Terms and Conditions of Usage
Obligations and Conduct
In consideration of your use of the MyEFJohnson online system, you agree to: (a) provide accurate, current, and complete information about you and your organization as may be prompted by a registration form on MyEFJohnson (the "Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any information you provide to EF Johnson Technologies, inc. (“EFJohnson”), to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to information and Registration Data. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with MyEFJohnson.
Confidentiality of EFJohnson Information
You may obtain direct access via MyEFJohnson to certain confidential information of EFJohnson, including but not limited to, EFJohnson technical and commercial information, and any such confidential information must be held in strict confidence. Your obligations regarding confidential information expire five (5) years after the date of disclosure. Upon termination of the reseller relationship between you and EFJohnson, you must cease use of any Confidential Information and return or destroy it.
The terms impose no obligation upon you with respect to Confidential Information that you can establish by legally sufficient evidence: (a) has been or in the future, published or is now or may in the future be otherwise in the public domain not by your fault; (b) is or becomes generally known to the public through no act or omission by you, or otherwise without violation of the terms; (c) you obtained from a third party who had the right to disclose it, without an obligation to keep such information confidential; (d) you independently developed without the use of confidential information and without the participation of individuals who have had access to it, or (e) in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these terms and as disclosed after prior notice to EFJohnson adequate to afford EFJohnson the opportunity to object to the disclosure.
You agree to indemnify and hold EFJohnson and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, alliance members, other partners, employees and representatives harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of or connection to the MyEFJohnson, your violation of terms, or your violation of any rights of another.
Notice; Modification and Termination of Services; Amendment of Terms
EFJohnson may provide notice to you via email, regular mail, or posting notices or links to notices on MyEFJohnson. EFJohnson reserves the right at any time to modify, suspend or terminate MyEFJohnson (or any part thereof), and/or your use of or access to them, with or without notice. EFJohnson may also delete, or bar access to or use of, all related information and files. EFJohnson will not be liable to you or any third-party for any modification, suspension, or termination of MyEFJohnson, or loss of related information. EFJohnson may amend these terms at any time by posting the amended terms on this MyEFJohnson.
Intellectual Property Rights
The information and content on MyEFJohnson are protected by copyrights, trademarks, trade secrets and other intellectual property and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use will violate these Terms. Nothing in these terms shall be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise.
Disclaimer of Warranties
YOUR USE OF MYEFJOHNSON IS AT YOUR SOLE RISK. MYEFJOHNSON, INCLUDING THE INFORMATION, PROVIDED HEREIN, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. EFJOHNSON DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. EFJOHNSON MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF MYEFJOHNSON.
EFJOHNSON MAKES NO WARRANTY OR REPRESENTATION THAT: (a) MYEFJOHNSON WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MYEFJOHNSON WILL BE ACCURATE OR RELIABLE; OR (d) ANY ERRORS IN MYEFJOHNSON WILL BE CORRECTED.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY CONTENT FROM MYEFJOHNSON, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
Limitation of Liability
TO THE FULL EXTENT PERMITTED BY LAW, EFJOHNSON IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH MYEFJOHNSON, EVEN IF EFJOHNSON HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE MYEFJOHNSON; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM MYEFJOHNSON; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MYEFJOHNSON, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY OR DISTRIBUTE.