Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ANY AMENDMENTS THERETO, AND AGREE THAT YOU ARE AT LEAST 13 YEARS OF AGE AND ELIGIBLE TO USE THIS SITE.

IF YOU ARE 13 TO 17 YEARS OF AGE, YOU MUST USE THIS SITE ONLY WITH THE INVOLVEMENT OF YOUR PARENT OR GUARDIAN. IF YOU DO NOT AGREE TO THE TERMS OF USE, PLEASE DO NOT USE THE SITE.

Welcome to eThink Technologies L.L.C. and its related sites (the "Site"), provided by eThink Technologies L.L.C. These Terms of Use and any amendments thereto (the "Terms") govern your use of this Site and its related domains on which this document appears. The Terms may be changed in the future without further notice. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms. These Terms apply exclusively to your access to, and use of, the Site and do not alter in any way the terms or conditions of any other agreement you may have with eThink Technologies L.L.C. for products, services or otherwise.

Privacy Policy

Users of this Site should refer to eThink Technologies L.L.C. Privacy Policy for information about how eThink Technologies L.L.C. uses and collects information. You agree that eThink Technologies L.L.C. may disclose your personal information to a third party if eThink Technologies L.L.C. believes in good faith that the law or legal process requires it, to protect the rights or property of eThink Technologies L.L.C. or others, or as otherwise described in the Privacy Policy for eThink Technologies L.L.C.

Product Information

For questions about the Products on this Site, please use the customer service e-mail links found on each Product page or section. For questions about orders placed through the Site, please use the customer service link in the e-mail receipt you receive or by visiting the online Customer Service Center.

Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS.

YOU ACKNOWLEDGE THAT eThink Technologies L.L.C. DOES NOT CONTROL IN ANY RESPECT ANY ADVERTISEMENTS, PRODUCT DESCRIPTIONS, PRODUCTS, OR CONTENT OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION OR PRODUCTS PROVIDED BY LICENSE TO eThink Technologies L.L.C. FROM THIRD PARTIES. EXCEPT AS OTHERWISE AGREED IN WRITING, eThink Technologies L.L.C. AND THE AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS (INCLUDING PRODUCT DESCRIPTIONS) DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. NOR DOES eThink Technologies L.L.C. MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT.

CERTAIN WARRANTIES IN REGARD TO PARTICULAR PRODUCTS FOR SALE ON THE SITE MAY BE APPLICABLE THROUGH MANUFACTURERS' WARRANTIES, THOUGH NOT THROUGH eThink Technologies L.L.C. SEE THE WARRANTIES INCLUDED IN THE DOCUMENTATION ALONG WITH THE PRODUCTS FOR FURTHER DETAILS REGARDING WARRANTIES PROVIDED BY MANUFACTURERS OF PRODUCTS AVAILABLE THROUGH THE SITE.

ALTHOUGH eThink Technologies L.L.C. STRIVES TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SITE, eThink Technologies L.L.C. DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS THAT THIS SITE IS FREE OF DESTRUCTIVE MATERIALS. IN ADDITION, eThink Technologies L.L.C. DOES NOT WARRANT THAT ACCESS TO THIS SITE WILL BE UNINTERRUPTED TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED.

eThink Technologies L.L.C. DISCLAIMS ANY WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The terms of this section survive any termination of the Terms.

Limitations on Liability

IN NO EVENT, INCLUDING WITHOUT LIMITATION NEGLIGENCE, SHALL eThink Technologies L.L.C. OR THE AFFILIATES BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (I) THE SITE; (II) THE USE OR INABILITY TO USE THIS SITE; (III) THE PURCHASE OR USE OF ANY PRODUCTS THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO THE SAFETY OR FUNCTION OF ANY PRODUCT; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED; (V) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, OR FILE CORRUPTION OR SERVICE INTERRUPTIONS; OR (VI) OTHERWISE UNDER THIS AGREEMENT, EVEN IF eThink Technologies L.L.C. OR ITS REPRESENTATIVES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, eThink Technologies L.L.C. LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO eThink Technologies L.L.C. FOR ANY PRODUCTS SUPPLIED BY eThink Technologies L.L.C. THROUGH YOUR USE OF THE SITE.

eThink Technologies L.L.C. will not be liable in any amount for failure to perform any obligation under these Terms if such failure is caused by the occurrence of any unforeseen contingency beyond its reasonable control, including without limitation Internet outages, communications outages, fire, flood or war.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

The terms of this section survive any termination of the Terms.

Copyright and Trademarks

All Site materials, including, without limitation, the eThink Technologies L.L.C. logos, design, text, graphics, software, other files, and the selection and arrangement thereof (the "Content") are Copyright © 2004 eThink Technologies L.L.C. ALL RIGHTS RESERVED. eThink Technologies L.L.C. or its suppliers or licensors own and retain other proprietary rights in all Products available through the Site. Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of eThink Technologies L.L.C. or the respective copyright owner. Permission is granted to display, copy, and download the materials on this Site for your personal, noncommercial and informational use only; provided that you may not, without the permission of eThink Technologies L.L.C. or the respective copyright owner, (a) copy, publish or post any materials on any computer network or broadcast or publications media, (b) modify the materials or (c) remove or alter any copyright or other proprietary notices contained in the materials. Such permission also does not include, without limitation: (a) any sale, resale or commercial use of the Site, its content, or services obtained through the Site; (b) the collection and use of any Product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots or similar data gathering and extraction methods. Except as noted in this section, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of eThink Technologies L.L.C. or any third party.

Trademarks: The following are trademarks of eThink Technologies L.L.C. in the United States and other countries: eThink Technologies L.L.C., eThink Technologies, the logos, and the Products described on this Site. These trademarks may not be copied, imitated or used, in whole or in part, without the prior written permission of eThink Technologies L.L.C. or the rights holder. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of eThink Technologies L.L.C., and may not be copied, imitated or used, in whole or in part, without the prior written permission of eThink Technologies L.L.C. Other names and brands may be claimed as the property of others.

Linked Sites

eThink Technologies L.L.C. makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of eThink Technologies L.L.C. and eThink Technologies L.L.C. is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. The inclusion of any link does not imply affiliation, endorsement or adoption by eThink Technologies L.L.C. of the site or any information contained therein. When leaving the Site, you should be aware that eThink Technologies L.L.C. Terms and policies no longer govern, and therefore you should review the applicable terms and policies, including privacy and data-gathering practices, of that site.

User Conduct

In using this Site, you agree:

• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked sites;
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites;
• Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files;
• Not to use, frame or utilize framing techniques to enclose any eThink Technologies L.L.C. trademark, logo or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page) without eThink Technologies L.L.C. express written consent;
• Not to use meta tags or any other "hidden text" utilizing a eThink Technologies L.L.C. name, trademark or product name without eThink Technologies L.L.C. express written consent;
• Not to deeplink to this Site without eThink Technologies L.L.C. express written consent;
• Not to create or use a false identity on this Site;
• Not to collect or store personal data about others; and
• Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.
• Not to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violative of any law. You also agree not to post any copyrighted material unless the copyright is owned by you or by eThink Technologies L.L.C.

In addition, you agree that you will comply with all applicable local, state, national and international laws and regulations, including but not limited to United States export restrictions, that relate to your use of or activities on this Site.

Copyright Policy and Copyright Agent

It is eThink Technologies L.L.C. policy to respect the copyright and intellectual property rights of others. eThink Technologies L.L.C. may remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, eThink Technologies L.L.C. may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. If you believe that eThink Technologies L.L.C. or any user of our Site has infringed your copyright in any material way, please notify eThink Technologies L.L.C., and provide the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• An identification of the copyrighted work claimed to have been infringed;
• An identification of the material that you claim is infringing so that we may locate it on the Site;
• Your address, telephone number and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
• Please direct inquiries regarding copyright issues by e-mail to: legal@ethink.net

Indemnification

You agree to indemnify and hold harmless eThink Technologies L.L.C., its parents, subsidiaries, officers, directors, employees, agents, and suppliers from any claim, action, demand, loss or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your use of the Site, your violation of these Terms, or your violation of any rights of a third party. The terms of this section will survive any termination of the Terms.

SEC Disclosure

The information contained within press releases issued by eThink Technologies L.L.C. should not be deemed accurate or current except as of the date the release was posted. eThink Technologies L.L.C. has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements, and is subject to material risk.

Changes to the Site

eThink Technologies L.L.C. may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any aspect of the Site or any Products available through the Site, temporarily or permanently, including the availability of any features of the Site or access to any parts of the Site, at any time without notice to you, and you agree that eThink Technologies L.L.C. shall not be liable therefor.

International Users

This Site is controlled, operated and administered by eThink Technologies L.L.C. from its offices within the United States of America. eThink Technologies L.L.C. makes no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or Products available through the Site are illegal is prohibited. You may not use the Site or export the content or Products in violation of U.S. export laws and regulations. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.

Applicable Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to the Terms or your use of the Site shall be filed only in the Superior Court of Los Angeles County, California, or the United States District Court for the Southern District of California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Terms. The terms of this section survive any termination of the Terms.

Termination

Notwithstanding any of these Terms, eThink Technologies L.L.C. reserves the right, without notice and in its sole discretion, for any reason or no reason, to terminate your license to use this Site and to block or prevent future access to and use of this Site. You agree that eThink Technologies L.L.C. shall not be liable for any termination of your use of or access to the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

The terms of this section survive any termination of the Terms.

Language

It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.

General

The Terms constitute the entire agreement between eThink Technologies L.L.C. and you with respect to your use of the Site. Any cause of action you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises, notwithstanding any statutes of limitation to the contrary. Any failure by eThink Technologies L.L.C. to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.

Nothing in these Terms will be construed as creating a joint venture, partnership, employment or agency relationship between you and eThink Technologies L.L.C., and you do not have any authority to create any obligation or make any representation on eThink Technologies L.L.C. behalf. You may not assign this agreement, by operation of law or otherwise, without eThink Technologies L.L.C. written consent. Subject to the foregoing, these Terms will be binding on, inure to the benefit of and be enforceable against you and eThink Technologies L.L.C. and their respective successors and assigns. The terms of this Section will survive any termination of the Terms.