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Terms

TERMS OF USE AGREEMENT

Welcome to the ECAT website. The website is maintained as a service to our visitors and customers. These Terms of Use are entered in and agreed to by ECAT and all users of ECAT as a condition of accessing the ECAT website. Use of the ECAT system constitutes an agreement to be bound and comply by all of the following terms of use.

We reserve the right to periodically update or otherwise modify these Terms of Use. Users are responsible for checking these Terms of Use for any changes or updates. Use of the ECAT website following any posted changes or updates constitutes acceptance of changes to the Terms of Use.

BY ACCESSING AND USING THIS SITE, YOU ATTEST THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE AND ACCEPT THESE TERMS, YOU MAY NOT ACCESS OR USE THIS SITE.

1. Terms

Use of the ECAT Web Site (“Site”) is subject to the Terms and Conditions of Use set forth herein. In using or accessing this website, you signify your agreement to be bound by these Terms and Conditions. You further agree that you are responsible for compliance with all applicable laws and regulations related to your use or access of this Site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

The viewing, printing or downloading of any content, graphic, form, document, or other material from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). This is the grant of a license, not a transfer of title, and nothing on the Site shall construed to confer any grant of any intellectual property rights, whether by estoppel, by implication, or otherwise. Under this license you may not:

i. modify the materials without the written consent of ECAT;

ii. use the materials for any commercial purpose;

iii. directly or indirectly reverse engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, algorithms of, or found at or through the Site or any software related to the ECAT web site;

iv. remove any copyright or other proprietary notations from the materials;

v. transfer the materials or “mirror” the materials on any other server;

vi. republish, frame, download, transmit, rent, lease, loan, sell, assign, distribute, license, sublicense, or create derivative works based on the Site, its materials, or its Services or their selection and arrangement, except as expressly authorized herein.

vii. modify, translate, or create derivative works based on the Site or any software;

viii. copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Site or any software.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by ECAT for any reason at any time.

3. Disclaimer

The materials on ECAT web site are provided “as is”. ECAT makes no warranties, expressed or implied, about this Site or any content contained therein and hereby expressly disclaims and negates all warranties, including without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Without limiting the generality of the foregoing, ECAT makes no warranties or representations concerning the accuracy, likely results, or reliability of the use of the materials on its Site or otherwise relating to such materials or on any sites linked to this Site, and your reliance on this Site or any information therein is strictly at your own risk and responsibility.

4. Limitations

In no event shall ECAT or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this Site, even if ECAT or an ECAT authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on ECAT web site may include technical, typographical, or photographic errors. ECAT does not warrant that any of the materials on its web site are accurate, complete, or current. ECAT may make changes to the materials contained on its web site at any time without notice. ECAT does not, however, make any commitment to update the materials.

6. Links

ECAT has not reviewed, investigated or monitored all of the sites linked to its Internet web site for completeness or accuracy and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement or approval of the linked web site by ECAT. Use of any such linked web site is at the user’s own risk.

7. Site Terms of Use Modifications

ECAT may revise these terms of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to ECAT web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

9. Third-Party Links and Contents

Our Site and/or Service, or communications you receive from our Site and/or Service may include third-party content or links to third-party websites that we do not control, maintain or endorse. Accessing those third-party sites requires you to leave the Site and/or Service. We do not control those third-party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third-party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions, and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE SITES AND/OR SERVICES INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DIALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. ECAT ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

10. Account Access

We may, at our discretion, permit you to authorize additional users to use your ECAT account. For purposes of this Agreement, you are the "Account Owner" and any other users you authorize will be deemed "Authorized Users." You will be responsible for each Authorized User’s use of your ECAT account and each Authorized User’s compliance with this Agreement.

11. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate, disclose and make use of personal information. The following outlines our privacy policy.

a. ECAT will collect personal information by lawful and fair means and with the knowledge or consent of the individual concerned. ECAT may collect statistical information concerning data usage or site access, but this will be reported only in the aggregate and will not contain any personally identifying information.

b. When asking a member or visitor to provide personal information, we will identify the purposes for which information is being collected.

c. We will collect and use personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only collect personal data that is relevant to the purposes for which it is to be used.

d. We will only retain personal information as long as necessary for the fulfillment of those purposes.

e. Personally identifiable information is stored on our server and is not publicly accessible.

f. We will make readily available to customers information about our policies and practices relating to the management of personal information.

g. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

REGARDLESS OF THE PRECAUTIONS TAKEN BY YOU OR BY ECAT, “PERFECT SECURITY” DOES NOT EXIST ON THE INTERNET. ECAT CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO THIS SITE OR TO ECAT, AND YOU TRANSMIT SUCH INFORMATION SOLELY AT YOUR OWN RISK.

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