ATTENTION:  PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE.  USING THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS.  IF YOU DO NOT AGREE TO THESE TERMS ("TERMS"), YOU SHOULD NOT USE THIS WEB SITE.

The eCenterSoftware Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the eCenterSoftware Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

eCenterSoftware reserves the right to change the terms, conditions, and notices under which the eCenterSoftware Web Site is offered, including but not limited to the charges associated with the use of the eCenterSoftware Web Site.

USE OF SITE

Unless otherwise specified, the eCenterSoftware Web Site is for your own personal, non-commercial use.  Use of the eCenterSoftware Web Site for any public or commercial purpose (including, without limitation, on another site or through a networked computer environment) is strictly prohibited.  If you make copies or download of any of the Materials on this web site, you must retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. 

LINKS TO THIRD PARTY SITES

Links on the eCenterSoftware Web Site to third-party web sites are provided solely as a convenience to you. The eCenterSoftware is not obligated to review such third-party web sites, does not control such third-party web sites, and is not responsible for the contents of any third-party web site, (including without limitation the products, services, links, or content available through the same) or any updates or changes to such third-party web sites. These links are provided  to you only as a convenience, and the inclusion of any link does not imply endorsement by eCenterSoftware of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

You warrant to eCenterSoftware that you will not use the eCenterSoftware Web Site for any purpose that in any manner violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law or is prohibited by these terms, conditions, and notices. You may not use the eCenterSoftware Web Site in any manner which could damage, disable, overburden, or impair the eCenterSoftware Web Site or interfere with any other party's use and enjoyment of the eCenterSoftware Web Site. You further agree not to attempt to obtain any materials or information through any means not intentionally made available or provided for through the eCenterSoftware Web Sites, including but not limited to robots, data mining, or other data extraction mechanisms or attempt to gain unauthorized access to any portion of the eCenterSoftware Website through hacking, password mining, or any other means.

DISCLAIMER

THE ECENTERSOFTWARE WEB SITE IS PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.  ECENTERSOFTWARE MAKES NO WARRANTY THAT THE ECENTERSOFTWARE WEB SITE WILL MEET YOUR REQUIREMENTS OR THAT THE ECENTERSOFTWARE  WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE ECENTERSOFTWARE WEB SITE WILL BE CORRECTED.  ECENTERSOFTWARE FURTHER DOES NOT WARRANT THE COMPLETENESS OR ACCURACY OF THE MATERIALS AT THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT WILL ECENTERSOFTWARE BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE ECENTERSOFTWARE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE ECENTERSOFTWARE  WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ECENTERSOFTWARE HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES. OUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ECENTERSOFTWARE WEB SITE. 

EXCLUSIONS AND LIMITATIONS

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  IN SUCH CASES ECENTERSOFTWARE'S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

 
TERMINATION / ACCESS RESTRICTION

eCenterSoftware reserves the right, in its sole discretion, to terminate your access to any or all eCenterSoftware Web Sites and the related services or any portion thereof at any time, without notice.

COPYRIGHT AND TRADEMARK NOTICES:

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may download and reprint Content for non-commercial, non-public, personal use only. The copying, redistribution, use or publication by you of any part of this Site for any other reason is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not, in any manner, constitute a waiver of any right in such information and materials.   

GENERAL

These Terms, together with any additional terms to which you agree when using particular elements of the eCenterSoftware Web Site, constitute the entire and exclusive and final statement of the agreement between you and eCenterSoftware with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and eCenterSoftware with respect to such subject matter. This agreement shall be governed by the laws of the State of Kansas as applied to agreements made, entered into, and performed entirely in Kansas by Kansas residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the eCenterSoftware Website shall be brought in the Federal or State courts located in Johnson County, Kansas, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. Failure to exercise or enforce any right or provision of these Terms by eCenterSoftware shall not constitute a waiver of such right or provision.

Revised January, 2009.