If you have entered into a written agreement with EFH, these terms and conditions will supplement such agreement. If there is a conflict between the provisions of these terms and conditions and written agreement, and unless otherwise expressly agreed by the parties in writing that specific terms of these terms and conditions shall supersede specific provisions of the written agreement, then the provisions of the written agreement shall prevail.
- 1. Intellectual Property Notices
All content on the Services, including the logo, articles, documents, designs, specifications, other text and graphics on the Site (collectively, the “Site Content”) is the intellectual property of EFH. The Site Content available on these Services is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of EFH. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. EFH reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by EFH.
- 2. Service Eligibility
You represent and warrant that (a) you are not under the age of 18; (b) you have not previously been suspended or removed by EFH; (c) you are not a direct competitor of EFH; (d) you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; (e) you understand that the use of the Services is at your own risk; or (f) it is illegal or prohibited in your country of origin for you to access or use this Site and/or Services.
- 3. General Terms and Conditions
- a. You must provide correct and complete personal and business information if requested by us if you use the Site or certain features on the Site. As part of your use of the Services, you may be required to submit certain content (including any name, contact information, business information, and other personal information), or registration details or other information to use the Services (collectively, the “User Content”).
b. By submitting any information to us, you represent and warrant that:
i. such User Content is accurate, complete, current, and is not in violation of any contractual restrictions or other third-party rights.
ii. You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
iii. All of your User Content do and will comply with these Terms and Conditions.
iv. You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not EFH, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
You acknowledge and agree that we are not responsible or liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Site.
- c. You acknowledge, consent and agree that we may access, preserve, and disclose your information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third-parties; (iv) respond to your requests for customer service; or (v) protect the rights, property, or personal safety of EFH, its users and the public.
d. Certain materials may be made available through a password protected area on this Site. We may allow you to register and obtain an account (a “User Account”) to access such materials. If you choose, or are provided with, a username, password for your User Account, or any other piece of information as part of our security procedures. You must treat your User Account and its username and password as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your User
Account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your User Account or any other breach of security.
e. We have the right to disable any User Account, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
- 4. Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- a. Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Services.
- b. Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment or service of the Services.
- c. Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Services that in any way affects the use, enjoyment or service of any user’s or EFH employee’s computer or other medium used to access the Services.
- d. Transmit, install, upload or otherwise transfer any material to the Services that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. EFH reserves the sole discretion to determine the nature of the material.
- e. Transmit, install, upload or otherwise transfer to the Services any content (including any User Content) that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- f. Modify the information, including headers, found on the Services.
- g. Transmit, install, upload or otherwise transfer to the Services any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- h. Engage in any action that imposes an unreasonable or disproportionately large load on the Services, or that EFH determines is detrimental to the use and enjoyment of the Services.
- i. Use the Services for any unlawful or defamatory means.
- j. Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
- 5. INDEMNITY
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS EFH AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY), OR THE USER CONTENT. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
- 6. DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. SITE, THE SITE CONTENT, AND ANY SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. EFH DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EFH MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, THE SITE CONTENT, AND ANY SERVICES.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM EFH, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
- 7. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, EFH IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH EFH, EVEN IF EFH HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR ANY SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
- 8. Termination of Service
We reserve the right, at our sole discretion, to terminate any and all Services provided to you at any time without notice for any reason. We also reserve the right, at our sole discretion, to discontinue any Service or modify any Service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate Services to you, and to deactivate your User Account, if applicable. We shall not be liable to you or any third party if we terminate your User Account and you agree to hold us harmless and indemnify us from any third-party claims arising from the termination of your account. You agree that any material breach of this Agreement will result in irreparable harm to EFH for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, EFH will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if EFH seeks such an injunction.
- 9. Advertisements and Promotions
EFH may run advertisements and promotions from third parties on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than EFH found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. EFH is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-EFH advertisers on the Services.
- 10. Third Party Content
You may find links to other Internet sites or resources on the Site, the Site Content, or the Services. You acknowledge and agree that EFH is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such sites or resources. EFH will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.
- 11. Controlling Law
- 12. Entire Agreement
- 13. Contact Us
If you have a comment or question about this Agreement, please contact us at the contact information listed below:
10 West Market Street, Suite 3050,
Indianapolis, IN 46204,
+1 317 429 3500