Agreement in non-electronic form. To receive a non-electronic copy of this Agreement, please contact us online or send a letter and self-addressed stamped envelope to the address listed below, noting a "Request for Copy of EOYP Terms Agreement."
License to Visit the Site. EOYP grants you a non-exclusive, non-transferable, limited and royalty free license to access and use the Site and view the content thereon solely for the purposes described in these Terms. EOYP reserves the right to terminate the aforesaid license at any time and for any reason with or without notice to you. Except for allowing you to use the Site and Services for your use as set forth in this paragraph, when you use the Site or Service, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of EOYP. You understand that you have no rights to the Service, the EOYP Marks or any other EOYP property except as we indicate in these Terms.
Age Requirements. You must be at least 18 years old or the age of majority in your state of residence, whichever is older, to use the Service.
Registering as a Subscriber. You do not have to be a EOYP Subscriber to view benefits available through this Site but only Subscribers can access the features and Service that EOYP currently offers. By becoming a Subscriber you agree to provide (i) true, accurate, current and complete information about yourself as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your Registration and refuse any and all current or future use of the Site and the Service (or any portion thereof). Registration may take place online, by phone or by mail.
Your Use of the Service. This Site and the Service are intended for your use solely in accordance with these Terms. The Service is comprised of various services, features and products for small and medium sized businesses. The particular features of the Service to which are entitled shall be those described at the time of your enrolment and as amended (at our sole discretion), for the described fees. In providing the Service to you, we may, from time to time produce, create or provide to you various services and products, such as web pages, content, advertisements, pages on third party sites (eg, Facebook), and the like (collectively, "Created Work"). Notwithstanding anything else in these Terms, you understand and agree that all Created Work (except for your marks) shall be owned by us and not you, and by paying your applicable Subscription fee, we grant you a non-exclusive and non-transferable license to use and enjoy the Created Work for your benefit. Upon termination of your use of the Services by you or us, you understand and agree that (1) this license shall immediately terminate, (2) we shall have no obligation to continue hosting, providing or granting access to any Created Work developed for you, (3) you shall have no right to the Created Work or any goodwill associated therewith, and (4) we shall retain all rights, including any goodwill, to the Created Work. To the extent that such rights to the Created Work do not automatically vest with us upon termination of your subscription, you hereby transfer and grant all such rights to us.
Limitations on Use of Site and Service. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, in any way other than as described in these Terms without EOYP's prior written consent, or (ii) use the Service in whole or part, or any benefit thereof, for any illegal purpose. You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Service, or otherwise exceed the limited access granted to you by EOYP. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component.
Third Party Sites. The EOYP Service gives you access to certain services as described on the Site, including, without limitation, access to and information about third parties and networks and their respective sites (collectively, "Third Party Sites"). You may access the Third Party Sites through links or frames from this Site. EOYP is merely a directory for these Third Party Sites. This Site does not sell any products or services to consumers and nothing on this Site shall be relied upon or construed as an offer to sell anything or enter into any kind of agreement or business relationship. Any purchases you make or discounts you obtain will be through the Third Party Sites. EOYP shall have no responsibility for your actions on the Third Party Sites and you are advised to read such sites' terms and conditions and policies, including policies regarding sales, returns, warranties, and privacy before using such sites. In addition, EOYP shall not be responsible for any inaccuracies, misrepresentations, product or service liability or products or services available (or not available) on the Third Party Sites. Further, EOYP shall have no responsibility or liability for any offensive, infringing, libelous or illegal materials on the Third Party Sites.
Although EOYP makes the Third Party Sites accessible through this Site, we do not review or monitor offers on them, and thereby do not sponsor, endorse, or recommend these sites and make no representations or warranties of any kind with regard to the accuracy, timeliness or suitability of the Third Party Sites or policies.
Proprietary Rights. The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by EOYP or its licensors ("EOYP Marks") and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. EOYP owns a copyright in the selection, coordination, arrangement and enhancement of the EOYP Marks and such other content on the Site and a copyright in the Site. EOYP and its logos are trademarks of EOYP and are protected by state and federal laws. All other trademarks appearing on this Site ("Third Party Marks") are trademarks of their respective owners. Users are prohibited from using any EOYP Marks and Third Party Marks without the written permission of EOYP or such third party. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the EOYP Marks, in whole or in part, without EOYP's prior written consent. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Site or Service. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material You may download content for your personal, non-commercial use only as provided in these Terms, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
User Submissions. By submitting content in any form to the Site, for instance, in the form of a testimonial, comment, or picture, ("User Content"), you grant to EOYP and its licensees and successors in business a perpetual, worldwide, royalty-free, fully-paid and non-exclusive license to reproduce, publish, perform, distribute, modify, edit, display, adapt, create derivative works from and market and promote the User Content (at EOYP's sole discretion) for any commercial purposes, and in any medium now existing or hereinafter developed, and to use your name, likeness and any personal information you submit with the Use Content without your prior approval or the payment of any compensation. By submitting, transmitting, posting or uploading any User Content to this Site, you represent and warrant that: (i) you are solely responsible for the User Content that you provide, (ii) you own or otherwise have the right to grant the license set forth above with respect to such User Content, (iii) such User Content does not violate the privacy rights, publicity rights, copyrights, intellectual property rights, confidentiality rights, contract rights or any other rights of any person, (iv) such User Content is not libelous, abusive, obscene, or otherwise in violation of applicable local, federal, or international laws and regulations. and (v) you agree to pay any and all royalties, fees, and any other monies owing any person arising in connection with such User Content appearing on this Site.
Notice of Procedure for Making a Claim of Copyright Infringement. If you believe that any User Content on the Site constitutes work that is owned by you or a third party, and is displayed on the Site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on this Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
901 N. Market Street, Suite 705
Wilmington, DE 19801
By email: email@example.com
Links. You may be able to access other websites or resources through links on the Site. Because EOYP has no control over such sites and resources, you acknowledge and agree EOYP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that EOYP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity/Release. You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold EOYP, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur arising out of or related to any products or services purchased by you in connection with the Site or the Service and in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these Terms, applicable law or the rights of any third party. You are solely responsible for your own interactions with any merchants accessed through the Site or Services. To the extent permitted under applicable laws, you hereby release EOYP from any and all claims or liability related to any product or service of a merchant, any action or in-action by merchant, including merchants failure to comply with applicable law and/or failure to abide by the Services Terms and any conduct or speech, whether online or offline, of any other user. In connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Disclaimer of Warranties. YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICE (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICE) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICE), ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT EOYP MAKES NO WARRANTY THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT EOYP DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICE WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, EOYP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICE AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY SITE INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICE. ALL CONTENT, PRODUCTS AND THIRD PARTY SITES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. EOYP DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE MERCHANTABILITY OF ANY PRODUCT OR SERVICE ACCESSED FROM THE SITE OR A LINKED SITE. OTHER THAN AS REQUIRED BY LAW, UNDER NO CIRCUMSTANCE WILL EOYP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE OR A LINKED SITE, OR YOUR RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM THE SITE OR A LINKED SITE.
Liability Limitation. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL EOYP, ITS PARENT, SUBSIDIARIES, EMPLOYEES, OWNERS, SHAREHOLDERS, OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICE, EVEN IF EOYP HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. EOYP'S LICENSORS AND CONTRACTORS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN EOYP'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).
Termination. We can suspend or terminate your registration in EOYP and your access to the Site or use of the Service, in whole or in part, at any time, immediately and without notice if, at EOYP's sole discretion, you fail to comply with any of these Terms. Upon termination, you must destroy all materials obtained from this Site and the Service and all copies thereof. In the event of suspension or termination, you are no longer authorized to access the Site or the Services, and the restrictions imposed on you with respect to any materials downloaded from the Site or the Services and the disclaimers and limitations of liabilities set forth in the Terms shall survive.
Access to Services. You understand and agree that your registration in EOYP is subject to and conditioned upon the following: Your continued adherence to and compliance with these Terms and any future modifications thereto. Your violation of these Terms, or any other agreement between you and EOYP constitute grounds for immediate termination of your registration without further notice at our sole discretion. We may also terminate your registration at any time, immediately and without notice, if we determine, in our sole discretion, that your conduct is detrimental to our business or the EOYP community. Termination of your registration will result in cancellation of all rights of access and use of Services granted to Subscribers and cancelled Subscribers may be denied access to Services or re-enrollment as Subscribers. EOYP reserves the right to change, discontinue or suspend EOYP or any of the Service at any time for any reason. You may terminate your registration or use of the Service at any time by deleting your account information or sending a request to us, using the "Contact Us" button on any page of the Site. EOYP shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms. Any decision EOYP makes relating to termination or suspension of any Subscriber's account shall be final and binding. You agree that we may terminate, modify, discontinue or abandon the Site or Service with or without notice to you and that we will not be liable to you or any third party as a result of such termination, modification, discontinuance or abandonment. If this Agreement is terminated for any reason, the provisions titled Proprietary Rights, No License Granted, Indemnity/Release, Disclaimer of Warranties, Liability Limitation, Access To Service, Termination, Privacy, Governing Law/Disputes and Miscellaneous shall survive any such termination.
Conditions of Service. Your use of the benefits available through the Service is also governed by any other terms that may apply upon registering for the Service which is incorporated herein by reference. In the event of any conflict in these Terms and any such other terms, these Terms will control.
No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.
Miscellaneous. These Terms and policies incorporated herein, are the entire agreement between you and EOYP. They supersede any and all prior or contemporaneous agreements between you and EOYP relating to your use of the Site or the Services. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. The failure of EOYP to partially or fully exercise any rights or the waiver by us of any breach of these Terms by you, shall not prevent a subsequent exercise of such right or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Our rights and remedies under these Terms and any other applicable agreement between you and us shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
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