eOnsite.NET User Agreement
(April 12-2006)

This page contains our full User Agreement.
You may wish to print this page for reference.

This Agreement sets forth the terms and conditions for your use of this eOnsite.NET Online Web site (hereinafter referred to as the “Site”). Your use of the Site constitutes your agreement to these terms and conditions.

This Agreement (hereinafter referred to as the "Agreement") is between you, and eOnsite LLC (hereinafter referred to as “eOnsite”) organized and existing under the laws of Washington State.

1. Your Rights.

eOnsite grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials provided hereon, provided that you comply fully with this Agreement. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.

2. Copyright and Trademarks.

All materials on the Site, including without limitation text, images, software, audio and video clips, databases, and Fee-Based Services (collectively, the "Content") are owned or controlled by eOnsite, which retains all right, title, and interest in and to the Content. The Site and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of eOnsite.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of eOnsite or its employees, licensors, independent contractors, providers and affiliates (collectively, "Affiliates") without the prior written permission of eOnsite or the relevant Affiliate. In addition, you may not use our trademarks:

(a) in, as, or as part of, your own trademarks or those of any third parties;

(b) to identify products or services that are not those of Consumers Union; or

(c) in a manner likely to cause confusion

3. Forums.

eOnsite may make available to users of the site, e-mail notices, newsletters, chat rooms, message boards, bulletin board services or other interactive communication facilities by means of the Site (such facilities collectively referred to herein as the "Forums"). eOnsite cannot review all communications made on or through the Site. However, eOnsite reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which eOnsite in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any eOnsite policy.

4. Communicating with the Site.

You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Forum (the "Communications"). You shall not upload to, or distribute to, or otherwise publish through the Forums any Communication which:

 

1. is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;

2. is obscene, indecent, pornographic, profane, sexually explicit, or abusive;

3. constitutes or contains false or misleading indications of origin or statements of fact;

4. slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;

5. causes injury of any kind to any person or entity;

6. infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;

7. violates any applicable laws, rules, or regulations or

8. contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Site. eOnsite and its Affiliates do not endorse or accept any Communications as its own or representative of its views.

5. Public Communications.

You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge Communication which have no expectation of privacy in any Public Communication and no confidential, fiduciary, contractually implied or other relationship is created between you and eOnsite by reason of your transmitting a public Communication to any area of the Site. By transmitting any public Communication to the Site, you grant to eOnsite a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, "moral rights," or any similar rights under any jurisdiction.

6. Unsolicited E-Mail.

You agree not to use the Forums or any other area of the Site to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Site or any equipment owned or operated by eOnsite in connection with the Site. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's e-mail address accessible to the public shall not constitute a request or invitation to receive messages.

7. Your password.

As part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access the Fee-Based Services, and agree that eOnsite will have no obligations with regard thereto.

8. Information Provided.

You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site is at your sole risk. eOnsite reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone at any time. You acknowledge and agree that eOnsite is not responsible for any materials posted by users of the Site. Prior to purchasing any third party products or services described on the Site, you are advised to verify pricing and other information. Neither eOnsite nor its Affiliates shall have any liability arising from your purchases of third party goods or services based upon the information provided on the Site.

9. Links to Other Sites.

The Site may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by eOnsite or its Affiliates of any third-party site or any materials contained therein. eOnsite and its Affiliates do not control, and are not responsible for, the availability, accuracy, privacy policy, or security of such third-party sites or any information, content, products or services accessible from such third-party sites.

10. Age restrictions.

You represent and warrant to eOnsite that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement.

11. User Conduct.

You agree to comply with all applicable laws, statutes, ordinances and regulations related to use of the Site. You may not use the Site to engage in false reporting, fraud or other illegal activity. By entering into this Agreement, you are warranting that all information and data you submit will be complete and accurate to the best of your knowledge

You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the eOnsite.NET or related infrastructure or limits the eOnsite ability to provide the Services. You agree that you will not use any robot, spider, or other automatic device or routine to access or interface with the Site.

You agree that you will not alter or modify, any content or information (except for the data directly related to your business) from the Site without the prior expressed written permission of eOnsite LLC or the appropriate third party.

12. Beta Software.

Portions of the eOnsite.NET website for use by the END USER, until otherwise noted utilizes BETA SOFTWARE to input and access data. Any related updates, provided to END USER, including computer software and, where applicable, associated media, printed materials and online or electronic documentation shall be declared as a ("Beta Software").

END USER is hereby granted, upon the following terms and, a non-exclusive, non-transferable Beta Software use agreement, for its internal, end-use purposes, in the ordinary course of END USER'S business to enter and retrieve data into/from the eOnsite.NET database.

END USER agrees to provide timely feedback, which may include bug reports, conferences with eOnsite LLC representatives and/or written evaluations, to eOnsite LLC in reference to the Beta Software.

THE BETA SOFTWARE WHICH IS THE SUBJECT OF THIS AGREEMENT IS GRANTED TO END USER, NOT SOLD.

END USER MAY NOT USE OR COPY THE BETA SOFTWARE, IN WHOLE OR IN PART. END USER MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE BETA SOFTWARE OR OTHERWISE ATTEMPT TO (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIREOMVENT ANY SOFTWARE PROTECTION MECHANISMS IN THE BETA SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE BETA SOFTWARE OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE BETA SOFTWARE. END USER WILL AT ALL TIMES, INCLUDING DURING AND AFTER THE TERM OF THIS AGREEMENT, KEEP THE BETA SOFTWARE, ALL INFORMATION RELATING TO END USER'S USE OF THE BETA SOFTWARE INCLUDING ANY BENCHMARKS, PERFORMANCE RESULTS AND OTHER INFORMATION, CONFIDENTIAL UNLESS OTHERWISE EXPRESSLY AGREED IN WRITING BY EONSITE LLC.

This agreement shall be in effect from the time END USER logs into eOnsite.NET and uses the Beta Software, thereby accepting the terms and a condition contained herein, or otherwise expressly accepts the terms and conditions of this agreement, and shall remain in effect until otherwise agreed upon between the END USER and eOnsite LLC. eOnsite LLC reserves the right to terminate this Agreement at any time upon written notice to END USER, which may include notification by electronic transmissions. Termination of this Agreement constitutes termination of the use of the Beta Software granted herein. This Agreement will otherwise terminate upon the conditions set forth in this Agreement or if END USER fails to comply with any term or condition of this Agreement including failure to pay any applicable fees. END USER agrees upon termination of this Agreement for any reason to immediately cease use of the Beta Software and destroy all material related to the Beta Software Product in its possession and/or under its control.

13. Indemnification.

You hereby agree to indemnify, defend and hold harmless eOnsite and its Affiliates from and against any and all liability and costs incurred by eOnsite or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. eOnsite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of eOnsite.

14. Disclaimer of Warranty.

The data available through the Site including all maps, tables, numbers, graphics, and text (hereinafter collectively referred to as the "information"), is provided on an "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS" basis. Neither eOnsite nor any of its employees makes any warranty of any kind for this information, express or implied, including but not limited to any warranties of merchantability or fitness for a particular purpose, nor shall the distribution of this information constitute any warranty. THE SITE IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIEOLAR PURPOSE, TITLE, COMPATABILITY, SEEORITY, ACEORACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, eOnsite LLC AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE UNDER ANY CIREOMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY eOnsite LLC. eOnsite LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR THE FEE-BASED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR FEE-BASED SERVICES WILL MEET ANY PARTIEOLAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SITE, INCLUDING FORUMS OR THE SERVER(S) ON WHICH THE information on this website is collected from various sources and will change over time without notice. EONSITE LLC and its employees assume no responsibility or legal liability for the accuracy, completeness, reliability, timeliness, or usefulness of any information available on the Site, nor do they represent that the use of any information will not infringe privately owned rights.

Information on Site is not intended to constitute advice nor is it to be used as a substitute for specific advice from a licensed professional. You should not act (or refrain from acting) based upon information in the Site without independently verifying the information and, as necessary, obtaining professional advice regarding your particular facts and circumstances.

References to any specific commercial product; process; OR service by trade name, trademark, or manufacturer do not constitute or imply endorsement, recommendation, or favoring by EONSITE LLC and its employees.

15. Limitation of Liability.

USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE. UNDER NO CIRCUMSTANCES SHALL EO OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR EO OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR FEE-BASED SERVICES, EVEN IF EO, THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF EO AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU FOR ACCESS AND USE OF THE FEE-BASED SERVICES. YOU HEREBY RELEASE EO AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

16. Termination.

In addition to any other rights of the parties set forth herein, either you or eOnsite may cancel or terminate this Agreement at any time. eOnsite also reserves the right to restrict, suspend or terminate your access to the Fee-Based Services in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If eOnsite terminates this Agreement based on a breach of any portion of this Agreement, eOnsite reserves the right to refuse to provide a subscription or any Fee-Based Services to you in the future.

17. Modifications.

(a) To the Agreement.

eOnsite has the right to modify this Agreement and any policies affecting the Site. Any modification is effective immediately upon posting to the Site or distribution via electronic mail or conventional mail. Your continued use of the Site following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of eOnsite in providing the Site, including without limitation any change in the Content, or any change in the amount or type of fees associated with the Fee-Based Services, is to cancel your subscription in accordance with the subscription help instructions.

(b) To the Site.

eOnsite has the right to modify, suspend or discontinue the Site or any portion thereof at any time, including the availability of any area of the Site, including without limitation the Fee-Based Services. eOnsite may also impose limits on certain features and services or restrict your access to parts or all of the eOnsite Site without notice or liability.

18. General.

This Agreement constitutes the entire agreement between you and eOnsite with respect to the Site and, if applicable, the Fee-Based Services and supersedes all prior agreements between you and eOnsite. Failure by eOnsite to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Washington (excluding its choice of law rules). In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.