This site (the "Site") is owned and operated by Efficlucious Associates Inc. ("Efficlucious Associates") for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions.
TERMS AND CONDITIONS
Restrictions on use of Materials. The Site contains material which is derived in whole or in part from material supplied by Efficlucious Associates and other sources, and is protected by international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the "Materials") may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Efficlucious Associates' or such other sources' copyright, trademark and other proprietary rights. The use of any such Materials on any other Web site or networked computer environment is prohibited without Efficlucious Associates' express written consent.
Submissions/Communications. Efficlucious Associates has a long-standing company policy that does not allow Efficlucious Associates to accept or consider creative ideas, suggestions or materials other than those Efficlucious Associates has specifically requested. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Efficlucious Associates' staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Efficlucious Associates. None of the Information shall be subject to any obligation of confidence on the part of Efficlucious Associates and Efficlucious Associates shall not be liable for any use or disclosure of any Information. Efficlucious Associates shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Bulletin Boards. The Site may include bulletin boards and chat rooms ("Bulletin Boards") which allow feedback to Efficlucious Associates and real-time interaction between users.
- Efficlucious Associates does not control the messages, information or files delivered to Bulletin Boards, unless otherwise noted therein, and Efficlucious Associates has no obligation to monitor such Bulletin Boards. However, Efficlucious Associates reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Efficlucious Associates' sole discretion are objectionable or in violation of these Terms and Conditions.
- It is a condition of your use of the Bulletin Boards and this Site that you do not:
Limitation of Liability/Disclaimer. Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.
- Restrict or inhibit any other user from using and enjoying the Bulletin Boards;
- post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
- post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- post or transmit any information, software or other material which contains a virus or other harmful component;
- post, or transmit or in any way exploit any information, software or other material for commercial purposes or which contains advertising, promotion or marketing.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEITHER EFFICLUCIOUS ASSOCIATES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- You specifically acknowledge and agree that Efficlucious Associates is not liable for any defamatory, offensive or illegal conduct of any user.
- Efficlucious Associates also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site (including any Bulletin Board) or your downloading of any Materials from the Site.
Third Party Sites. Efficlucious Associates may provide links and pointers to internet sites maintained by others ("third party sites"). Efficlucious Associates has not reviewed all of the third party sites linked to the Site and is not responsible for the contents of or any products or services offered in such third-party sites.
- Efficlucious Associates does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Termination. This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all Materials obtained from the Site and all related documentation and all copies and installations thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Efficlucious Associates if in Efficlucious Associates' sole discretion you fail to comply with any term or provision of this Agreement. Upon termination, you must destroy all Materials obtained from this Site and all copies thereof, whether made under the terms of this Agreement or otherwise. In the event of termination, you are no longer authorized to access the Bulletin Boards and the restrictions imposed on you with respect to Materials downloaded from the Bulletin Boards and the disclaimers and limitations of liabilities set forth in this Agreement shall survive.
- This Agreement shall be governed by and construed in accordance with the laws of the United States of America without giving effect to any principles of conflicts of law.
- If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
- This Site is controlled and operated by Efficlucious Associates from its offices within the United States of America.
- Software from this Site is further subject to United States export controls and may not be downloaded by any person or entity prohibited by any U.S. law, rule, regulation or order or otherwise exported or reexported into any country to which the U.S. has embargoed goods.
- Efficlucious Associates may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
- As between you and Efficlucious Associates, Efficlucious Associates exclusively owns all rights, titles and interests in and to any of the Materials (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair Efficlucious Associates' rights, titles or interests in and to such Materials (and any and all elements thereof nor will you assert any right, title or interest in or to such Materials (including any copy or element thereof).