Exchange Pointe International, Inc. and its webfeedbackTM Materials and webfeedback.com website Terms and Conditions of Use DEFINITIONS. webfeedbackTM Materials and webfeedback.com website refers to the products, services, applications or features and website display and content, the input and survey templates, the real-time report forms, graphs and data displays, as well as the administrative workmasks, templates and software source codes, documents and documentation encompassed in the executable software displayed and used on www.webfeedback.com internet web site (hereinafter "webfeedbackTM Materials and webfeedback.com website"). GENERAL INFORMATION. The webfeedbackTM Materials and webfeedback.com website, defined above, are created, controlled, and published by Exchange Pointe International, Inc., a California corporation (hereinafter EPI). By using the webfeedbackTM Materials and webfeedback.com website, you signify your assent to these terms of use. If you do not agree to these terms of use, please do not use the webfeedbackTM Materials and webfeedback.com website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Your continued use of the webfeedbackTM Materials and webfeedback.com website following the posting of changes to these terms will mean you accept those changes. COPYRIGHT NOTICE. All copyrighted text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the webfeedbackTM on-line surveys and real-time reports are copyright © 1998, 2001 EPI, all rights reserved. EPI hereby authorizes current clients to copy, print, and distribute the documents, related graphics and materials published by EPI on its webfeedback.com website subject to the following conditions: 1) use is for non-commercial or client purposes only; and 2) use is for informational purposes only. In consideration of this authorization, you agree that the above copyright notice shall appear in all copies of this document, related graphics and materials or any portions thereof. By downloading any materials from the webfeedback.com website, you agree to these terms. If you do not agree to these terms, do not use the webfeedback.com website or download any materials from it. OWNERSHIP OF MATERIALS. Any product, feature, data display, process or technology described in the webfeedback.com website may be the subject of other Intellectual Property rights reserved by EPI, and may not be licensed hereunder. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or other intellectual property right of EPI. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any EPI copyright. Any rights not expressly granted herein are reserved. POLICY CONCERNING INFRINGEMENT CLAIMS AND REPEAT INFRINGERS. Following the guidelines of the Online Copyright Infringement Liability Limitation Act and other applicable intellectual property laws, EPI will, following appropriate investigation, terminate or disable access by repeat infringes. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. 512 (c) (3), notifications of claims of alleged copyright or other intellectual property infringement must be in writing and directed to EPI's designated agent. TRADEMARKS. webfeedbackTM and the webfeedbackTM logo, and other names, designs, logos and graphic displays of webfeedbackTM products referenced herein, are registered trademarks of EPI. DISCLAIMER. ALL webfeedbackTM Materials AND CONTENT OF webfeedback.com website ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFRINGEMENT OR OTHERWISE. EPI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE webfeedbackTM Materials and webfeedback.com website WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE webfeedbackTM Materials and webfeedback.com website OR THE SERVERS THAT MAKE THE webfeedbackTM Materials and webfeedback.com website AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EPI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE webfeedback™ Materials and webfeedback.com website IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT EPI) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE webfeedback™ Materials and webfeedback.com website ARE PROVIDED FOR CLIENT'S INFORMATIONAL PURPOSES ONLY. EPI MAY MODIFY, CHANGE OR DELETE MATERIAL ON THE webfeedback.com website WITHOUT NOTICE AT ANY TIME. THEREFORE, USE OF THESE MATERIALS IS AT THE USER'S OWN RISK. LIMITATION OF LIABILITY. IN NO EVENT SHALL EPI BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION, OR ANY OTHER DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON OR INABILITY TO USE ANY MATERIAL AVAILABLE FROM THE webfeedback.com website. IN NO EVENT SHALL EPI'S TOTAL LIABILITY FOR CLAIMS, DAMAGES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ANNUAL MAINTAINENCE FEES FOR ACCESSING THE webfeedbackTM Materials and webfeedback.com WEBSITE. JURISDICTION. THE webfeedbackTM Materials and webfeedback.com website are created, controlled and operated by EPI from its offices within the State of California, United States of America. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. By viewing or using the webfeedbackTM Materials and webfeedback.com website, you agree that any action at law or inequity arising out of or relating to these terms shall be filed only in the state or federal courts located in Santa Cruz or Santa Clara County California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. EXPORT RESTRICTIONS. The webfeedbackTM Materials and webfeedback.com website is controlled by EPI from its offices within the United States of America. The webfeedbackTM Materials and webfeedback.com website are subject to the export control laws and regulations of the U.S.A. and any amendments thereof. Hereby you confirm that with respect to the webfeedbackTM Materials and webfeedback.com website, you will not download, export or re-export it, directly or indirectly, to any countries that are subject to U.S.A. export restrictions. You may not use or export the webfeedbackTM Materials and webfeedback.com website in violation of U.S. export laws and regulations. GENERAL. EPI may revise these Terms at any time by updating this posting. You agree that your accessing and using the webfeedbackTM Materials and webfeedback.com website is the functional equivalent of your signature and you hereby waive any objection to electronic assent to this agreement, whether based on the Statute of Frauds or similar law, rule, or regulation. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. Copyright © 1999, 2001 EPI. All Rights Reserved.   Close this window to continue with the survey.