Terms & Conditions
These Terms of Service (“Terms of Service”) are agreed to between e2f, Inc., and its affiliates and subsidiaries (collectively, “e2f”) and you, or if you represent an entity or other organization, that entity or organization (also, “You” or “Your”). e2f offers users who abide by the Terms of Service (“Users”) the ability to access and contribute to specific jobs and projects; access other related information, data, communications, and content (“Content”); and utilize account registration, other functionality and services (“Services”) described on the e2f platform in which these Terms of Service are located (the “Platform”). The Platforms are accessed through this URL’s provided by e2f or other websites operated by e2f (each, a “Website”). The Terms of Service apply to the Platform, Content, and Services available through the Platform, regardless of the Website through which You access or use the Platform, Content, or Services.
PLEASE READ THE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PLATFORM, CONTENT OR SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, E2F IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, CONTENT OR SERVICES AND YOU MUST NOT ACCESS OR USE THE PLATFORM, CONTENT OR SERVICES.
The Terms of Service include the terms and conditions below and the applicable privacy statement located at https://www.e2f.com/privacy-statement (the “Privacy Statement”) as they relate to the Platform, Content, Services and Website. You are responsible for compliance with the Terms of Service (including the Privacy Statement).
Unless You enter into a different agreement(s) with e2f regarding the Platform, Content or Services, the Terms of Service are the complete and exclusive agreement between You and e2f regarding Your access to and use of the Platform, Content and Services. The Terms of Service supersede any prior agreement or proposal, oral or written, and any other prior communications between You and e2f relating to Your use of the Platform, Content or Services as a User of the Platform.
1. DEFINITIONS
Some terms used in the Terms of Service are defined herein, or if not, have their plain English meaning as commonly interpreted in the United States even if e2f provides a translated version. To the extent any ambiguity or inconsistency exists between the English version of the Terms of Service and a version in any other language, the English (as interpreted in the United States) version of the Terms of Service controls.
2. TERM
The Terms of Service are effective as of the date You first accessed the Website or used the Platform, Content or Services (the "Effective Date") and will continue until terminated as set forth herein.
3. MODIFICATIONS
e2f reserves the right, at any time, to modify the Terms of Service, Platform, Content or Services, with or without notice, by making those modifications available on the Platform. e2f will inform You of any changes to the Terms of Service by posting those changes on the Platform or by providing You with notice through the Platform. You are encouraged to review the Terms of Service and regularly check for any updates. Any modifications will be effective immediately upon posting on the Platform or delivery of such notice through the Platform. You may terminate the Terms of Service as set forth below or as otherwise agreed in writing between You and e2f if You will not agree to any such modifications. However, You will be deemed to have agreed to any and all modifications through Your continued use of the Platform, Content or Services following such notice.
4. ACCOUNTS
a. Access To Platform Through Accounts. Subject to the terms of the Terms of Service, access to the Platform requires that You register as a User of the Platform and establish a User account on the Platform (an “Account”). Approval of Your request to establish and maintain any Account will be at the sole discretion of e2f.
Accounts. Upon Your request, e2f shall permit You to establish an Account on the Platform. Your User identification and password for Your Account (Your “Account ID”) is personal in nature. Any Account is for Your personal use. You may not distribute or transfer Your Account or Account ID or provide a third party with the right to access Your Account or Account ID. You are solely responsible for all use of the Platform, all Content and all Services utilized through Your Account. You must ensure the security and confidentiality of Your Account ID and will notify e2f immediately if Your Account ID is lost, stolen or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of Your Account or under Your Account ID (whether lawful or unlawful) and any transactions completed through Your Account or under Your Account ID will be deemed to have been lawfully completed by You.
Account Information. When establishing Your Account, You will be requested to submit personal information about Yourself (“Account Information”). You agree that: (a) all Account Information You provide will be accurate, complete and current; and (b) You will maintain and promptly update Your Account Information to keep it accurate, complete and current. You may not: (i) select or use an Account ID of another person with the intent to impersonate that person; and (ii) use an Account ID that e2f, in its sole discretion, deems offensive. You are solely responsible for confirming the set-up and configuration of Your Account in all respects and for making all changes and updates thereto through the Terms of Service. Please note that we may share certain Account Information with third parties in accordance with our Privacy Statement.
5. ACCESS
a. Restricted Access. This Website is for people who are at least 18 years of age. By using this Website, you represent that you are at least 18 years of age.
To the Platform. Subject to Your compliance with the Terms of Service, e2f will permit You access to the Platform, Content and Services solely for lawful purposes and only in accordance with the Terms of Service and any other agreement You may have with e2f. Any provisions contained in any other agreement(s) you may have with e2f that are inconsistent with the Terms of Service, including but not limited to a Master Services Agreement, will govern Your use of the portions of the Platform related to the other agreement.
6. CONTENT AND THIRD-PARTY SERVICES
a. Content. In using e2f’s Content, You assume all risk associated with that use including any reliance on the accuracy, completeness or usefulness of the Content that may result in personal liability for You or any third party. The e2f name, logo and all product and services associated with the Platform, Content and Services are trademarks of e2f, its affiliates, or third parties. You are expressly forbidden to use them unless otherwise agreed with e2f.
Third-Party Services. The Platform provides access to certain Services developed, offered or maintained by third-party service providers ("Third Party Services"). Your use of any Third Party Services through the Platform is subject to any agreements required by a specific Third Party, in addition to these Terms of Service ("Third Party Service Agreement"). The terms of any Third Party Service Agreement will not apply to any other Services You may access through the Platform. Except as set forth in the Terms of Service, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of these Terms of Service and a Third Party Service Agreement.
7. TERMINATION
Other than termination provisions contained in a separate written agreement between You and e2f, the Terms of Service may be terminated by either party at any time upon notice to the other in accordance with the Terms of Service. Upon termination or expiration of the Terms of Service (1) all rights and subscriptions granted to You under the Terms of Service will terminate; and (2) You will immediately cease use of the Platform, Content and Services formally accessed thereon. The following sections of the Terms of Services shall survive any such termination: Definitions, Termination, Suspension, Platform Technology, Ownership, Representations and Warranties, No Warranties; Disclaimer, Confidentiality, Indemnity, Limitation on Liability, Data Privacy, Feedback, Claims of Infringement, Disputes, Governing Law and Venue; Class Action Waiver, Notices, Linked Sites and Additional Terms.
8. SUSPENSION
Without effecting e2f’s right to terminate the Terms of Service, e2f may suspend Your access to the Platform or any Content or Services, with or without notice to You, upon any actual, threatened or suspected breach of the Terms of Service, breaking of any applicable law or upon discovering any other conduct deemed by e2f, in its sole discretion, to be inappropriate or detrimental.
9. PLATFORM TECHNOLOGY
The databases, software, hardware, and other technology that make up the Platform, Content and Services offered by or on behalf of e2f through the Platform (collectively, the "Technology"), constitute valuable trade secrets of e2f. You and any third party are forbidden to: (1) access the Technology except as expressly provided in the Terms of Service; (2) use the Technology in any unlawful manner; (3) collect information from or otherwise interact with the Technology; (4) alter, modify, reproduce or create derivative works of the Technology; (5) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Your rights to any third party; (6) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (7) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; or (8) interfere with the operation of the Technology.
10. OWNERSHIP
e2f retains all right, title, and interest, including, without limitation, all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, moral rights, sui generis rights in databases, and contract rights (“IPR”), in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and You are not granted any right to use the Technology beyond those rights conferred by the Terms of Service or any other agreement between You and e2f.
11. REPRESENTATIONS AND WARRANTIES
a. Mutual. Each party hereby represents and warrants to the other that he, she or it has the legal right and authority to enter into the Terms of Service and be bound by them.
Compliance with Laws. You acknowledge that the Platform is not specifically designed to facilitate compliance with any law. You represent and warrant that Your use of the Platform and access to any Content or Services will comply with all applicable laws and regulations (“Laws”) and will not cause e2f or any other third party to violate any applicable Laws. e2f is not responsible for informing You of any such Laws mor facilitating Your compliance with them. You agree not use the Platform to transmit any false, inaccurate, or misleading information; upload any viruses or malicious code; engage in behavior that is defamatory, obscene, indecent, threatening, or harassing; solicit login information, access protected data or intercept personal information belonging to someone else; or use this website or its content in connection with unsolicited commercial messages.
12. No Warranties; Disclaimer
THE PLATFORM, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." E2F DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR COMPLETENESS OF THE PLATFORM, CONTENT OR SERVICES OFFERED ON THE PLATFORM AND DOES NOT ENDORSE THE VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE PLATFORM.
E2F EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE PLATFORM, CONTENT AND SERVICES WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY E2F, ITS EMPLOYEES, OR SERVICE PROVIDERS WILL CREATE ANY WARRANTIES.
E2F MAKES NO WARRANTY OR REPRESENTATION THAT (a) THE PLATFORM OR CONTENT WILL MEET YOUR REQUIREMENTS; (b) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED. ANY CONTENT OR SERVICES OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF ANY SUCH MATERIAL. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
13. CONFIDENTIALITY
Unless otherwise expressly specified by e2f, all private information You receive shall be treated as confidential. You must:
a. maintain and take all steps necessary to maintain all Confidential Information in strictest confidence;
b. not disclose any Confidential Information to any person without the prior written consent of e2f or as required by law; and
c. notify e2f immediately if You at any time become aware of facts, information or matters which may constitute or result in a breach of Your obligations under this Confidentiality Section.
"Confidential Information" means any information not generally known to the public or what a reasonable recipient would deem as confidential, including, without limiting the generality of the foregoing, any customer identifies, data, reports, interpretations, forecasts, know-how, technology, compositions, devices, plans, strategies, legal or compliance statuses, technical statuses, studies, personnel information, intellectual property, the substance of agreements with clients, suppliers and others, marketing arrangements, strategic partnerships and the existence of such discussions between the parties, customer lists, vendor lists, pricing, costs, profit margins, trade secrets, product development plans, research, inventions, ideas, concepts, prototypes, designs, formulas, methods or processes, whether or not patented or patentable, channels of distribution, legal information, information relating to compliance statuses, financial records and/or inventory records of e2f or its customers, and such other information normally understood to be confidential or otherwise designated as such in writing by e2f or its customers, as well as information discerned from, based on or relating to any of the foregoing which may be prepared by, all of which You expressly acknowledge and agree shall be confidential and proprietary information belonging to e2f or e2f’s customers, vendors, partners, or other party that has an agreement concerning the confidentiality of information.
14. INDEMNITY
You hereby indemnify, defend, and hold harmless e2f and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) Your access to or use of the Platform, or any Content or Services; (2) Your collection and disclosure of any Content or Services, (3) Your violation of applicable Laws; and (4) Your breach of any representation, warranty, or other provision of the Terms of Service. e2f will use reasonable efforts to provide You with notice of any such claim or allegation, and e2f will have the right to participate in the defense of any such claim at its expense.
15. LIMITATION ON LIABILITY
E2F WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE PLATFORM, CONTENT, OR SERVICES, EVEN IF E2F HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS OR SERVICES. E2F’s TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF SERVICE AND ALL CONTENT AND SERVICES PROVIDED UNDER THESE TERMS OF SERVICE OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED $10. YOU AGREE THAT E2F WOULD NOT ENTER INTO THESE TERMS OF SERVICE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, E2F’s LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16. DATA PRIVACY
You expressly consent to the use and disclosure of Your personally identifiable information and other data and information as described in e2f's Privacy Statement. Notwithstanding anything in the Privacy Statement, e2f will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Platform, Services, or Content. To the extent any such non-personally identifiable data or information is collected or generated by e2f, the data and information will be solely owned by e2f and may be used by e2f or its customers for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.
17. FEEDBACK
If You provide e2f any feedback or suggestions regarding the Platform, Content or Services (“Feedback”), You hereby assign to e2f all rights in the Feedback and agree that e2f shall have the right to use such Feedback and related information in any manner it deems appropriate. e2f will treat any Feedback You provide as non-confidential and non-proprietary. You agree that You will not submit to e2f any information or ideas that You consider to be confidential or proprietary.
18. CLAIMS OF INFRINGEMENT
e2f respects Your copyrights and other intellectual property rights and those of other third parties. If You believe in good faith that Your copyrighted work has been reproduced on the Platform without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent by mail and e-mail to:
e2f
Attention: e2f Legal Department
2570 N 1st Street, 2nd Floor
San Jose, CA 95131
+1-888-323-0050
info@e2f.com
Please provide the following information to the e2f Legal Department: (1) the identity of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature. e2f will take action it deems appropriate, including the removal of the allegedly infringing work from the Platform. You acknowledge that if you fail to comply with all of the above requirements of this Section, your notice may not be valid.
19. DISPUTES
All disputes, controversies or claims arising out of the Terms of Service, including the formation, validity, binding effect, interpretation, performance, breach or termination, of the Terms of Service ("Dispute"), shall be resolve in accordance with the procedures set forth in this Section 19. If any Dispute cannot be resolved through negotiations between the parties within twenty (20) days of notice from one party to the other of the Dispute, such Dispute will be finally settled through binding arbitration under the arbitration of the American Arbitration Association ("AAA") then in effect (the "Rules"). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator selected by agreement of the parties. If the parties cannot agree on the appointment of a single arbitrator within 30 days (the "Initial Period") after either party to these Terms of Service delivers a request for arbitration, a neutral arbitrator will be selected as provided in the Rules. The arbitration will be conducted exclusively in the English language at a site specified by e2f in San Diego [other] County in the State of California, U.S.A. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues or accountings presented or pled to the arbitrator. The award of the arbitrators will require payment of the costs, fees, and expenses incurred by the prevailing party in any such arbitration by the non-prevailing party. Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
20. GOVERNING LAW AND VENUE; CLASS ACTION WAIVER
The interpretation of the rights and obligations of the parties under the Terms of Service, will be governed exclusively by the laws of the State of California, U.S.A., without regard to conflict of laws provisions thereof. Subject to the Section 19 hereinabove, any party may enforce an arbitration aware exclusively in a federal or state court in the State of California, U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such enforcement action or proceeding brought in such courts by e2f. You hereby irrevocably waive, to the fullest extent permitted by law, the defense of an inconvenient forum to the maintenance of such action or proceeding in any such court. You and e2f each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each party waives any right to a jury trial.
21. NOTICES
Unless otherwise specified in the Terms of Service, any notices required or allowed under these Terms of Service will be provided to e2f by postal mail to the address for e2f listed on the Platform. e2f may provide You with any notices required or allowed under the Terms of Service by sending You an email to any email address You provide to e2f unless such notice is applicable to You and other Users of the Platform in which case e2f may post such notice on the Platform. Notices provided to e2f will be deemed given when actually received by e2f. Notice provided to You will be deemed given 24 hours after posting to the Platform or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
22. ADDITIONAL TERMS
Unless otherwise amended, the Terms of Service will exclusively govern Your access to and use of the Platform, Content and Services, and are the complete and exclusive understanding and agreement between the parties. All waivers by e2f under the Terms of Service must be in writing or later acknowledged by e2f in writing. If any provision of the Terms of Service is held unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force. Neither these Terms of Service nor any rights or obligations of You hereunder may be assigned or transferred by You (in whole or in part and including by sale, merger, consolidation, or other operation of law) without the prior written approval of e2f. Any assignment in violation of the foregoing will be null and void. e2f may assign the Terms of Service to any party that assumes e2f's obligations hereunder. The parties hereto are independent parties, not agents, employees or employers of the other or joint ventures, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.
Contact information
Questions about the Terms of Service should be sent to us at info@e2f.com.