Terms of service
END-USER LICENSE AGREEMENT
BY CLICKING “ACCEPT” AT THE BOTTOM OF THIS PAGE, YOU (HEREINAFTER “User”) ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND THE PRIVACY POLICY HEREIN, CREATED BY EUREKA REVENUE, LLC (HEREINAFTER “Eureka”) AND TO THE EXCLUSION OF ALL OTHER TERMS. THIS WEBSITE AND ANY SERVICE(S) IT MAY PROVIDE (HEREINAFTER THE “Portal”) IS AVAILABLE TO USER ONLY AND NECESSARILY UPON ACCEPTANCE OF THE TERMS OF THIS AGREEMENT AND OF THE PRIVACY POLICY.
TERMS AND CONDITIONS
This End-User License Agreement (the “Agreement”) is between User and Eureka. This Agreement governs User’s use of the Portal, provided to User by Eureka, and is contingent upon the User’s acceptance of the following terms.
1. DEFINITIONS. For purposes of this Agreement, the following terms will have the following meanings:
1.1 “User” means the legal entity or person who joins, accesses or uses the Portal and/or any of its Services.
1.2 "Services" means the various services to which the Portal provides users, including without limitation, the viewing of inventory, product information, product availability and pricing.
2. LICENSE & LIMITATIONS. Subject to the terms and conditions of this Agreement, Eureka hereby grants User and any agent thereof a limited, non-exclusive, non-transferable, non-sublicensable, non-assignable, and entirely revocable license (hereinafter “License”) to access and use the Portal and its Services for the sole purpose of viewing available products and placing orders with Eureka. The User hereby acknowledges and agrees the License is solely and intentionally for the exclusive use and benefit of the User.
3. TERM & TERMINATION. This License shall become effective at the moment of acceptance by User of the terms of this Agreement and shall remain in effect throughout the existence of the Portal. Eureka may terminate, change, and revoke this license at anytime and for any reason, without notice, and having immediate effect on the User.
4. CONSENT TO USE OF DATA AND PRIVACY POLICY. You agree that Eureka may collect and use technical data and related information, including but not limited to technical information about User’s device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to User (if any) related to the business of Eureka.
Eureka may use this information to improve its products or to provide services or technologies to User. Eureka’s Privacy Policy is hereby incorporated into this Agreement by this reference and may be found at https://eurekarev.com/policies/privacy-policy (“Privacy Policy”). In the event of a conflict between any of the terms of this Agreement and any of the terms of the Privacy Policy, the terms of the Privacy Policy shall control.
5. THIRD PARTY MATERIALS. The Portal may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Portal, User acknowledges and agrees that Eureka is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Eureka does not warrant or endorse and does not assume and will not have any liability or responsibility to User or any other entity for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to User. Financial information displayed by the Portal is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Portal, one should consult with a financial professional. Location data provided by the Portal is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Eureka, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Third Party or the Portal.
6. PROPRIETARY INFORMATION. All information contained within or derived from use of the Portal is Proprietary Information, including without limitation, any available products, product information, quantities of products, prices, customer lists, subscriber lists, referral partner lists, service agreements, business plans, market launch schedules, other marketing and sales strategies and patterns, drawings, sketches, models, samples, data, computer programs, systems or related documentation, or nonpublic technical, customer, financial or business information furnished or disclosed by Eureka, and is the exclusive property of Eureka. User agrees that such Proprietary Information is protected by applicable intellectual property and other laws, including but not limited to copyright, and that User will not use such Proprietary Information in any way whatsoever except as permitted by this Agreement. No portion of the Portal, its services, or any Proprietary Information may be reproduced in any form or by any means. User agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and User shall not exploit the Portal or any information contained therein in any unauthorized way whatsoever, including but not limited to, by disclosure or burdening network capacity. The User hereby acknowledges and agrees such Proprietary Information is valuable, and disclosure of any such Proprietary Information shall cause Eureka to suffer actual, immediate and irreparable harm, for which monetary damages alone would be an inadequate remedy.
7. NO WARRANTY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF AND THE PORTAL IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PORTAL AND ANY SERVICES PERFORMED OR PROVIDED BY THE PORTAL ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND Eureka HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PORTAL AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. Eureka DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PORTAL, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE PORTAL WILL MEET YOUR REQUIREMENTS, THAT ANY USE OR RELIANCE ON THE PORTAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE PORTAL OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Eureka OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
8. LIMITATION OF LIABILITY. EUREKA SHALL NOT BE LIABLE TO THE OTHER FOR ANY PERSONAL INJURY, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THIS AGREEMENT OR ARISING FROM OR RELATING TO THE PORTAL AND ITS SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTIES OR OTHERWISE, AND EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EUREKA’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY PERFORMANCE OR NON-PERFORMANCE HEREUNDER, REGARDLESS OF THE FORM OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, STATUTE OR OTHERWISE, SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50.00).
9. DEALER AGREEMENT. The User agrees that any purchases or orders made by User in this Portal shall be governed by the terms of and conditions of the [insert name of agreement] between User and Eureka.
10. MISCELLANEOUS. This Agreement may be changed, amended, waived, discharged or terminated only by Eureka and at anytime. Eureka will notify the User of any significant changes or alterations to the terms of this agreement and User may request a copy of any changes upon ten (10) days written notice. This Agreement shall be construed in accordance with and governed by the substantive laws of the State of California as if performed entirely within such State. Any litigation or claim pertaining to this Agreement shall be brought in the courts in the County of Orange, Orange County, California. This Agreement may be executed in several counterparts, each of which is an original but all of which taken together shall constitute one instrument. Should any litigation be commenced between the parties to this Agreement concerning this Agreement, or the rights and duties of either party in relation thereto, the party prevailing in such litigation shall be entitled to have its reasonable attorneys’ fees paid by the non-prevailing party. User may not assign this Agreement without the prior written consent of Eureka. Eureka may assign this Agreement without the consent of User.