Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (Agreement) with respect to our site (the Site). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, free product samples or freebie offers or services provided by or listed on the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and at any frequency without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, and other matters related to the Site are protected under applicable copyrights and other proprietary laws, including but not limited to intellectual property laws. The copying, reproduction, use, modification or publication by you of any such matters or any part of the Site is strictly prohibited, without our express prior written permission.
Deleting and Modification
We reserve the right in our sole discretion, without any obligation and without any notice requirement to you, to edit or delete any documents, information or other content appearing on the Site, including this Agreement.
eBrain is not obligated to provide support. If you wish, you may contact eBrain and report problems and provide suggestions regarding our applications. eBrain has no obligation whatsoever to respond in any way to such a problem report or suggestion. eBrain may make changes to the applications at any time, without any obligation to notify or provide updated versions of the applications to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, eBrain EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE application. THE application IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE application, OR ANY SYSTEMS YOU DESIGN USING THE application (IF ANY). NOTHING IN THIS AGREEMENT MAY BE CONSTRUED AS A WARRANTY OR REPRESENTATION BY eBrain THAT THE application OR ANY SYSTEM DEVELOPED WITH OR INCORPORATING THE application WILL BE FREE FROM INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES.
You agree to fully defend and indemnify eBrain, Inc. from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to (1) your use of the application or (2) your violation of the terms and conditions of this Agreement.
All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of or inability to use the site.
All rules, terms and conditions, other policies (including privacy policies) and operating procedures of third-party linked websites will apply to you while on such websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. This Site and the third-party linked websites are independent entities and neither party has authority to make any representations or commitments on behalf of the other. If you decide to leave our Site and access these third-party linked sites, you do so at your own risk.
Third-Party Products and Services
We advertise third-party linked websites from which you may purchase or otherwise obtain certain sample goods, freebie offerings or free trial services. You understand that we do not operate or control the products, free offerings or services offered by third-party linked websites. Third-party linked websites are responsible for all aspects of order processing, fulfilment, billing and customer service. We are not a party to the transactions entered into between you and third-party linked websites. You agree that use of such third-party linked websites is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise. Under no circumstances are we liable for any damages arising from the transactions between you and third-party linked websites or for any information appearing on third-party linked websites or any other site linked to or from our site.
You must not resell applications, through brokers, exporters, or otherwise, except as integrated into a product sold by you that contains substantial value added circuitry or software. If you breach the terms of this section, in addition to eBrain’s cancellation rights, you agree to fully indemnify eBrain, its officers, employees and distributors, from any and all liability related to such resale, including attorneys’ fees and costs.
Terms of Pre-Order/Orders prior to the release of a fully-featured copy of eBrain
Pre-orders are fulfilled upon eBrain making the availability of a download of an electronic works/document/app from our company, to the client computer. This means, eBrain Software is the product described herein, and is packaged together as Documentation, Software/App, and API. When the company delivers all of the above to the customer, the order has been fulfilled, and is not subject to cancellation or refund post delivery of the product. For pre-order announcements, the company has a period of up to (1) year to fulfill the advertised delivery date/product release date, which is strictly promotional and subject to change.
Disclaimer for Critical Applications
Application are not intended or authorized for use in a product surgically implanted into the body, for a life support product or for other products for which a application failure could cause personal injury or death. If you or your customers use or permit the use of applications for such unintended or unauthorized uses, you agree to fully indemnify eBrain and its affiliates, and the officers, employees and distributors of each, from all liability related to such use, including attorneys’ fees and costs.
Limitation of Liability
IN NO EVENT WILL eBrain BE LIABLE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR ANY LOSS OF USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, OR LOST PROFITS, SAVINGS, OR REVENUES TO THE FULL EXTENT SUCH MAY BE DISCLAIMED BY LAW.
Choice of Law; Venue; Limitations
You agree that the statutes and laws of the United States and the State of New Jersey, USA, without regard to conflicts of laws principles, will apply to all matters relating to this Agreement or the application, and you agree that any litigation will be subject to the exclusive jurisdiction of the state or federal courts in Burlington County, New Jersey, USA. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement or the application must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You are not authorized to use any eBrain trademarks, brand names, or logos unless involved in a Partnership or Reseller program.
This Agreement constitutes the entire agreement between you and eBrain regarding the subject matter of this Agreement, and supersedes all prior communications, negotiations, understandings, agreements or representations, either written or oral, if any. This Agreement may only be amended in written form, executed by you and eBrain.
If any provision of this Agreement is held for any reason to be invalid or unenforceable, then the remaining provisions of this Agreement will be unimpaired and, unless a modification or replacement of the invalid or unenforceable provision is further held to deprive you or eBrain of a material benefit, in which case the Agreement will immediately terminate, the invalid or unenforceable provision will be replaced with a provision that is valid and enforceable and that comes closest to the intention underlying the invalid or unenforceable provision.
Disclaimer of Warranty
eBrain DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE SITE OR ANY OTHER WEB SITES LINKED TO OR FROM THE SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THIS SITE. THE CONTENT OF THE SITE IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, eBrain DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eBrain WILL BE DEEMED TO ALTER THIS DISCLAIMER OF WARRANTY, OR TO CREATE ANY WARRANTY.
The waiver by eBrain of any breach of any provision of this Agreement will not operate or be construed as a waiver of any other or a subsequent breach of the same or a different provision.
Inquiries to firstname.lastname@example.org