Terms of Use & Legal Notices
Welcome to the eBIS website (“Website”). In order to protect proprietary information, eBIS has established certain terms to govern your use of its Website. When you visit the Website, you can access various resources and information. These shall be referred to as “Information” and include: web pages; data; messages; text; images; photographs; graphics; documents such as press releases and white papers; bulletin boards; e-mail functions, and other services in connection with which you can upload, download, share, email, post, transmit or otherwise access or make information available. By accessing or using the Website or the Information provided on or through the Website, you agree to follow and be bound by the following terms and conditions (“Terms of Use”). eBIS may revise the Terms of Use at any time without notice to you.
USE OF INFORMATION AND RESERVATION OF RIGHTS
You may download, store, display on your computer, view, listen to, play and print Information that eBIS publishes or broadcasts on the Website or makes available for download through the Website subject to the following: (a) the Information may be used solely for your personal, informational, noncommercial purposes; (b) the Information may not be modified or altered in any way; and (c) the Information may not be redistributed.
The Website and Information provided on or through the Website are the intellectual property and copyrighted works of eBIS or a third party provider. All rights, title and interest not expressly granted with respect to the Website and Information provided on or through the Website are reserved. All Information is provided on an “As Is” and “As Available” basis, and eBIS reserves the right to terminate the permissions granted to you in Section one above and your use of the Information at any time.
YOUR INFORMATION
If you share Information with eBIS or third parties through use of the Website, you agree that you will only share Information that you have the right and authority to share and will not share Information that: is false, misleading or defamatory; invades another’s privacy or includes another’s confidential, sensitive or personal information; is obscene or not in good taste; violates or infringes another’s rights, including intellectual property rights; violates or promotes the violation of any applicable laws or regulations; contains a solicitation of funds, goods or services, or promotes or advertises goods or services; or, contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer.
eBIS does not want to receive confidential information from you through or in connection with the Website. Notwithstanding anything that you may note or state in connection with sharing Information, it shall not be considered confidential information and shall be received and treated by eBIS on a non-confidential and unrestricted basis except as provided in the eBIS Privacy Policy.
SECURITY, PASSWORDS, ACCESS AND PROHIBITED USE
You agree not to access or use the Website in any manner that could damage, disable, overburden, or impair any eBIS or third party computer systems or networks. You agree not to attempt to gain unauthorized access to or to interfere with any parts of the Website or any eBIS computer systems or networks.
Access to and use of password protected or secure areas of the Website is restricted to authorized users only. You agree not to share your password(s), account information, or access to the Website. You are responsible for maintaining the confidentiality of password(s) and account information, and you are responsible for all activities that occur under your password(s) or account(s) or as a result of your access to the Website. You agree to notify eBIS immediately of any unauthorized use of your password(s) or account(s).
You agree not to use the Website or Information provided on or through the Website for any purpose that is unlawful or prohibited by these Terms of Use, or the rules, guidelines or terms of use posted for a specific area of the Website or Information provided on or through the Website.
INDEMNITY
You agree to indemnify and hold harmless eBIS, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, due to or arising out of Information that you share, your violation of the Terms of Use or any additional rules, guidelines or terms of use posted for a specific area of the Website or Information provided on or through the Website, or your violation or infringement of any third party rights.
TERMINATION OF USE
eBIS may, in its sole discretion, at any time discontinue providing or limit access to the Website, any areas of the Website or Information provided on or through the Website.
THIRD PARTY WEBSITES
If the Website provides links to other websites and access to information, products and services of third parties, eBIS is not responsible for third party Information provided on or through such websites and you bear all risks associated with the access and use of such websites and third party Information, products and services.
DISCLAIMER
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE WEBSITE, AND ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EBIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE AND ALL INFORMATION PROVIDED ON OR THROUGH THE WEBSITE. EBIS MAKES NO WARRANTY THAT: (A) THE WEBSITE OR INFORMATION WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY INFORMATION PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.
ANY INFORMATION ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN DISCRETION AND RISK. EBIS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF INFORMATION.
EBIS RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE WEBSITE AND INFORMATION PROVIDED ON OR THROUGH THE WEBSITE AT ANY TIME WITHOUT NOTICE.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EBIS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE WEBSITE OR ANY INFORMATION PROVIDED ON OR THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. TO THE EXTENT THAT THEY ARE HELD TO BE LEGALLY INVALID, DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THESE TERMS OF USE DO NOT APPLY AND ALL OTHER TERMS SHALL REMAIN IN FULL FORCE AND EFFECT.
APPLICABLE LAWS
All matters relating to your access to, and use of, the Website and Information provided on or through or uploaded to the Website shall be governed by U.S. federal law or the laws of the State of Washington. Any legal action or proceeding relating to your access to, or use of, the Website or Information shall be instituted in a state or federal court in Seattle, Washington. You and eBIS agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.