ECILogo Tag

Terms of Use

The site (the "Web Site") is made available by Effective Compensation, Inc. ("ECI"). All content, information and software provided on and through the Web Site ("Content") may be used solely under the following terms and conditions ("Terms of Use").

Acceptance of Terms Through Use

ECI makes the Content available on the Web Site subject to the following terms and conditions of use (the "Terms of Use"). These Terms of Use also apply to any updates, enhancements and new features and products. By using this Web Site, you represent to ECI that you have read, understood, and agree to all terms, conditions, and notices contained or referenced in these Terms of Use and on the Web Site and agree to follow all applicable laws and regulations.

Changes in these Terms of Use

ECI may modify these Terms of Use from time to time by posting modified Terms of Use on the website. Your continued use of the Web Site thereafter will constitute agreement to such modifications. At the time of any material modifications, ECI will change the "Last Updated" date below. Please review these Terms of Use from time to time so that you are apprised of any changes.

Limitations on Use

The Content on this Web Site is for personal use only and not for commercial exploitation. You may use this site for your own personal use or your organization's internal use only. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from the Web Site or the Content. Nor may you use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users. You may not use any robot, spider, or other automatic or manual device or process to monitor or copy the Web Site or the Content without ECI's prior written permission. You may not print, download, copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of the Web Site, except to the extent permitted above. You may not use or otherwise export or re-export the Web Site or any portion thereof, the Content or any software available on or through the Web Site in violation of the export control laws and regulations of the United States of America. Any unauthorized use of the Web Site or the Content is prohibited.

Intellectual Property Rights

All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided in this Terms of Use or the Site, ECI does not grant any express or implied rights to you under any patent, copyright, trademark, or trade secret information. Accordingly, any unauthorized use of the Web Site or the Content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity.

Submissions

All comments, feedback, information, and materials submitted to ECI through the website ("Submissions") will be considered the non-confidential property of ECI. By providing a Submission to ECI, you automatically grant ECI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adopt, publish, edit (for length or clarity), translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now know or later developed for the full term of any rights that my exist in such content. ECI reserves the right to remove any content submitted to the Web Site at any time for any reason. ECI specific products are covered in Other Agreements.

Other Agreements

In the event you enter into an agreement with ECI product specific terms, such agreement will apply.

Errors and Corrections

ECI does not represent or warrant that the Web Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. ECI does not warrant or represent that the Content and any information available on or through the Web Site will be correct, accurate, timely, or otherwise reliable. ECI may make changes to the Content or the Web Site at any time.

Third-Party Links and Related Disclaimer

The Web Site may include links to other web sites beyond the control of ECI. ECI provides you with these links solely for your convenience. The provision of any link to another service provider does not signify an endorsement by ECI of the service provider's web site or the services offered by that service provider. ECI has no control over, does not review, and cannot be responsible for the information contained on other web sites. Your use of such web sites will be subject to that web site’s terms and conditions. YOU AGREE THAT ECI WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH ANOTHER WEB SITE.

Potential Disruption of Service

Access to the Web Site may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of ECI.

DISCLAIMER

THE WEB SITE AND THE CONTENT IS PROVIDED ON AN "AS-IS" BASIS. ECI EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ECI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS WEB SITE AND THE CONTENT, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) ANY THIRD-PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS WEB SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM; (C) THE UNAVAILABILITY OF THE WEB SITE OR ANY PORTION THEREOF; (D) YOUR USE OF THIS WEB SITE; OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE WEB SITE.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ECI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES RESULTING FROM OR IN ANY WAY CONNECTED TO YOUR ACCESS TO, USE, INABILITY TO USE, OR RELIANCE ON THE ECI WEB SITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEB SITE. FOR THOSE JURISDICTIONS THAT EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS, THIS LIMITATION SHALL BE CONSTRUED TO PERMIT THE MAXIMUM EXCLUSION OR LIMITATION PERMITTED BY APPLICABLE LAW.

Unlawful Activity

ECI reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action we deem appropriate.

Remedies for Violation

ECI reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including but not limited to the right to block access from a particular Internet address to the ECI Web sites and their features.

Governing Law

These Terms of Use have been made in and shall be construed and enforced in accordance with Colorado law without regard to the conflict of law provisions thereof. Any action to enforce this agreement shall be brought in the appropriate United States federal or local courts with jurisdiction in Denver, Colorado.

Severability and Integration

Unless otherwise specified in these Terms of Use or the Web Site, these Terms of Use constitute the entire agreement between you and ECI with respect to the Web Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ECI with respect to the Web Site. If any part of these Terms of Use is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect.

Modifications to Terms of Use

ECI reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Web Site and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued use of the Web Site after any such changes constitutes your acceptance of such changes.

Non-Waiver

ECI’s failure to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of that right or provision.

Assignment

ECI may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign these Terms of Use or assign, transfer or sublicense your rights, if any, in the Content.

Last Updated February 1, 2013

No part of this Web Site may be reproduced or transmitted in any form or by any means, electronic or mechanical, which includes but is not limited to facsimile transmission, photocopying, recording, rekeying or using any information storage or retrieval system, without express written permission from the copyright owner.