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This agreement (the “Agreement”) is entered into by and between you (“you”) and eptiv.com (“eptiv.com”) regarding your use of the eptiv.com website (the “Website”). By using the Website, you are entering into this Agreement with eptiv.com and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as originally stated, please do not use the Website.

Priority. This Agreement, in combination with eptiv.com’s Privacy Policy (available here), sets forth the terms and conditions under which eptiv.com makes the Website available to you. In the event of an inconsistency between this Agreement and eptiv.com’s Privacy Policy, this Agreement shall control.

Rights Associated with the Website. The Website is designed to help you find news information that resides on sites not owned or controlled by eptiv.com. In particular, the Website provides brief descriptions of news stories to help you identify the stories of interest to you. When you select a story that appears to be interesting, you will be linked to the news site on which that story appears. eptiv.com owns and retains all intellectual property rights to the Website; but eptiv.com does not claim ownership rights to the full news stories, which are instead held by the sites to which the Website links or other third party providers.

The news stories displayed as results, or linked to, by the Website are developed by people over whom eptiv.com exercises no control. The results that appear from eptiv.com’s database are indexed by eptiv.com’s automated software, and eptiv.com cannot and does not screen the sites before including them in the database from which such automated search results are gathered. As a result, the Website may display results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a eptiv.com page will not include unintended or objectionable content. eptiv.com assumes no responsibility or liability under any circumstances for the content of any site included in any search results or otherwise linked to by the Website.

Registration. When you register on eptiv.com, you must provide true, accurate and complete registration information. Should eptiv.com suspect that your information is not accurate and complete, your account may be subject to suspension or termination. To comply with the Children’s Online Privacy Protection Act, at this time eptiv.com is only available to users who are at least 13 years old. If you are under 13, you may not register to use eptiv.com Website. As part of the eptiv.com user registration process, you will be asked to provide an email address and to select a username. A random generated password (which you can change at any time) will then be emailed to you. You, not eptiv.com, will be responsible for all activities occurring under your username and for keeping your password secure. Please read eptiv.com’s Privacy Policy for additional information as to eptiv.com’s handling of your personal information. eptiv.com retains the right to revoke and/or terminate any user’s registration and all privileges associated with such registration at any time, including for any violation of this Agreement.

Use of the Website. You may only display the content of the Website for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Website to sell a product or service; use the Website to increase traffic to your Web site for commercial reasons, such as advertising sales; take the results from the Website and reformat and display them, or mirror any portion of the results on your Web site; or use the Website as part of a “meta-search” offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Website. If you are uncertain whether your intended use of the Website is permissible, please contact us. In addition, eptiv.com shall have the right in its sole discretion to suspend or terminate the Website or your access to it.

Content. “Content” as used herein, is all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, whether publicly posted or privately transmitted. “User Content” is any Content provided by and/or originating from an eptiv.com user. As used herein, “Content” refers to User Content as well unless expressly stated otherwise. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not eptiv.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Website.

You shall be solely responsible for your own Content and the consequences of posting or publishing it. In connection with any and all Content provided by and/or originating from a eptiv.com user, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and/or permissions to use such Content and authorize eptiv.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner contemplated by the Website and this Agreement.

You further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material, and to grant eptiv.com all of the license rights granted herein.

You understand that eptiv.com does not monitor or control the content of information posted by others, and instead simply provides a service by allowing users to access information that has been made available. Because eptiv.com does not control the Content posted via the Website, eptiv.com does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eptiv.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Website. Should Content be found or reported in violation with, but not limited to, the following terms, it will be eptiv.com’s sole discretion as to what action should be taken, including suspension and/or termination of your account.

In addition, you agree to NOT use the Website to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• upload, post, email, transmit or otherwise make available any Content that shows nudity, partial nudity or adult content;
• upload, post, email, transmit or otherwise make available any Content that exhorts others to commit illegal acts;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a eptiv.com official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
• upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• repost Content that was deleted;
• post or submit links on behalf of someone else that was banned from the Website;
• allow usage by others in such a way as to violate this Agreement;
• interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
• intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law;
• “stalk” or otherwise harass another;
• upload, post, email, transmit or otherwise make available any Content that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
• upload, post, email, transmit or otherwise make available any Content that includes personal or identifying information about another person without that person’s explicit consent;
• upload, post, email, transmit or otherwise make available any Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
• use eptiv.com as a forwarding service to another website;
• solicit passwords or personal identifying information for unintended, commercial or unlawful use from other users;
• exceed the scope of the Website that you have signed up for; for example, accessing and using features that you do not have a right to use, or deleting, adding to, or otherwise changing other people’s entries or other content when you have not been granted the privileges to do so;
• upload, post, email, transmit or otherwise make available any Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by California law; and/or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the paragraphs above.

You acknowledge and understand that eptiv.com may or may not pre-screen Content, but that eptiv.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content for any reason, including for example, content that is available via the Website. Without limiting the foregoing, eptiv.com and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by eptiv.com or submitted to eptiv.com, including without limitation information in eptiv.com comment sections and in all other parts of the Website.

You acknowledge, consent and agree that eptiv.com has the right to access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of eptiv.com, its users and the public. Further, eptiv.com reserves the right to cooperate with legitimate law enforcement requests for information at its sole discretion.

You understand that the technical processing and transmission of the Website, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by eptiv.com and/or content providers who provide content to the Website. You may not attempt to override or circumvent any of the usage rules embedded into the Website. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Website, in whole or in part, is strictly prohibited.

You agree that eptiv.com may, under certain circumstances and without prior notice, immediately terminate your eptiv.com account and access to the Website. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) repeat postings of material in violation of copyright law or other terms of this Agreement, (c) requests by law enforcement or other government agencies, (d) a request by you (self-initiated account deletions), (e) discontinuance or material modification to the Website (or any part thereof), (f) unexpected technical or security issues or problems, (g) extended periods of inactivity, (h) engagement by you in fraudulent or illegal activities, and/or (i) nonpayment of any fees owed by you in connection with the Website. Termination of your eptiv.com account includes (a) removal of access to all offerings within the Website, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Website. Further, you agree that all terminations for cause shall be made in eptiv.com’s sole discretion and that eptiv.com shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Website.

Content Submitted for Inclusion. eptiv.com does not claim ownership of Content (including User Content) that you submit or make available for inclusion on the Website. However, with respect to Content (including User Content) that you submit or make available for inclusion on publicly accessible areas of the Website, you grant eptiv.com a worldwide, royalty-free, non-exclusive perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. The user agrees never to sue eptiv.com for use of said Content. Any copyright owner will cooperate with eptiv.com to register such copyright should eptiv.com need to enforce its licensed rights against others. “Publicly accessible” areas of the Website are those areas of the eptiv.com network of properties that are intended by eptiv.com to be available to the general public, including, without limitation, comment sections, news story submissions and/or all other areas of the site accessible by the general public. Text comments, images and any other Content posted on eptiv.com by registered users may not be reposted or broadcast without the express written permission or license from eptiv.com, and must attribute eptiv.com as the source.

All users of eptiv.com certify and warrant that any Content he/she submits is his/her work and is not claimed by another. The user agrees to insure that any work provided is correct, error free and does not contain any inflammatory language, indecency or obscenities. Furthermore, if the work is found to be illegally presented, claimed by another, or forged, eptiv.com may remove such material and terminate user’s account, at eptiv.com’s sole discretion. To the extent eptiv.com is able to identify persons who are responsible for repeat postings of material in violation of copyright law or or other terms of this Agreement, eptiv.com reserves the right to terminate accounts of such repeat violators.

Disclaimer of Warranties. eptiv.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed by using the Website. eptiv.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material, including without limitation any User Editor content and any other user generated content. eptiv.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the Website.

The eptiv.com website, and all materials, information, products and services included in the websites are provided “as is,” with no warranties whatsoever. By law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Eptiv.com and its licensors disclaim any warranties regarding the security, reliability, timeliness, and performance of the Website. Eptiv.com and its licensors disclaim any warranties for any information or advice obtained through the Website. Eptiv.com and its licensors disclaim any warranties for any information or advice obtained from user editor’s comments. Eptiv.com and its licensors disclaim any warranties for services or goods received through or advertised on the Website or received through any links provided by the Website, as well as for any information or advice received through any links provided in the Website.

You understand and agree that you download or otherwise obtain material or data through the use of the Website at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

limitation of liability. under no circumstances shall eptiv.com or its licensors be liable to any user on account of that user’s use or misuse of or reliance on the Website arising from any claim relating to this agreement or the subject matter hereof. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if eptiv.com or its licensors have been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Website, from inability to use the Website, or from the interruption, suspension, or termination of the Website (including such damages incurred by third parties). This limitation shall also apply with respect to damages incurred by reason of other services or goods received through or advertised on the Website or received through any links provided in the Website, as well as by reason of any information or advice received through or advertised on the Website or received through any links provided in the Website. This limitation shall also apply, without limitation, to the costs of procurement of substitute goods or services, lost profits, or lost data. Such limitation shall further apply with respect to the performance or non-performance of the services or any information or merchandise that appears on, or is linked or related in any way to, the Website. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.

Without limiting the foregoing, under no circumstances shall eptiv.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

Requests for Removal of Links or Cached Materials. eptiv.com occasionally receives requests from people to remove links from its database. Although eptiv.com reserves the right to address such requests individually, the general approach that eptiv.com takes reflects the following principles: eptiv.com’s database consist of information that has been identified, indexed and compiled through an automated process with no advance review by human beings. Given the enormous volume of web site information added, deleted, and changed on a frequent basis, eptiv.com cannot and does not screen anything made available on the Website. For each web site reflected in eptiv.com’s database, if either (i) a site owner restricts access to his or her web site or (ii) a site is taken down from the web, then, upon receipt of a request by the site owner or a third party in the second instance, eptiv.com would consider on a case-by-case basis requests to remove the link to that site from its database. However, if the operator of the site does not take steps to prevent it, the automatic facilities used to create the database are likely to find that site and index it again in a relatively short amount of time.

Hold Harmless and Indemnity. You agree to hold harmless and indemnify eptiv.com, and its employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Website, including without limitation any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Website, your use of the Website, your connection to the Website, your violation of this Agreement, or your violation of any rights of another. The foregoing includes, without limitation, indemnity for any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, eptiv.com will provide you with written notice of such claim, suit or action.

Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against eptiv.com and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising out of or in any way connected with use of the Website.

Modifications of Terms. eptiv.com shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically. To make your periodic review more convenient, we will post a date at the bottom of this page.

Intellectual Property Policy. eptiv.com respects the intellectual property rights of others and endeavors to comply with all applicable laws regarding intellectual property. Accordingly, it is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. To the extent eptiv.com is able to identify persons who are responsible for repeat postings of material in violation of copyright law, eptiv.com reserves the right to terminate accounts of such repeat infringers. Further, eptiv.com’s policy is to provide attribution for the content available on the Website by linking to the source of the content.

RSS Content/Iframe. eptiv.com offers RSS format feeds for most of the Content (including headlines and comments) provided on the Website. Attribution (included in each feed) is required as set forth below.

The RSS feeds and the Iframe syndication are provided free of charge for use by individuals and non-profit organizations for personal, non-commercial uses. In both cases, we require that you provide attribution to eptiv.com. In connection with the RSS feed, if you provide this attribution in text, please use: “News on [name of page] from eptiv.com” and a hyperlink to the eptiv.com source page. If you would prefer to provide this attribution with a graphic, please contact us so that we may provide you with the eptiv.com logo. eptiv.com attribution is built into the Iframe graphics, which attribution may not be edited, altered, or removed. We reserve all rights in and to the eptiv.com name and logo, and your right to use the eptiv.com name or logo is limited to providing attribution in connection with these RSS feeds and Iframe. We are also including the provider of each individual news story in the feed alongside each headline, along with a hyperlink to that site. Please do not alter this for display. We want our news providers to be not only attributed for their work but also receive the traffic from those interested in reading a particular story. eptiv.com also reserves the right to require you to cease utilizing either the RSS feed and/or the Iframe at any time for any reason.

Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. eptiv.com’s failure to act with respect to a breach by you or others does not waive eptiv.com’s right to act with respect to subsequent or similar breaches. The failure of eptiv.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. Notwithstanding anything to the contrary, eptiv.com may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This Agreement constitutes the entire agreement between eptiv.com and you with respect to the subject matter hereof. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this agreement.

This Agreement was last modified on July 25, 2009