eFYI Solutions Terms of Use

Terms of Use

Companio Services Terms of Use Agreement Copyright© 2006-2008 eFYI Solutions LLC
Alll Rights Reserved.

DEFINITIONS “You” and “End User” refers to the person, entity or organization that is using the software known as “Companio”, and any successor or assignee of same.

“Organization” refers to the organization you are affiliated with and which has signed an agreement with eFYI Solutions LLC.

“eFYI” refers to eFYI Solutions LLC and its successors, creator and owner of this software.

“Software Application” refers to the Companio software and associated media and printed materials and may include ‘online’ or electronic documentation.

AGREEMENT This agreement applies to the Companio software application and documentation developed by eFYI Solutions LLC (“eFYI”).

IMPORTANT READ CAREFULLY: This Agreement is intended to be a legal agreement between End Users and the Authors for the Software Application identified above which includes computer software and associated media and printed materials and may include “online” or electronic documentation (hereinafter called the “Software Application”).

After reading this Agreement, if You do not agree to all of the terms of this Agreement, you may not use this Software.

You are responsible for the quality and content of the information that you enter into and/or modify in the Software Application. You are responsible for maintaining the confidentiality of the information according to the rules of your Organization. You are responsible for using the Software Application in an appropriate way and in the manner for which it was intended.

You are responsible for protecting your User ID and Password to prevent unauthorized use of the Software Application.

You shall not nor shall you allow any third party to (a) intentionally access or attempt to access data not intended for Organization’s or such End User’s use, (b) log into an account for which Organization or such End User is not authorized, (c) attempt to probe, scan, or test the vulnerability of Companio Services, (d) attempt to breach security or authentication measures without proper authorization or interfere with Companio Services, (e) take any action in order to obtain Companio Services to which Organization or End User is not entitled, (f) use Companio Services to create, transmit, distribute or store material or otherwise in a manner that: (i) violates the intellectual property rights of another or a third party, (ii) violates the privacy, publicity, or other personal rights of any individual, (iii) impairs the privacy of communications, or (iv) violates any applicable law, rule, regulation or ordinance; or (g) assist or permit any person in engaging in any of the foregoing activities. You shall not reverse engineer, decompile, disassemble or extract (as applicable) or create any derivative work or product based on or derived from the Companio Software Application or any related documentation.

Without prejudice to any other rights eFYI may terminate this Agreement if the End User fails to comply with the terms and conditions of this Agreement.

OWNERSHIP OF SOFTWARE AND COPYRIGHTS The Software Application is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software.

All rights, title and copyrights in and to the Software Application are owned by eFYI.

eFYI may make changes to the Software at any time without notice as indicated in the contract with the Organization.

DISCLAIMER OF WARRANTIES The software and information are provided “AS IS” and without warranty of any kind. To the fullest extent permitted by law, all express and implied conditions, representations and warranties, including but not limited to any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent these disclaimers are held to be legally invalid.

LIMITATIONS OF LIABILITY Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall eFYI be liable to Organization for any indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or the use of the Companio Services including, without limitation, damages for loss of goodwill, work stoppage, or any and all other damages or losses. This limitation of liability shall not apply to the extent applicable law prohibits such limitation.