1. Acceptance of Terms
This agreement is to be construed and interpreted according to the laws of the State of California. The failure of ERPGenie.COM to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
2. Description of Services
ERPGenie.COM currently provides users with access to a variety of Services, including but not limited to, job banks, staffing services, source code, documents, news, press releases, peer publishing and industry articles.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new ERPGenie.COM Portals, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that ERPGenie.COM assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. Modifications to Service
ERPGenie.COM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ERPGenie.COM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
5. Links to 3rd Party Sites
6. Submitted Content
In many cases, users are invited to submit Content, which includes but is not limited to such items as documents, source code, job listings, topical questions other forums, to ERPGenie.COM for publication, circulation, or distribution. ERPGenie.COM does not claim ownership of Content submitted, but by submitting such Content users grant ERPGenie.COM a nonexclusive, worldwide license to link to, reproduce, distribute, adapt, promote, display, and sublicense submitted Content.
ERPGenie.COM reserves the right to remove any Content at any time, with no obligation to notify the original submitter of the Content. Publication of any submitted Content is at the sole discretion of ERPGenie.COM.
Individuals submitting Content certify that they own the Content being submitted, or otherwise have the right to freely redistribute the Content without limitation, and that submitting this Content will not violate or infringe upon the rights of any third party, including but not limited to, copyrights, patents, trademarks, trade secrets or other proprietary rights.
Individuals submitting Content certify that their submissions (including but not limited to source code) contain no elements and produce no results that are defamatory, obscene, or in violation of any law. Individuals submitting Content further certify that their submissions contain no harmful or destructive content or output, including but not limited to any viruses, worms, and Trojan horses.
ERPGenie.COM assumes no liability with respect to disputes over Content ownership, copyright, or trademarks. In the event that ERPGenie.COM is notified by a rightful owner that an infringement of ownership, copyright, or trademark has occurred, ERPGenie.COM will remove the Content in question in a timely manner, with no obligation to notify the original submitter of the Content in question.
7. Harvesting of User Information
You agree that you will not harvest or collect any information, including email addresses, for any users of any service for any purpose whatsoever. You further must agree that you will not directly contact any user or subscriber of any service for any purpose whatsoever.
8. Reproduction of Content
You agree not to reproduce duplicate, copy, sell, resell or exploit for any purposes, any portion of the service, use of the service, or access to the Service.
9. Disclaimer of Warranties/Limitation of Liability
WHILE WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE SERVICE, WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS, AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOURCE CODE, DOCUMENTS, SUBMITTED CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICE, AND YOU SHOULD NOT RELY UPON THEM. WE PROVIDE THE SERVICE ON AN "AS IS, AS AVAILABLE" BASIS.
YOU USE IT AT YOUR OWN RISK, AND ERPGenie.COM, ITS EMPLOYEES, DIRECTORS, AND AGENTS ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT ERPGenie.COM IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
ERPGenie.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE.
ERPGenie.COM does not SPAM, period. That's our policy. If you have received SPAM from an SAPGenie address then it's most likely a forged email.