THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS SET FORTH HEREIN (THE "TERMS") GOVERN YOUR USE OF THE ERPINSIGHTS.COM (HTTP://WWW.ERPINSIGHTS.COM) WEB SITE (THE "SITE"), AND ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE. WE MAY MODIFY THESE TERMS AT ANY TIME AND FROM TIME TO TIME WITHOUT NOTICE TO YOU BY POSTING REVISED TERMS HEREIN.
You understand and agree that the Site may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Site. You also understand that the Site may include advertisements.
The sole purpose of this SITE is to share the the personal opinions of the SITE owner, author and visitors who choose to post comments. All content on this SITE consists of personal opinions of the author and readers who may post comments. All content published on the SITE, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, and Flash animation, may be protected by copyrights or trademarks of the registered owners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the SITE in whole or in part. If you would like to request permission to use any of the content on the SITE, please request permission in advance by email from webmaster[at]erpinsights.com.
The SITE includes a combination of content created by the author and contributing readers. This content includes, among other things, editorial opinion, articles and product reviews. It also includes information about products and services offered by parties other than the SITE, such as product descriptions, press releases, specifications, pricing, availability, and performance. All content on this SITE consists solely of personal opinions of the author and contributing readers. This Site is entirely owned by the Site author in an individual capacity and is not owned by the author's employer. This Site is purely the personal expression and opinion of the Site author and is not affiliated, sanctioned by or endorsed by or the author's employer. The author's Site and employment are mutually exclusive. There should be no expectation or assumption of neutrality or independence with regard to views, products, opinions and other content throughout this site. The SITE's content from the site owner, author and contributing readers is often biased and skewed based upon particular experience, personal interests and vested interests. We do not guarantee the accuracy, the integrity, or the quality of the content on the Site, and you may not rely on any of this content.
The Site contain links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. This SITE has no control over sites that are not ours, and we are not responsible for any changes to or content on them. Our inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
If this SITE requests registration information from you, you agree to provide us with true, accurate, current, and complete information. The technology and the software underlying the Site is the property of SITE, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the Site. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from the Site, deny you access to the Site, or any combination of these options. Pen names (also known as fictitious names) used by this Site and its readers for privacy and anonymity are permitted and are used. Unauthorized access to the Site is a breach of these Terms and a violation of the law. You agree not to access the Site by any means other than through the interface that is provided by SITE for use in accessing the Site. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the Site, except those automated means that SITE has approved in advance and in writing.
Use of the Site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Site. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us immediately at info[at]erpinsights.com.
You hereby agree to indemnify, defend and hold SITE and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "SITE Party" or "Site Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any SITE Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement arising out of:
SITE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.
DISCLAIMERS; Please read this carefully.
This SITE disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from the Site.
SITE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER SITE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND VENUE
Any and all challenges and/or legal claims shall be governed solely in the county of Palm Beach, state of Florida and country of the United States of America (USA).
SITE may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Palm Beach County, Florida, United States of America (USA) and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or SITE may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, Florida, necessary to protect the rights or the property of you or SITE (or its agents, suppliers, and subcontractors), pending the completion of arbitration.
SITE may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, SITE cannot be held liable if we fail to notify you.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These Terms, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire agreement between you and the SITE and govern your use of the Site, superceding any prior agreements that you may have with the Site owner and/or author. If there is a alleged or actual dispute among Terms between this Web Site Terms page and any other Site page or referenced source, this Web Site Terms page shall prevail.
These Terms shall be construed in accordance with the laws of the State of Florida, country of the United States, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Palm Beach County, Florida if seeking interim or preliminary relief or enforcement of an arbitration award.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.
Section titles in this Web Site Terms are for convenience only and have no legal or contractual effect.