Terms of Service

This Web site ("Site") is owned and operated by Entrabase, Inc. ("Entrabase") By accessing and using this Site, you ("User") unconditionally agree to be bound by all of the terms, conditions and notices contained in this Conditions of Use Agreement ("Agreement"). If User does not agree to all the terms, conditions, and notices contained in this Agreement, User should not, and is not permitted to, use this Site. If the User has at any time entered into an agreement with Entrabase entitled "Entrabase.com e-Commerce Services Agreement" and said agreement has not been terminated, said agreement will remain in full force and effect and will not be deemed modified or superseded by any provisions of this Agreement.

Entrabase MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY FOR ANY PURPOSE OF THIS SITE, INCLUDING BUT NOT LIMITED TO INFORMATION, DATA, TEXT, DOCUMENTS, GRAPHICS, COMPUTER TECHNOLOGY OF ANY KIND AND/OR SOFTWARE ("SITE CONTENT"). ALL SITE CONTENT IS FURNISHED TO AND ACCEPTED BY THE USER IN "AS IS" CONDITION. ALL EXPRESS AND/OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF ANY RIGHTS (INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS OF ANY KIND), ARE EXPRESSLY EXCLUDED.

Entrabase WILL NOT BE LIABLE TO THE USER EXCEPT TO THE EXTENT THAT SUCH LIABILITY IS EXPRESSLY STATED IN THIS AGREEMENT. THE SITE CONTENT MAY INCLUDE INACCURACIES, OUTDATED INFORMATION, DEFECTS, OMISSIONS AND/OR OTHER ERRORS. Entrabase DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE CONTENT IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER (AND NOT Entrabase) ASSUMES THE ENTIRE RISK AND COST OF ALL NECESSARY SERVICING, REPAIR, REPLACEMENT AND/OR CORRECTION OF ANY OF THE USER’S COMPUTER HARDWARE, SOFTWARE AND/OR ANY OTHER PROPERTY WHATSOEVER, WHETHER OR NOT Entrabase IS AT FAULT.

Entrabase SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY LOSS, DAMAGE, INJURY OR OTHER CLAIMS ARISING OUT OF: (i) THE USER’S PURCHASE, LICENSING OR USE OF ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY Entrabase MERCHANT(S); (ii) THE BUSINESS AND/OR OTHER ACTIVITIES OF ANY Entrabase MERCHANT(S); (iii) THE USER’S INABILITY, FOR WHATEVER REASON(S), TO TRANSACT BUSINESS WITH AND/OR ACCESS ANY Entrabase MERCHANT(S); AND (iv) THE NEGLIGENCE, MISREPRESENTATION AND/OR OTHER CONTRACT, STATUTORY, TORT AND/OR OTHER LIABILITY OF ANY KIND OF ANY Entrabase MERCHANT(S) TO THE USER OR OTHERS.

Entrabase DOES NOT REPRESENT OR WARRANT THAT ANY SITE CONTENT WILL OPERATE CONTINUOUSLY OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Entrabase WEB SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Entrabase MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY COMPUTER HARDWARE, SERVERS, SOFTWARE, TRANSMISSION SERVICES AND/OR OTHER THIRD PARTY PRODUCTS OR SERVICES OF ANY KIND AND THE USER ASSUMES ALL RISKS IN CONNECTION THEREWITH.

Entrabase WILL NOT IN ANY EVENT OR UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, ECONOMIC, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF GOODWILL OR LOST PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE USER’S INABILITY TO USE THIS SITE, OR FOR THE SITE CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF ANY Entrabase WEB SITES, INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, AND ANY OTHER STATUTORY, CONTRACT, TORT AND/OR OTHER LIABILITY, EVEN IF Entrabase HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

IN NO EVENT WILL Entrabase BE LIABLE OR OBLIGATED IN ANY MANNER TO THE USER OR OTHERS FOR ANY AMOUNT IN EXCESS OF THE SUM OF ONE DOLLAR ($1.00 U.S.), INCLUDING WITHOUT LIMITATION ANY AND ALL LIABILITY ARISING FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY AND ANY OTHER STATUTORY, CONTRACT AND/OR TORT LIABILITY. THIS LIMITATION OF LIABILITY IS CUMULATIVE.

IF Entrabase PROVIDES LINKS TO OTHER WEB SITES, THE USER AGREES THAT WITH RESPECT TO SUCH WEB SITES, Entrabase DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE SAME, NOR WILL Entrabase BE RESPONSIBLE TO THE USER OR ANYONE ELSE FOR ANY PRODUCTS, SERVICES OR OTHER MATERIAL THAT MAY BE SOLD, LICENSED, DISTRIBUTED OR PROMOTED ON SUCH WEB SITES OR IN ANY MANNER FOR ANY CONTENT ON SUCH WEB SITES.

THIS SECTION ALLOCATES THE RISKS BETWEEN THE PARTIES, IS REFLECTED IN THE ECONOMIC TERMS OF THIS AGREEMENT, IS AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN THE PARTIES AND WILL BE EFFECTIVE NOTWITHSTANDING THE FAILURE OF PURPOSE OF ANY ESSENTIAL AND/OR OTHER REMEDY HEREIN. BECAUSE SOME STATES/ JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT, IN WHOLE OR IN PART, APPLY TO THE USER. IN SUCH STATES/JURISDICTIONS, Entrabase’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

All Site Content is Copyright © 1999 Entrabase, Inc. All rights reserved. User may not distribute, modify, copy, reproduce, publish, license, create derivative works of, transfer, or sell any Site Content, except that User may view the Site Content and download on any single computer one (1) copy of the Site Content for personal, noncommercial use. Site Content may not be used on any other Web site or in any networked computer environment. Entrabase and its logo, service marks, trademarks, and/or trade dress are owned exclusively by Entrabase, Inc. All other trademarks, product names and company names cited herein are the property of their respective owners. All rights not expressly granted herein are reserved.

Prior to setting up a hypertext link to this Site, User is required to contact Entrabase’s Webmaster at webmaster@Entrabase.com for permission. Entrabase’s trademark and/or design or logo may not be utilized in the icon establishing a link without Entrabase’s prior written consent. User may not incorporate in either any fashion (in whole or in part), through framing or any other method, any Site Content into any other Web site in any manner whatsoever.

This Agreement is governed by the laws of the State of California, U.S.A without regard to any conflicts of law rules. User irrevocably consents to the exclusive jurisdiction and venue of state and federal courts in Santa Clara County, California, U.S.A. in all disputes arising under this Agreement and/or relating to the use of this Site. The United Nations Convention on Contracts for the International Sale of Goods (1980) is excluded from application to this Agreement. Use of this Site is unauthorized in any jurisdiction that does not give effect to all terms and conditions of this Agreement. If User uses this Site outside of the State of California, User is responsible for compliance with local laws and rules having the force of law. If any part of this Agreement is found by a court of competent jurisdiction to be unlawful, invalid or unenforceable, that part will be amended to achieve as nearly as possible the same effect as the original provisions and the remainder of this Agreement will remain in full force. Any law or rule under which a contract is construed against the drafting party will not apply to this Agreement.

Misuse of this Site, or any breach of this Agreement, may result in User being denied access to this Site. Entrabase reserves the right to deny User access to its Site without notice and for any reason. This Agreement is effective until terminated by either party. User may terminate this Agreement at any time by destroying all Site Content and all related documentation and all copies thereof, whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Entrabase if in Entrabase's sole discretion User fails to comply with any terms or conditions in this Agreement. Upon termination, User must destroy all Site Content and all copies thereof, whether made under the terms of this Agreement or otherwise. If the User sends improvements, revisions, updates, enhancements, ideas, suggestions, drawings, concepts, and/or other information (collectively referred to as "Information"), all Information (and related copyrights and other intellectual property rights) will at all times be the sole and exclusive property of Entrabase and the User will have no rights to any fixed or contingent royalty, payment, or other consideration of any kind. None of the Information will be subject to any obligation of confidentiality by Entrabase, and Entrabase will not be liable for any use, copying, distribution, commercial exploitation and/or disclosure of any and all Information.

Entrabase reserves the right to change this Agreement at any time by revising the terms and conditions herein. User is responsible for regularly reviewing these terms and conditions. Continued use of this Site following any such changes will constitute User's acceptance of such changes. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

This Agreement is the entire agreement between the User and Entrabase for the subject hereof and supersedes all oral or written proposals and discussions relating to this Agreement and all prior courses of dealing or industry customs. The User has not entered into this Agreement by reason of or in reliance on any representations of fact or opinion not expressly stated herein. Any section headings or titles of this Agreement are inserted for convenience only and will have no other meaning. No action by the User arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose. The User may not assign any rights, or delegate any duties, under this Agreement without the prior written consent of Entrabase as indicated by the handwritten signature of an officer of Entrabase.

Copyright © 1999-2002 Entrabase, Inc. All rights reserved.