eChips Online, LLC - LEGAL AGREEMENT
Terms: This Legal
Agreement is effective upon receipt and acceptance of a Member Application Form
by eChips Online, LLC (the Company), and shall continue until either party terminates
this agreement.
Either party may terminate
this agreement for any reason or no reason at all, upon written notice to the other
party. Notice sent by e-mail by either party shall confirm to the written notice
requirement.
Member agrees that the Company,
in its sole discretion, shall have the right to terminate the Member's access to
the Company's website at any time, for any reason, and that the Company shall not
be obligated to disclose the reason to the Member or refund any part of the membership
fee, which is nonrefundable.
Access Agreement:
This agreement does not transfer any rights of the Company, nor does it create a
license. By accessing the Company's website, each Member expressly acknowledges
acceptance of the terms of this agreement. The Member agrees that the Company has
the right to deny any individual access to its website. Unauthorized access to the
Company's website is expressly forbidden.
e-Chips Online's website
is protected pursuant to Federal Copyright Laws of the United States of America.
Any reproduction or distribution of this website information, by, for, or to any
third party, without written authorization of e-Chips Online, LLC, is expressly
forbidden.
Confidentiality &
Disclosure: Each member understands and agrees that information disclosed through
the Company's website includes trade secret and other proprietary information belonging
to e-Chips Online, LLC. The member agrees not to copy or disclose to any third party,
in whole or in part, any portion of the information and/or software associated with
this website.
MEMBER FURTHER AGREES
THAT ANY USENAME AND PASSWORD SUPPLIED TO THE MEMBER ARE NON-TRANSFERABLE AND MAY
ONLY BE USED BY THOSES PARTIES EXPRESSLY NAMED IN THIS AGREEMENT.
The provisions of this Confidentiality
and Disclosure section of this agreement shall survive the termination of this agreement
for a term of two years, commencing on the date of the written notice of termination.
Disclaimer: The Company
assumes no liability for losses incurred in the use or application of the software
or the data contained therein. The Company shall not be liable for any direct, indirect,
special, incidental, or consequential damages, whether based on contract, tort,
or any other legal theory, arising out of the sale, service, furnishing performance
or use of any information, data or materials sold or provided under this agreement.
The provisions of this Disclaimer
section shall survive the termination of this agreement for a term of two years,
commencing on the date of the written notice of termination.
General Provisions:
The failure of either party to insist upon the performance of any provisions of
this agreement or to exercise any right or privilege granted that party shall not
be construed as waiving any such provision and the same shall continue in force.
This agreement shall be binding
upon and insure solely to the benefit of each of the parties, and no other persons
or entities shall be beneficiaries hereunder or have any rights to enforce any part
of this agreement.
If any provision of this
agreement is found to be void, the remainder of this agreement shall survive and
remain in full force and shall not be terminated, until such time as either party
provides written notice of termination.
This agreement is entered
into in the State of Washington and shall be governed by the laws of the State of
Washington.
An electronically sent agreement
shall be as valid as a written agreement.
Attorney Fees: If
any legal action is brought for the enforcement of the terms of this agreement,
the successful or prevailing party shall be entitled to recover reasonable attorney
fees and other costs incurred in that action.