Terms and Conditions
Econify LLC. Terms of Use and Conditions As of November 6, 2007 PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
OilGasParts is a place where users can post and request specific parts related to the railway industry. The services offered by Econify LLC. include the OilGasParts website (the "Site"), and any other features, content, or applications offered from time to time by Econify in connection with the site (collectively, the "Econify Services"). The Econify Services are hosted in the United States of America. By accessing or using the Econify Services at http://www.oilgasparts.com , you (the "User" or "Member") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of OilGasParts . We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Site and discontinue use of the Econify Services immediately. If you wish to become a User, communicate with other Members, post items and make use of the Services, you must comply with this Agreement.
--Eligibility--
Membership in Econify Services is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Site by anyone under 18 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 18 and that you agree to and to abide by all of the terms and conditions of this Agreement. This Site is intended solely for users who are present in the RailRoad Industry. Econify may remove any users or companies that in the sole judgement of Econify do not participate in the Railroad Industry.
--Waiver of Liability--
Please choose carefully the information you post on http://www.oilgasparts.com and that you provide to other Users. Your OilGasParts profile may not include the following items: vulgar language, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other OilGasParts Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and Econify assumes no responsibility or liability for this material. Econify takes no responsibility in the validity, practicability, safeness, or effectiveness of the Items posted by OilGasParts users. You assume all the risks associated with purchasing an Item, including business and personal activities. Econify reserves the right, in its sole discretion, to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to all or any part of the Econify Services at any time, for any or no reason, with or without prior notice, and without liability. Econify expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of Econify Services if Econify determines, in its sole discretion, that you pose a threat to OilGasParts and/or its Users.
--Term--
This Agreement shall remain in full force and effect while you use the Econify Services or are a Member. You may terminate your Membership at any time, for any reason, by sending an e-mail requesting deletion of your account to sales@econify.com. Econify may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
--Registration Data; Account Security--
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Econify, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Econify immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
--Proprietary Rights in Site Content; Limited License--
All content on the Site and available through the Econify Service, including but not limited to Item Listings, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of Econify, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Econify LLC's prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the OilGasParts Site or the Site Content other than as specifically authorized herein, without the prior written permission of Econify LLC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice, with or without cause.
--Trademarks--
OilGasParts, Econify, and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.
--User Conduct--
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Econify to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Econify by the copyright owner or the copyright owner's legal agent. In addition, you agree not to use the Service or the Site to: -harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; -use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site; -use automated scripts to collect information from or otherwise interact with the Service or the Site; -upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable; -register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; -impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; -upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; -upload, post, transmit, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; -solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; -upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; -intimidate or harass another; -upload, post, transmit, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; -use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site. -upload, post, transmit, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
You agree that you will not distribute your email address using the Econify message system or otherwise try to circumvent the Econify Services.
--Content Posted--
Econify may delete any Content that in the sole judgment of Econify violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Econify assumes no responsibility for monitoring the Econify Services for inappropriate Content or conduct. If at any time Econify chooses, in its sole discretion, to monitor the Econify Services, Econify nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the Econify Services, and any material or information that you transmit to other Members and for your interactions with other Users. Econify does not endorse and has no control over the Content. Content is not necessarily reviewed by Econify prior to posting and does not necessarily reflect the opinions or policies of Econify LLC ECONIFY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONTENT OR THE ACCURACY AND RELIABILITY OF THE CONTENT OR ANY MATERIAL OR INFORMATION THAT YOU TRANSMIT TO OTHER MEMBERS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE INFORMATION THAT IS POSTED ON OilGasParts.
--Privacy--
Use of the Econify Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
--User Content Posted on the Site--
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content.
--Disclaimers--
Econify LLC is not responsible for any incorrect or inaccurate Content posted on the OilGasParts Website or in connection with the Econify Services, whether caused by Users of the Econify Services or by any of the equipment or programming associated with or utilized in the Econify Services. ITEMS THAT ARE POSTED BY USERS ARE NOT ENDORSED BY ECONIFY OR VERIFIED FOR ACCURACY. Profiles created and Items posted by Members on the OilGasParts Website may contain links to other websites. Econify is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Econify. Inclusion of any linked website on the Econify Services does not imply approval or endorsement of the linked website by Econify. When you access these third-party sites, you do so at your own risk. Econify takes no responsibility for third party advertisements which are posted on this OilGasParts Website or through the Econify Services, nor does it take any responsibility for the goods or services provided by its advertisers. Econify is not responsible for the conduct, whether online or offline, of any User of the Econify Services. Econify assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Econify is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Econify Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Econify Services. Under no circumstances shall Econify LLC be responsible for any loss or damage, including personal injury or death, resulting from use of the Econify Services, attendance at a OilGasParts event, from any Content posted on or through the Econify Services, or from the conduct of any Users of the Econify Services, whether online or offline. The Econify Services are provided "AS-IS" and as available and Econify Inc expressly disclaims any warranty of fitness for a particular purpose. ECONIFY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE ECONIFY SERVICES.
--Limitation on Liability--
IN NO EVENT SHALL ECONIFY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR INFORMATION DERIVED THEREFROM, EVEN IF ECONIFY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ECONIFY LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ECONIFY FOR THE ECONIFY SERVICES DURING THE TERM OF MEMBERSHIP.
--Disputes--
If there is any dispute about or involving the Econify Services, you agree that the dispute shall be governed by the laws of the State of Maryland, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Maryland, City of Rockville. Either Econify or you may demand that any dispute between Econify LLC and you about or involving the Econify Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Rockville, Maryland, USA, provided that the foregoing shall not prevent Econify from seeking injunctive relief in a court of competent jurisdiction.
--Indemnity--
You agree to indemnify and hold Econify, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Econify Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the OilGasParts Website or through the Econify Services causes Econify LLC to be liable to another.
--Submissions--
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Econify are non-confidential and shall become the sole property of Econify. Econify shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
--Other--
This Agreement is accepted upon your use of the OilGasParts Website or any of the Econify Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Econify regarding the use of the Econify Services. The failure of Econify LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. OilGasParts is a trademark of Econify, LLC This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. YOUR USE OF OilGasParts INDICATES THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
