EPA Infotech, India based software company (referred to here as “EPA Infotech”), provides and maintains various websites (the “Sites”), services (“Services”) and products (“Products”) that you or your organization (“user” or “you”) can use. The Services, Products and Sites are provided to you under the terms and conditions set forth in the Terms of Agreement and any rules or policies otherwise set forth on this site or published from time to time by EPA Infotech. The Terms of Agreement set forth below and any rules or policies otherwise set forth on this Site comprise the entire agreement between you and EPA Infotech and supersedes any and all prior agreements or understandings between the parties.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF AGREEMENT
Please read the following Terms of Agreement carefully. On accessing the website,login to the Service or using the product you accept and agree to all of the terms and conditions set forth in the Terms of Agreement, including all warranties and promises by user. ACCOUNT REGISTRATION by registering for an account you acknowledge and warrant that you are eighteen (18) years of age or older. User shall provide current, complete, accurate information in the registration section of the Site. You shall further update and keep such information current as needed. You shall provide a password in order to access the Services or Products account. User is solely responsible for maintaining the confidentiality of user’s password and account information. You shall immediately notify EPA Infotech of any unauthorized account activity. User agrees not to transmit through the Services or the Sites any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory,racist, illegal or otherwise objectionable material or content. User shall not send any transmission that attempts to hide user’s identity or represents user as someone else. Any attempt by user to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly forbidden. User specifically agrees not to use the Service or the Site to send any materials, including assessments, to any persons under eighteen (18) years of age unless and until the user has taken and follows all necessary action and compliance pursuant to Indian laws. User agrees not to upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else computer, the Service or the Site. User agrees not to interfere or disrupt networks connected to the Service and the Site. Any attempt by user to gain unauthorized access to any computer system, including accounts and databases maintained by and for EPA Infotech, is strictly forbidden. User agrees to comply with all applicable laws relating to such conduct. If user engages in any activity set forth in this paragraph or violates any terms or conditions of the Terms of Agreement, user’s account will be terminated and use of the Service and Site prohibited. EPA Infotech will report such conduct to the appropriate authorities and turn over any and all information, regarding such activity to appropriate persons or entities.
MODIFICATION TO SERVICES PROVIDED – TERMS OF AGREEMENT
User acknowledges and agrees that EPA Infotech may, with or without notice, modify, delete, or amend the Services and/or Site provided hereunder. Further, user acknowledges and agrees that EPA Infotech may further modify, delete or amend the Terms of Agreement from time to time, including changing the fee structure for some services. If user does not accept the modification, deletion or amendment, user must terminate user’s registration at that time. Any and all use of the Products, Sites or the Services by user after the notice is posted shall be deemed to be acceptance of the modification, deletion or amendment (as well as all other terms and conditions) to the Services, Site or Terms of Agreement.
User agrees to pay all charges for services, including any applicable taxes, at the rates in effect when the charges are incurred. EPA Infotech may change the fees and charges then in effect, or add new fees or charges, by giving users notice in advance. No refunds of fees will be given. If payment is not made EPA Infotech reserves the right to suspend or terminate user’s account and access to the Services. EPA Infotech reserves the right to terminate user’s account at any time.
LIMITATION OF LIABILITY
EPA Infotech shall provide the services using reasonable care and skill and all due diligence. User expressly acknowledges and agrees that the use of the Service and the Site is at user’s sole risk. The Services and the Site are provided on an “as is” and “as available” basis. To the fullest extent allowed by law, EPA Infotech expressly excludes its liability for implied warranties and conditions including, but not limited to the warranties of merchant-ability, fitness for a particular purpose and satisfactory quality. The contents of the Services or the site may contain bugs, errors, problems or other limitations. EPA Infotech assumes no liability or responsibility for any errors or omission in content. All contact information created by you, or on your behalf by EPA Infotech is owned by you and is your sole responsibility. EPA Infotech is not responsible for the contents. EPA Infotech is not responsible for any damages, including without limitation, lost profits, business interruption or other loss resulting from use or reliance in any way on any Services or Products or the sites.
EPA Infotech has put in appropriate efforts, infrastructure and processes to ensure all its products, services and sites are free from errors, bugs, viruses, malicious code, incorrect information, interruptions and are reliable and secure. Still in case user reports any error, service interruption, virus, malicious code, incorrect information, bugs, security issue EPA Infotech will put its best effort to correct it in quickest possible manner. In no case EPA Infotech will be responsible for any damages due to any interruptions, errors, bugs, incorrect information, viruses, malicious code arising from its products, services or sites messages arising out of User’s access to, use of, inability to use,or reliance on the Service. If User is dissatisfied with the service, the materials available on or through the Service or with any of the Terms of Agreement, User’s sole and exclusive remedy is to discontinue using the Service and leave the Site immediately.
EPA Infotech owns the content, including the graphics, names, text, software, music, videos, sound, pictures, compilations, survey templates, page layout, design, processes, procedures, magnetic translation, digital conversion, software or other material contained in the Service and the Site. It is all protected by copyrights, trademarks,service marks, patents, or other proprietary rights and laws. No one may copy, reproduce,distribute in any way, or decompile, reverse engineer or disassemble the content. User is permitted the limited license to use the content of the Service and the Site as authorized herein to complete assessments and view assessment results for user’s personal use as an end product only, and user must at all times maintain EPA Infotech copyright symbol on the product in any form or medium. Users assume the risk of disclosing their assessment results to third parties on an anonymous basis. Modification or use of the content in any other way is a violation of copyright and other proprietary laws. No one may copy, reproduce, transmit, post, distribute or create derivative works from this Site without prior express authorization. NO MISAPPROPRIATION OR MISUSE OF NAMES, MARKS, OTHER PROPRIETARY MATERIAL User agrees not to use, misuse or misappropriate any brand names, trademarks, service marks, patents, images, text or other proprietary material or content of another on or through the Service or the Site. If you use any such proprietary material or content, by doing so, user warrants that user has the right and authority to do so.
SITE CONTENT & LINKS
You use Products, Services, Sites or any web sites linked thereto, at your own risk.You understand and agree as follows: Some associated information content provided by EPA Infotech on various assessment results may be considered to be of an advisory nature. This information is provided solely for informational purposes and should not be considered professional advice. You should not act based on information you receive from the Site without using your own efforts to confirm such information, and, when appropriate, consulting with an independent professional regarding your individual circumstances. EPA Infotech may provide advertising space and/or links and pointers to Internet sites maintained by third parties. EPA Infotech has not reviewed all of the third party sites nor reviewed any products or services they may provide. EPA Infotech is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. EPA Infotech does not control in any respect any information, products or services offered or suggested by third parties on the site. EPA Infotech does not endorse or otherwise warrant or guarantee the products or services that are either advertised on the site or connected by link.
EPA Infotech provides evaluation period of minimum 30 days for all its Products and Services. User can evaluate the Products or Services before purchasing it. User is highly recommended to purchase the Products or Services only after evaluation. EPA Infotech provides evaluation period of minimum 30 days for all its Products and Services. User can evaluate the Products or Services before purchasing it. None of our Products and/or Services are refundable. Hence User is highly recommended to purchase the Products or Services only after full satisfactory evaluation of the Products or Services. Refunds are made only in exceptional cases as following: Payment was made by mistake Double payment was made for the product by mistake
Where this agreement is to run for an indefinite period, these Terms of Agreement may be terminated by either party hereto at any time. EPA Infotech shall not be liable to user or any third party in any manner for termination of the Service. In the event user should become dissatisfied with the Terms of Agreement or any modifications thereof, or with the Service or the Site, user’s only recourse is to discontinue use of the Service, terminate the account and give notice of these actions. Upon termination, user’s right to use the Service and the Site cease.
User agrees to defend, indemnify and hold harmless EPA Infotech, its parent entities, subsidiaries, affiliates, officers, and employees, for any and all claims and demands,including attorney’s fees, due to or arising from user’s use of the Service, assessments,assessment results and associated information, assessment benchmarks, and good business practice examples and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Agreement.
The Terms of Agreement and the relationship between user and EPA Infotech shall be treated as if entered into and executed in India and shall be governed and construed in accordance with Indian Law, without regard to conflict of law principles.
NATURE OF AGREEMENT
User agrees that the registration procedure, account set-up and log-in to the Service constitute agreement to the Terms of Agreement. Further, the Terms of Agreement is the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties. User agrees that each use of the Services and the Site reaffirms user’s acknowledgment and agreement to the Terms of Agreement.
The failure by EPA Infotech to enforce any right or provision under the Terms of Agreement shall not constitute a waiver of that provision or any other provision of the Terms of Agreement. If any provision of the Terms of Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions of the Terms of Agreement shall remain in full force and effect.