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- ED GREENBERG exercises no control over, and accepts no responsibility for, the content of the information passing through Ed Greenberg’s computers and network. ED GREENBERG (a)MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OF IMPLIED, FOR THE SERVICES IT IS PROVIDING AND (b) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. Use of any information obtained via ED GREENBERG’s systems is at Customer ’ s own risk. ED GREENBERG specifically denies any responsibility for the accuracy or quality of information obtained through his services. ED GREENBERG shall not be liable for any delay or failure in performance due to Force Majeure, which shall include without limitation acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, terrorism, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other occurrences which are beyond ED GREENBERG’s reasonable control.
- All use of the ED GREENBERG service must comply with the then-current version of the ED GREENBERG Acceptable Use Policy (“AUP”) which are made a part of this Agreement by reference and are available at the following URL: http://www.edgreenberg.com/html/legal.html. ED GREENBERG reserves the right to amend both this document and the AUP from time to time, effective upon posting of the revised documents at the URL or other notice to Customer. ED GREENBERG reserves the right to suspend the service or terminate this Agreement effective upon notice for a violation of the AUP or TOS. Customer agrees to indemnify and hold harmless ED GREENBERG from any losses, damages, costs or expenses resulting from any third party claim or allegation (“Claim”) arising out of or relating to use of the service, including any Claim which, if true, would constitute a violation of the AUP. This specifically includes damages arising from the cancellation or blockage of services by ED GREENBERG’s providers due to violations of the service agreement or AUP.
- NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR THE SERVICE PROVIDED HERUNDER, INCLUDING WITHOUT LIMITATION ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
- Payment is due 30 days after date of invoice unless otherwise indicated on the invoice. Customer is in default if payment is not received by the due date indicated on the invoice. If a check is returned to ED GREENBERG unpaid, Customer is immediately in default and subject to a returned check charge of $25 from ED GREENBERG. If Customer is in default, ED GREENBERG may, at his sole discretion, interrupt or terminate Customer ’s service. Such interruption does not relieve Customer of the obligation to pay the outstanding balance and/or Monthly Fee. Only a written request to terminate Customer ’s service relieves Customer of the obligation to pay the Monthly Fee. Customers in default are subject to an interest charge on the outstanding balance of the lesser of 1.5%per month or the maximum rate permitted by law. Minimum finance charge is $1.00.Customer agrees to pay ED GREENBERG his reasonable expenses, including attorney and collection agency fees, incurred in enforcing his rights under this Agreement. Prices are exclusive of any taxes that may be levied or assessed upon the services provided hereunder. Customer shall pay any such taxes. If Customer is exempt from otherwise applicable taxes, Customer must submit a valid tax identification number and exemption certificate at the same time it submits this Agreement.
- Billing for service will commence as of the Service Activation Date. Service is invoiced monthly or yearly in advance and may be canceled only by 30 days ’ advance written notice. Monies paid for services are not refundable once paid.
- Neither party may use the other party’s name, trademarks, trade names or other proprietary identifying symbols without the prior written approval of the other party. Customer may not assign or transfer any of its rights or obligations under this Agreement without the express, prior written consent of ED GREENBERG; provided that Customer may assign or transfer this Agreement to any affiliate of Customer upon advance written notice to ED GREENBERG. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.
- This Agreement supersedes all previous and contemporaneous written and oral representations; understandings or agreements related to the subject matter herein and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Acceptance of this Agreement by ED GREENBERG may be subject, in ED GREENBERG ’ s absolute discretion, to satisfactory completion of a credit check. Activation of service shall indicate ED GREENBERG ’ s acceptance of this Agreement. Use of the ED GREENBERG service constitutes Customer ’s acceptance of this Agreement.
- Written communication and written requests shall be deemed given when delivered (i) personally, (ii)by email with delivery confirmed by SMTP log entries, (iii)by US mail, either registered or certified, postage prepaid with return receipt requested, or (iv)by facsimile. Customer agrees to provide ED GREENBERG with a working email address and to promptly inform ED GREENBERG of any changes in email address. ED GREENBERG will send all invoices and billing statements only to customer ’s email address. ED GREENBERG will receive written communication and written requests concerning this Agreement at 1600 Stokes St #24, San Jose, CA 95126. Email communication may be made to ed (at) edgreenberg (dot) com.
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