Please read the following Terms of Use before logging in to ImageSite Cloud.
ImageSite Cloud Terms of Use
Welcome to eQuorum and ImageSite Cloud! By logging in as a user or administrator, you are agreeing to be legally bound by these Terms of Use ("Terms"). Please read these Terms carefully before subscribing to ImageSite Cloud application services provided by eQuorum. Please print or retain a copy of these Terms for your records.
PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS WEBSITE.
These Terms describe the terms and conditions that apply to your use of the ImageSite Cloud web site (the "Site"). By submitting a registration form or Purchase Order for the use of ImageSite Cloud services, you state that you are over 18 years of age and agree to be legally bound by these Terms. If you are representing a company or other entity, you are also warranting that you are authorized to accept these Terms on behalf of that party. eQuorum reserves the right to accept or reject registrations for the Site.
eQuorum reserves the right to change the Terms from time to time at its sole discretion. Your use of the Site will be subject to the most current version of the Terms posted on the web site at the time of such use. If you have provided eQuorum with an accurate email address for you, we will notify you of changes to these Terms by sending you an e-mail indicating an update.
LIMITED USE OF THE SITE
The use of the Site or Services (as defined below) is limited to those persons who are clients or inherent of eQuorum ONLY. Registration on or use of this Site or Services for the purpose of ascertaining the scope or function of the Site or Services is prohibited unless such use can reasonably be foreseen to result in your becoming a client or customer of eQuorum. Use of this Site requires participation in eQuorum's e-mail marketing program.
FEES AND SERVICES
Fees for ImageSite Cloud Service are based upon your purchase order with eQuorum Corporation regarding the use of this site. eQuorum may in its sole discretion change any or all of our Fees and Services at any time. If we introduce a new service, you will have the option to either accept those Fees by using the Services or not use the Services. We will provide you reasonable notice by e-mail of a change in the Fees.
You are responsible for additional fees incurred as a result of Network Bandwith utilization and Data Storage (disk space) utilization which are above and beyond the limits outlined in your applicable ImageSite Cloud Pricing Quote and Purchase Order.
You will be invoiced promptly after your registration for the Services that are payable annually. Payment is due immediately upon receipt of invoice. Monthly services will be charged to the credit card account that you specify when you register to use the Services. You understand that failure to pay invoices when due may result in suspension in your use of the Services without notice to you. However, we will reinitiate the suspended Services upon receipt of payment. You also understand that your failure to keep your credit card information current may result in suspension in your use of the Services without notice to you. However, we will reinitiate the suspended Services once you provide us with valid and current credit card information.
CONTENT SUBMISSIONS
Your communications on, or through, the Site are not edited or otherwise controlled by eQuorum. eQuorum reserves the right, but has no obligation, to monitor the content of the Site to determine compliance with these Terms and any other operating rules established by eQuorum, or any applicable laws. eQuorum has the right, in its sole discretion, to refuse to process, or remove any material submitted to or posted on the Site which eQuorum, in its sole discretion, determines to be false, misleading, harmful, offensive, or otherwise inappropriate or unlawful. You agree that any content that you place on the Site, or any other use that you make of the Site, will not infringe the intellectual property rights of eQuorum or a third party and shall not contain any virus, or any other computer program that is intended to damage or surreptitiously intercept or expropriate any system, personal information, or data. You remain solely responsible for your content on the Site and you expressly agree that eQuorum will have no liability for any action or inaction by eQuorum with respect to any communication or posting you make on the Site.
You agree expressly to indemnify, defend and hold eQuorum harmless against any third party claim made against eQuorum as a result of your violation any of these Terms.
YOUR OBLIGATIONS
You agree not to do any of the following while using the Site:
upload, post or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
use the web site to harm minors in any way;
impersonate any person or entity, including, but not limited to, an eQuorum official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," pyramid schemes," or any other form of solicitation;
intentionally or unintentionally violate any applicable law or regulation;
promote or provide instructional information about illegal activities, or promote physical harm or injury against any group or individual;
post or transmit any content that you do not have the right to post or transmit under any law, contractual duty or fiduciary relationship;
post or transmit any content that infringes a third party's trademark, patent, trade secret, copyright, publicity, or privacy rights;
access, tamper with or use non-public areas of the web site or eQuorum's computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution and their rights to use the Site and Services will be terminated immediately without notice;
frame or link to the Site except as permitted in writing by eQuorum.
TERM AND TERMINATION
These Terms shall be effective as of the date you receive a user name and password authorizing access to the Site, and shall continue in force and effect until the end of the subscription period or until terminated in accordance with this Section.
eQuorum may terminate your account and deny access to the Site and Services, upon the breach by you of any provision of these Terms. eQuorum may terminate your account at any time for any reason upon thirty (30) days written or e-mailed notice to you. eQuorum reserves the right to terminate any free user accounts that remain inactive for a period of thirty (30) days, including all content contained therein.
The disclaimer of warranty and limitation of liability and governing law and jurisdiction provisions of these Terms shall survive the termination of this Agreement.
ACCOUNT INFORMATION
You agree to provide eQuorum with accurate and truthful personal information about you, including, but not limited to, name, address, company name, e-mail address, and credit card information, sufficient for us to send you correspondence and to bill you for Services. Your personal information shall not be false, misleading, or fraudulent.
COPYRIGHT & PROPRIETARY NOTATIONS
The Site and its content ("eQuorum Content") are protected by international copyright and possibly other laws. You may print and download portions of the eQuorum Content solely in connection with your use of the Site or Services. In downloading materials from the Site, you agree not to change or delete any proprietary notices, trademarks, and the like from any materials posted. Any other copying, redistribution, publication, or retransmission of any portion of this material is strictly prohibited without express written consent of eQuorum.
Various products on the Site carry registered or other trademarked symbols and are the sole property of their registered owners. Our failure to display the trademark symbols at every use does not invalidate their ownership status. Site users are responsible for labeling their own products, services or other listings and eQuorum has no obligation and assumes no risk or obligation associated with your protection of your intellectual property rights. eQuorum expressly disclaims any liability for the protection of your intellectual property.
PRIVACY
eQuorum holds your privacy in the highest regard. eQuorum aggregates user statistics for its own use. eQuorum will take reasonable measures not to disclose information about you or your processing to any other party, except when eQuorum believes in good faith that such action is necessary to (a) comply with the law or legal process; (b) to enforce the Terms; (c) to respond to claims that any content violates the rights of third parties; or (d) to protect the legitimate interests of eQuorum or others. eQuorum's Privacy Policy is available for review and contains additional terms and conditions that are binding upon you. eQuorum reserves the right to change its privacy policy at any time.
DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
SERVICES ON THIS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, (A) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULLNESS, OR CONTENT OF THE SITE OR SERVICES AND (B) WARRANTIES OF TITLE OR NONINFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE AND COMPLETE RISK. NEITHER EQUORUM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, NOR ITS CONTRACTORS WARRANT THAT THE SYSTEM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY WARRANT CONTINUOUS, UNINTERRUPTED, ACCURATE, OR SECURE ACCESS TO THE SERVICES.
THIS DISCLAIMER 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, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE DISCLAIMERS PROVIDED FOR HERE, SO SOME OF THE ABOVE EXCLUSIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL EQUORUM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS SUPPLIERS, CONTRACTORS, OR ANYONE ELSE ACTING THROUGH OR ON EQUORUM'S BEHALF, INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY CLAIMS, CAUSE OF ACTION, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL, TREBLED, OR PUNITIVE DAMAGES THAT RESULT OR ARE ALLEGED TO HAVE RESULTED FROM THE USE OR INABILITY TO USE THE SERVICES OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS, FAILURE OF PERFORMANCE, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO EQUORUM'S RECORDS, PROGRAMS OR SERVICES, WHETHER OR NOT LIMITED TO ACTS OF GOD.
EXCEPT IN THE EVENT OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL EQUORUM HAVE ANY LIABILITY FOR ANY ACTION OR INACTION BY EQUORUM WITH RESPECT TO THE SERVICES OFFERED AT THE SITE. IN ALL EVENTS, EQUORUM'S LIABILITY HEREUNDER SHALL NOT UNDER ANY CIRUMSTANCES EXCEED THE AMOUNT OF FEES ACTUALLY RECEIVED BY EQUORUM IN THE ONE MONTH PERIOD PRIOR TO THE INCIDENT OR OCCURRENCE GIVING RISE TO AN ALLEGED LIABILITY.
INDEMNITY
You agree to indemnify, defend and hold eQuorum and its subsidiaries, suppliers, contractors and affiliates and their officers, directors, agents and employees and contractors harmless from any claim, demand, action, cost and expense, including reasonable attorneys' fees, made by any third party for any reason, including but not limited to those claims arising out of your: (i) use of the Site or Services; (ii) breach of these Terms or the documents it incorporates by reference; and (iii) violation of any law or the rights of any third parties.
GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to its conflicts of laws. Any claim arising from the use of the Site or Services or related to this agreement shall be settled by binding arbitration according to the American Arbitration Association rules for commercial arbitration. Any such claim shall not be consolidated with any claim of any other party. The arbitration will be conducted in Atlanta, Georgia and judgment on the arbitration award may be entered into any court having jurisdiction.
COPYRIGHT COMPLAINTS
The designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 is President, eQuorum, 6285 Barfield Road, 1st Floor, Atlanta, GA 30328 or e-mail at copyrightagent@equorum.com.
PASSWORDS
You are responsible for maintaining the confidentiality of your registration information and password. You agree to notify eQuorum as soon as you discover any unauthorized use of your password.
OTHER TERMS
All notices must be sent by certified mail, return receipt requested, or by a commercial overnight courier service for signed delivery; to eQuorum, 6285 Barfield Road, 1st Floor, Atlanta, GA 30328; or to you at the address listed in your account information on the Site. These addresses may be changed by our posting updated address information in these Terms or by you updating your account information. Notice will be deemed given five (5) days after the date of mailing.
ENTIRE AGREEMENT; SEVERABILITY; WAIVER.
This Agreement sets forth the entire agreement between us regarding the Site and Services and supersedes all previous representations, understandings, or terms. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect and the parties shall substitute for the affected provision an enforceable provision, which approximates the intent and economic effect of the affected provision. Our failure to act with respect to a breach by you does not waive our right to act with respect to subsequent or similar breaches.
Privacy Policy
This document describes eQuorum's privacy policy (the "Privacy Policy") for ImageSite Cloud.(the "Site"). If you have objections to the Privacy Policy, you should not access or use this Site.
Changes in Privacy Policy
All "personal information" ("personal information" is defined as any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains) that we collect and maintain will be subject to the version of the Privacy Policy in effect at the time of such collection. eQuorum reserves the right to change the Privacy Policy from time to time at its sole discretion, and will provide notice of material changes on the home page of the Site www.eQuorum.com. If as the result of such changes, you want to alter the ways in which eQuorum is allowed to use your personal information, you can do so by following the procedure described below in the section titled "Updating your personal information and privacy preferences." You will be deemed to have been made aware of, and will be subject to, the changes to the Privacy Policy by your continued use of the Site after such notice has been posted for thirty (30) days with the following exception: If at the time you provide personal information to eQuorum you are given the opportunity to limit how such information will be used to communicate with you, either by eQuorum or by third parties, eQuorum will not change your preference in this regard without your express consent. However, if eQuorum sells assets (or the assets of a division or subsidiary) to another entity, or eQuorum (or a division or subsidiary) is acquired by, or merged with, another entity, eQuorum may provide to such entity customer information that is related to that part of our business that was sold to or merged with the other entity without your consent.
Entities collecting personal information
Personal information on this Site is collected by eQuorum Corporation. eQuorum's address is 6285 Barfield Road, First Floor, Atlanta, GA 30328.
The Site contains links to other sites at which personal information is collected. In such instances, unless expressly provided to the contrary, the collection and use of your personal information will be governed by the privacy policy applicable to that site. That privacy policy should identify the entity that is collecting your personal information.
Collection of personal information
As a visitor to this Site, you can engage in many activities without providing any personal information. In connection with other activities, such as subscribing to the collaboration services offered on the Site or utilizing Cloud software applications, eQuorum may ask you to provide certain information about yourself by filling out and submitting an Cloud form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, eQuorum may ask that you provide us personal information, such as your first and last name, mailing address (including ZIP code), e-mail address, employer, job title and department, telephone and facsimile numbers, and other personal information. When ordering products or services on the Site, you may be asked to provide a credit card number. Depending upon the activity, some of the information that we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory data with respect to a particular activity, you will not be able to engage in that activity.
When you use the Site, eQuorum or third parties authorized by eQuorum may also collect certain technical and routing information about your computer to facilitate your use of the Site and its services. For example, we may log environmental variables, such as browser type, operating system, CPU speed, and the Internet Protocol ("IP") address of your computer. We use these environmental variables to facilitate and track your use of the Site and its services. eQuorum also uses such environmental variables to measure traffic patterns on the Site. Without expressly informing you in each particular circumstance, we do not match such information with any of your personal information.
When you submit personal information to eQuorum through this Site, you understand and agree that this information may be transferred across national boundaries and may be stored and processed in any of the countries in which eQuorum and its affiliates and subsidiaries maintain offices, including, without limitation, the United States. You also acknowledge that in certain countries or with respect to certain activities, the collection, transferring, storage, and processing of your information may be undertaken by trusted vendors of eQuorum. Such vendors are bound by contract not to use your personal information for their own purposes or provide it to any third parties. One instance where this could occur is in conjunction with framed pages in which the URL for the pages is not visible and the pages are being hosted by a vendor of eQuorum.
eQuorum has established relationships with various service providers whose services are available to you from this Site or from Web sites that are linked to this Site. Typically, these providers offer services that eQuorum inherent might find useful, such as those that can be used in conjunction with eQuorum services and products. In order to use those services, you may be required to provide personal information to the providers. Unless expressly provided to the contrary, personal information that you provide while you are visiting a provider's Web site will be subject to the privacy policy posted on such site, and personal information that you provide while on this Site in conjunction with a provider's service will be subject to this Privacy Policy. You should be aware that our agreements with these service providers often provide that they will share with eQuorum personal information collected from you. In such instances, eQuorum may use this information in a manner consistent with this Privacy Policy.
How your personal information is used
eQuorum collects your information in order to record and support your participation in the activities you select. If you subscribe to a service or register a product, for example, the information is used to register your rights, if any, to technical support or other benefits that may be made available to registered users. As another example, if you enter a contest, information is collected to qualify the entry and contact you regarding the contest or prize awards. Your personal information is also used to keep you informed about product upgrades, special offers, and other products and services of eQuorum and selected third parties if you have so opted to receive such communications.
eQuorum may collect information about the use of the Site, such as the types of services used and how many users we receive daily.
This information is collected in aggregate form, without identifying any user individually. eQuorum may use this aggregate, non-identifying statistical data for statistical analysis, marketing, or similar promotional purposes.
Your choices with respect to personal information
eQuorum recognizes and appreciates the importance of responsible use of information collected on this Site. Except when you are a Trial user of a priced service of this Site, eQuorum will not communicate any information to you regarding products, services, and special offers available from eQuorum without your consent; although we may find it necessary to communicate with you regarding your use of the services on this Site.
Except in the particular circumstances described in this Privacy Policy, eQuorum will also not provide your name to other companies or organizations without your consent. There are other instances in which eQuorum may divulge your personal information. eQuorum may provide your personal information if necessary, in eQuorum's good faith judgment, to comply with laws or regulations of a governmental or regulatory body or in response to a valid subpoena, warrant, or order or to protect the rights of eQuorum or others.
Protection of your personal information
The personal information that you provide in connection with registering yourself as a user of eQuorum products or services or registering an eQuorum product is classified as Login Information. Login Information is protected in several ways. Access by you to your Login Information is available through a password and unique customer ID selected by you (or your administrator). We recommend that you do not divulge your password to anyone. In addition, your Login Information resides on a secure server that only selected eQuorum personnel and contractors have access to via password. eQuorum strives to prevent unauthorized parties from viewing such information.
Personal information that you provide that does not constitute Login Information also resides on a secure server and is only accessible to selected eQuorum personnel and contractors via password. Since this information is not accessible by you, you will not be asked to select a password in order to view or modify such information.
Use of cookies
When you visit this Site, you can browse the Site and access important information without revealing your identity. In order to improve our Site, we use "cookies" to track your visit. A cookie is a small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It functions as your identification card, and enables eQuorum to record your passwords and preferences. It cannot be executed as code or deliver viruses.
Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will probably not be able to access those pages.)
While eQuorum uses cookies to track your visit to the Site, and our Web servers automatically log the IP/Internet address of your computer, eQuorum does not use this information to identify you personally.
Updating your personal information and privacy preferences
You or your administrator have the right to access and correct your Login Information at any time through the Site application that was used to create this information.
Personal information submitted through this Site that is not Login Information is not accessible Cloud. To access and/or correct such information (such as whether you wish to receive promotional communications from eQuorum or third parties) you may email eQuorum at privacypolicy@equorum.com or write eQuorum at: 6285 Barfield Road, First Floor, Atlanta GA 30328. In your correspondence, please indicate with as much detail as possible the location on this Site where you provided your personal information and any changes that you would like.
Privacy-related inquiries and complaints
eQuorum takes its users' privacy concerns seriously. If you believe that eQuorum has not complied with this Cloud Privacy Policy with respect to your personal information or you have other related inquiries or concerns, you may write to the eQuorum Privacy Officer at the address indicated above.
In your letter, please describe in as much detail as possible the nature of your inquiry or the ways in which you believe that the eQuorum Cloud Privacy Policy has not been complied with. We will investigate your inquiry or complaint promptly.
Also, please note that eQuorum is not responsible for the content or privacy practices of non-eQuorum Web sites to which this Site or any other eQuorum Web site may link. You should review the privacy policy of such sites before using the sites.
.gif)
.jpg)
