eChapters.com Service Agreement

eChapters.Com Service Agreement Terms and Conditions
AGREEMENT BETWEEN YOUR ORGANIZATION ("YOU") AND Digital Pathways International, Inc. ("DPI") eChapters.com and this web site are wholly owned and operated by DPI, which is solely responsible for the contents. This web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. YOUR USE OF YOUR SUBSCRIPTION ECHAPTERS.COM SYSTEM CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES. NONCOMMERCIAL USE LIMITATION Your subscription system is provided for organizational use and, with the exception of personal want-ad style notices posted on your system, may not be used for direct commercial purposes such as selling products or services, or for soliciting the sales of products or services. SPAM Spam generation is expressly prohibited and will result in the immediate disabling of your system. Spam is defined as sending unsolicited email messages to any party. All members listed on your site which include an email address MUST have opted-in, provided, and agreed in advance to your use of their email address. COPYRIGHT AND TRADEMARK NOTICES The eChapters.com system and web site design and implementation are owned and copyrighted by © 2002 Digital Pathways International, Inc. Post Office Box 591171 San Francisco, CA 94159-1171 U.S.A. All rights reserved world-wide. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of this system. eChapters.com, and other names of DPI products and/or services referenced herein are trademarks or registered trademarks of Digital Pathways International, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners. LIABILITY DISCLAIMER THE INFORMATION PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH DPI AND ECHAPTERS.COM ARE NOT RESPONSIBLE. CHANGES MAY BE MADE PERIODICALLY TO THE INFORMATION HEREIN. DPI RESERVES THE RIGHT TO CHANGE OR MODIFY THIS WEB SITE AT ANY TIME. ECHAPTERS.COM IS A DATABASE SYSTEM DESIGNED TO PROVIDE A SINGLE AND CENTRALIZED WAY TO FACILITATE COMMUNICATION BETWEEN ORGANIZATIONS AND THEIR MEMBERS. DPI HAS NO OWNERSHIP INTEREST IN, CONTROL OVER OR ASSOCIATION WITH SUCH ORGANIZATIONS OR MEMBERS THEREOF, AND IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION CONTAINED IN THE DATABASE OR DISPLAYED BY THE SYSTEM. THE RESPONSIBILITY AND LIABILITY FOR OR RESULTING FROM THE CONTENT OR USE OF THE SYSTEM IS SOLELY THE RESPONSIBILITY AND LIABILITY OF THE RESPECTIVE ORGANIZATION. DPI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DPI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL DPI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DPI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of this web site, you warrant to DPI that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. LINKS TO THIRD-PARTY SITES This web site may contain hyperlinks to web sites operated by parties other than DPI. Such hyperlinks are provided for your convenience and reference only. Digital Pathways does not control such web sites and is not responsible for their contents OR ANY DAMAGES THEREFROM. DPI does not endorse the material on any such web sites, and has no association with their operators. MODIFICATION OF THESE TERMS AND CONDITIONS DPI reserves the right to change without notice the terms, conditions, and notices under which this web site is offered. GENERAL With the exception of choice of law principals, this agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A., in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPI as a result of this agreement or use of this web site. DPI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DPI's right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by DPI with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. This agreement constitutes the entire agreement between YOU and DPI with respect to this web site and it supersedes all prior or contemporaneous communications and proposals of any kind whatsoever between YOU and DPI with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved by DPI.
Copyright © 2002 eChapters.Com, a division of Digital Pathways International, Inc.

eChapters.Com
Service Agreement Terms and Conditions

AGREEMENT BETWEEN YOUR ORGANIZATION ("YOU") AND Digital Pathways International, Inc. ("DPI")
eChapters.com and this web site are wholly owned and operated by DPI, which is solely responsible for the contents. This web site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. YOUR USE OF YOUR SUBSCRIPTION ECHAPTERS.COM SYSTEM CONSTITUTES YOUR AGREEMENT TO ALL SUCH TERMS, CONDITIONS, AND NOTICES.

NONCOMMERCIAL USE LIMITATION
Your subscription system is provided for organizational use and, with the exception of personal want-ad style notices posted on your system, may not be used for direct commercial purposes such as selling products or services, or for soliciting the sales of products or services.

SPAM
Spam generation is expressly prohibited and will result in the immediate disabling of your system. Spam is defined as sending unsolicited email messages to any party. All members listed on your site which include an email address MUST have opted-in, provided, and agreed in advance to your use of their email address.

COPYRIGHT AND TRADEMARK NOTICES
The eChapters.com system and web site design and implementation are owned and copyrighted by © 2002 Digital Pathways International, Inc. Post Office Box 591171 San Francisco, CA 94159-1171 U.S.A. All rights reserved world-wide. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any portion of this system. eChapters.com, and other names of DPI products and/or services referenced herein are trademarks or registered trademarks of Digital Pathways International, Inc. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER
THE INFORMATION PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS FOR WHICH DPI AND ECHAPTERS.COM ARE NOT RESPONSIBLE. CHANGES MAY BE MADE PERIODICALLY TO THE INFORMATION HEREIN. DPI RESERVES THE RIGHT TO CHANGE OR MODIFY THIS WEB SITE AT ANY TIME.

ECHAPTERS.COM IS A DATABASE SYSTEM DESIGNED TO PROVIDE A SINGLE AND CENTRALIZED WAY TO FACILITATE COMMUNICATION BETWEEN ORGANIZATIONS AND THEIR MEMBERS. DPI HAS NO OWNERSHIP INTEREST IN, CONTROL OVER OR ASSOCIATION WITH SUCH ORGANIZATIONS OR MEMBERS THEREOF, AND IS NOT RESPONSIBLE FOR THE CONTENT OR INFORMATION CONTAINED IN THE DATABASE OR DISPLAYED BY THE SYSTEM. THE RESPONSIBILITY AND LIABILITY FOR OR RESULTING FROM THE CONTENT OR USE OF THE SYSTEM IS SOLELY THE RESPONSIBILITY AND LIABILITY OF THE RESPECTIVE ORGANIZATION.

DPI MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DPI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL DPI BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF DPI OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this web site, you warrant to DPI that you will not use this web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES
This web site may contain hyperlinks to web sites operated by parties other than DPI. Such hyperlinks are provided for your convenience and reference only. Digital Pathways does not control such web sites and is not responsible for their contents OR ANY DAMAGES THEREFROM. DPI does not endorse the material on any such web sites, and has no association with their operators.

MODIFICATION OF THESE TERMS AND CONDITIONS
DPI reserves the right to change without notice the terms, conditions, and notices under which this web site is offered.

GENERAL
With the exception of choice of law principals, this agreement is governed by the laws of the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A., in all disputes arising out of or relating to the use of this web site. Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and DPI as a result of this agreement or use of this web site.

DPI's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DPI's right to comply with law enforcement requests or requirements relating to your use of this web site or information provided to or gathered by DPI with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between YOU and DPI with respect to this web site and it supersedes all prior or contemporaneous communications and proposals of any kind whatsoever between YOU and DPI with respect to this web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Any rights not expressly granted herein are reserved by DPI.