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Terms and Conditions

The use of the Website (the “Website”) is subject to the terms and conditions stated herein. Use of the Website constitutes an agreement by you, the user, that your use is governed by these terms and conditions. In addition, when using particular ECCENTEX CORPORATION (“ECCENTEX”) products or services, you will be subject to any guidelines or rules applicable to such products or services that may be posted from time to time. If you do not agree, you should not use this Website.

OWNERSHIP AND USAGE RESTRICTIONS

The works of authorship contained in this Website, including but not limited to all design, text and images, are owned, except as otherwise expressly stated, by ECCENTEX or its licensors. United States and worldwide copyright laws and treaty provisions protect the entire contents of this Website. Such Website material may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written permission of ECCENTEX or except as expressly provided for within this agreement. Modification or use of the materials for any other purpose violates ECCENTEX’s intellectual property rights.
Permission to use “Assessment Form” from this Website is granted, provided that (1) a copyright notice appears in all copies, and that both the copyright notice and this permission notice appear, (2) use of such Documents from this Website is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Use for any other purpose is expressly prohibited by law.

Assessment Form Software

By using this Website, the assessment form, including all files and images, contained in or generated by the software, and the accompanying data (together, the “Software”) are deemed to be licensed to you by ECCENTEX. Neither title nor intellectual property rights are transferred to you, but remain with ECCENTEX, who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, create derivative works of, or otherwise convert the Software to a human perceivable form.

RESTRICTION OF LIABILITY
You expressly understand and agree that ECCENTEX will not be liable for any damages or injuries caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. ECCENTEX will not be liable for any damages or injuries, including but not limited to, special or consequential damages that result from the use of, or the inability to use, the materials in this Website (including the Software), even if there is negligence or ECCENTEX or an authorized ECCENTEX representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. ECCENTEX’s total liability to you for all losses, damages, and causes of action (in contract, tort or otherwise) will not be greater than the amount you paid to access this Website.

SUBMISSIONS

While we value your feedback on our Website and services, we request that you be specific in your comments on those services and not submit any ideas, suggestions, materials, concepts or other information (collectively referred to herein as "Non-Solicited Information"). If, despite our request, you send us any such Non-Solicited Information, all such Non-Solicited Information shall be deemed, and shall remain, the property of ECCENTEX, and none of the Non-Solicited Information shall be subject to any obligation of confidence on our part and we shall not be liable for disclosure of any Non-Solicited Information and shall have unrestricted use of such Non-Solicited Information for any purpose whatsoever, commercial or otherwise, without compensation or liability to you or other provider of the Non-Solicited Information.

 
NOT OFFERING ANY ADVICE

The Information is for informational purposes only and is not intended to provide specific advice for you, and should not be relied upon in that regard. You should not act or rely on the Information without seeking the advice of a professional. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS SITE FOR DIAGNOSING, TREATING, CURING OR PREVENTING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. ALWAYS CONSULT A PHYSICIAN FOR ADVICE AND TREATMENT.

DISCLAIMERS

ECCENTEXPROVIDES THE SITE AND THE INFORMATION ON AN "AS IS, WHERE IS AND AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ECCENTEX DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, ENDORSEMENTS OR CONDITIONS WITH RESPECT TO THE SITE OR THE INFORMATION, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO MERCHANTABILITY, OPERATION, NON-INFRINGEMENT, USEFULNESS, COMPLETENESS, ACCURACY, CURRENTNESS, RELIABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, ECCENTEXDOES NOT REPRESENT OR WARRANT THAT THE SITE WILL BE AVAILABLE OR MEET YOUR REQUIREMENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL BE NO DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED, OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND TO TAKE ALL PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES OR OTHER DESTRUCTIVE PROPERTIES.

YOU ACKNOWLEDGE AND AGREE THAT ECCENTEXDOES NOT ENDORSE THE CONTENT OF ANY MEMBER OR ANY SITE ACCESSED VIA LINKS OR OTHER MEANS FROM THE SITE AND IT IS NOT RESPONSIBLE OR LIABLE FOR SUCH CONTENT EVEN THOUGH IT MAY BE UNLAWFUL, HARASSING, LIBELOUS, PRIVACY INVADING, ABUSIVE, THREATENING, HARMFUL, OBSCENE, OR OTHERWISE OBJECTIONABLE, OR THAT IT INFRINGES OR MAY INFRINGE THE INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANOTHER PERSON.

EXCEPT WHERE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ECCENTEXBE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SITE OR THE INFORMATION, EVEN IF ECCENTEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
 
TRADEMARKS

The ECCENTEX Logo and ECCENTEX U are trademarks of ECCENTEX, Inc. ECCENTEX is a trademark registered in the United States of America by ECCENTEX, Inc. All other trademarks contained herein are property of their respective owners. Any rights not expressly granted herein are reserved. The ECCENTEX trademarks may not be copied, used or displayed without the prior written consent of ECCENTEX, or except as expressly permitted within this Terms and Conditions agreement.
 WEBSITE SECURITY
You are prohibited from violating or attempting to violate the security of the Website, including, without limitation,
(a) accessing data not intended for your viewing or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any user, host or network. Violations of system or network security may result in civil or criminal liability. ECCENTEX will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

ENFORCEMENT OF TERMS AND CONDITIONS

ECCENTEX makes no representation that content provided is applicable or appropriate for use in all locations. These terms and conditions are governed and interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law. If you take legal action relating to these terms, you agree to file such action only in the state and federal courts located in the State of California, Los Angeles County. If any part of these terms and conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of remaining provisions.

AMENDMENTS AND MODIFICATIONS
ECCENTEX reserves the right to amend the information, services, and/or content of this Website, including that related to career opportunities and benefits, at any time without prior notice. The information and materials contained in this Website, and the terms and conditions of the access to and use of such information and materials, are subject to change without notice. We suggest that you check these terms periodically for changes. These terms can be accessed from the link at the bottom of our Website pages. If you use this Website after we post changes to the terms, you accept the changed terms. ECCENTEX expressly reserves the right to monitor any and all use of this Website.
 
Last updated November 23rd, 2009 
 
 
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