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PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE EAGLECAPIS.COM WEB SITE ("THE "ECCI
SITE"). BY ACCESSING OR USING THE ECCI SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH
BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE ECCI SITE.
EAGLE CAP CCOMMUNICATIONS, INC. (HEREINFAFTER REFERRED TO INDIVIDUALLY AND COLLECTIVELY WITH EAGLECAPIS.COM AS
"ECCI") MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON
POSTING OF THE MODIFIED AGREEMENT ON THE ECCI SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE
OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE ECCI SITE SHALL BE DEEMED YOUR CONCLUSIVE
ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright.
Domestic and International copyright and trademark laws protect the entire contents of the ECCI Site. The
owners of the intellectual property, copyrights and trademarks are ECCI, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY
MANNER, THE MATERIAL ON THE ECCI SITE, INCLUDING TEXT, GRAPHICS AND CODE.
You may print and download portions of material from the different areas of the ECCI Site solely for your own
non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from
the materials. Furthermore, you agree to grant to ECCI a non-exclusive, royalty-free, worldwide,
sub-licensable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any materials and other information (including,
without limitation, ideas contained therein for new or improved products and services) you submit to any
public areas of the ECCI Site (such as bulletin boards, forums and newsgroups) or by e-mail to ECCI by all
means and in any media now known or hereafter developed. You also grant to ECCI the right to use your name
in connection with the submitted materials and other information as well as in connection with all advertising,
marketing and promotional material related thereto. You agree that you shall have no recourse against ECCI for
any alleged or actual infringement or misappropriation of any proprietary right in your communications to ECCI.
2. Use of the ECCI Site.
You understand that, except for information, products or services clearly identified as being supplied by
ECCI, ECCI does not operate, control or endorse any information, products or services on the Internet in
any way. Except for ECCI - identified information, products or services, all information, products and
services offered through the ECCI Site or on the Internet generally are offered by third parties that are
not affiliated with ECCI.
You also understand that ECCI cannot and does not guarantee or warrant that any files available for
downloading through the ECCI Site will be free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output,
and for maintaining a means external to the ECCI Site for the reconstruction of any lost data.
In connection with your use of the ECCI Site, you agree you will not:
a) Transmit any message, information, data, text, software or images, or other content ("Material") that is
unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libelous, or
otherwise objectionable that may invade another's right of privacy or publicity;
b) Impersonate any person or entity, including but not limited to, a ECCI official, forum leader, guide or host or
falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Post or transmit any Material that contains a virus or corrupted data;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any
communication feature;
f) Use communication features of the ECCI Site in a manner that adversely affects the availability of its
resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive
text);
g) Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam," "chain letters,"
"pyramid schemes" or any other form of solicitation or any non-resume information such as opinions or notices,
commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party;
j) Delete or revise any Material posted by any other person or entity; or
k) Manipulate or otherwise display the ECCI Site by using framing or similar navigational technology.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE ECCI SITE AND THE INTERNET. ECCI PROVIDES
THE ECCI SITE AND RELATED INFORMATION "AS IS" AND, EXCEPT FOR ECCI-IDENTIFIED PRODUCTS, DOES NOT MAKE ANY
EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO ANY MERCHANDISE, MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH
THE ECCI SITE OR ON THE INTERNET GENERALLY, AND ECCI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING
EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. EXCEPT FOR ECCI-IDENTIFIED PRODUCTS, IT IS SOLELY
YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE ECCI SITE OR ON THE INTERNET GENERALLY. YOU UNDERSTAND
FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. ECCI HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL ECCI BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE
LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE ECCI SITE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED BY OTHERS ON THE ECCI SITE, OR DOWNLOADED FROM THE ECCI SITE, OR ANY DELAY OF SUCH INFORMATION OR
SERVICE. EVEN IF ECCI OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
OR (II) EXCEPT FOR ECCI-IDENTIFIED PRODUCTS, ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN MATERIALS OR INFORMATION DOWNLOADED THROUGH THE ECCI SITE. BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IN SUCH STATES, ECCI'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
3. Indemnification.
You agree to indemnify, defend and hold harmless ECCI, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the ECCI Site from and against all losses, expenses,
damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including
negligent or wrongful conduct) by you or your use and access of the ECCI Site.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the ECCI Site), and 3 (Indemnification) are for the benefit of ECCI
and its officers, directors, employees, agents, licensors, suppliers and any third party information
providers to the ECCI Site. Each of these individuals or entities shall have the right to assert and enforce
those provisions directly against you on its own behalf.
5. Term; Termination.
Either party without notice may terminate this Agreement at any time for any reason. The provisions of
paragraphs 1 (Copyright), 2 (Use of the ECCI Site), 3 (Indemnification), 4 (Third Party Rights) and 9
(Miscellaneous) shall survive any termination of this Agreement.
6. Special Admonitions for International Use.
Recognizing the global nature of the Internet, you agree to comply with all local rules, including, without
limitation, rules about the Internet, data, e-mail or privacy, in your access and use of the ECCI Site.
7. Dealings with Third Parties.
Your participation, correspondence or business dealings with any third party found on or through the ECCI
Site, regarding the payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between you and such third party.
You agree that ECCI shall not be responsible or liable for any loss, damage or other matters of any sort
incurred as the result of any such dealings.
8. Links.
The ECCI Site may provide, or third parties may provide, links to non-ECCI Internet World Wide Web sites or
resources. Because ECCI has no control over such sites and resources, you acknowledge and agree that ECCI is
not responsible for the availability of such external sites or resources, and does not endorse and is not
responsible or liable for any content, advertising, products, or other materials on or available from such
sites or resources.
You further acknowledge and agree that ECCI shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any
such content, goods or services available on or through any such site or resource.
9. Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of the State of Washington
applicable to agreements made and to be performed in Washington. You agree that any legal action or proceeding
between ECCI and you for any purpose concerning this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent jurisdiction sitting in or for the county
of Walla Walla, state of Washington.
Any cause of action or claim you may have with respect to the ECCI Site must be commenced within one (1)
year after the claim or cause of action arises or such claim or cause of action is barred. ECCI's failure to
insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor trade practice
shall act to modify any provision of this Agreement. ECCI may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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