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Terms and Use of the Execupay Web Site
Use of Execupay Online Services
Execupay Services, LLC (“Execupay”) provides this Web site (the “Site”) including all information, documents, communications, files, text, graphics, software, and products available through the Site (collectively, the “Materials”) and all services operated by Execupay and third parties through the Site (collectively, the “Services”), available for your information and use, subject to the terms set forth below and any changes to this page that Execupay may publish from time to time (collectively, the “Terms of Use”).By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
General Terms
Information provided on the Site is provided as is, with no warranty as to accuracy or content.
Execupay does not adopt or endorse the views of third party Web sites linked to, or from, the Execupay Site.
Execupay reserves the right to change, modify, add, or remove any of the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion,and will provide notice of material changes on the home page of the Site. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules, and guidelines posted on the Site at the time of such use. You should periodically check the “Terms of Use” link on the Site’s home page to view the then-current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
Intellectual Property; Limited License to Users
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and the Terms of Use. Except as expressly provided herein, Execupay and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
Use of Software
The software and accompanying documentation that is made available to download from this Site is the copyrighted and/or patented work of Execupay and/or its suppliers. Use of the software is governed by the terms of the license agreement that accompanies or is included with such software. You will not be able to download or install any software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. If you do not agree to such terms, you will not be able to use the software. Absent a license agreement that accompanies the software, use of the software will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software available on the Site.
Trademark Information
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Execupay or other third parties. You are not permitted to use the Marks without the prior written consent of Execupay or such third party that may own the Marks. Execupay and the Execupay logo are trademarks of Execupay Services, LLC, Execupay Software, LLC, or Execupay Holdings, LLC. Some software products marketed by Execupay and its suppliers contain proprietary software components of other software vendors: Microsoft®, WINDOWS®, NT®, EXCEL®, Word®, Outlook® and SQL Server® are registered trademarks of Microsoft Corporation. Crystal Reports® are registered trademarks of SAP AG in Germany and in several other countries all over the world. All other products mentioned are trademarks or registered trademarks of their respective companies.
Internation Users
This Site can be accessed from countries around the world and may contain references to Execupay products, services, and programs that are not available in your country. These references do not imply that Execupay intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by Execupay from its offices within the United States of America. Execupay makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
Personal Information and Privacy
To learn about how Execupay protects your personal information, such as your name and address, refer to the Execupay Online Privacy Policy. Except as set forth in the Privacy Policy or in the Terms of Use, your personal information will be deemed to be confidential. You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Execupay or others, or as stated in our Privacy Policy.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EXECUPAY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EXECUPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Export Control laws; Notice to U.S. Government Users
The export and re-export of Execupay software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Execupay software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a Execupay software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All Execupay products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Indemnity and Liability
You agree to indemnify and hold Execupay, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any computer viruses), your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.
Governing Law and Jurisdiction
This Site is controlled by Execupay from its offices within the state of Texas, United States of America. By accessing this Site, you and Execupay agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. You and Execupay also agree and hereby submit to the exclusive personal jurisdiction and venue of Bexar County District Court and the United States District Court for the Western District of Texas with respect to such matters.
Third Party Software Downloads
Execupay makes no warranty of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose for third party downloaded software. Furthermore, Execupay disclaims any liability for loss or damage that may occur directly or indirectly from the use of third party downloaded software. You agree to accept the third party downloaded software as is, and assume all risk and expense resulting from use or possession. You also agree to indemnify, defend, and hold harmless Execupay, its officers, agents, and employees from and against any and all claims, liability, loss, damage, or expense, including reasonable attorney’s fees, arising from or by reason of your use or possession of the third party downloaded software.
Discussion Areas
Execupay operates discussion areas in a good faith attempt to foster open communication via the Internet. Execupay requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. Execupay reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; Execupay does not necessarily support or endorse any such views. Furthermore, Execupay is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.
General
The Terms of Use and other rules, guidelines, licenses, and disclaimers posted on the Site constitute the entire agreement between Execupay and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Execupay to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.