Terms of Service
Please read this carefully before accessing or using our website. By accessing or using any part of the website, you agree to become bound by these terms and conditions. If you do not agree to all these terms and conditions, then you may not access the website or use any services.
Acceptance of Terms and Conditions
The following terms and conditions govern all use of efikas.com, including all content, services and products available at or through the website (“Website”). The Website is owned and operated by Efikas, LLC (“Efikas”). The Website is offered subject to your unconditional acceptance of all of these terms and conditions and all other operating rules, policies and procedures that may be published from time to time on this Website by Efikas (this “Agreement”). This Agreement is effective September 19, 2020 and will stay in effect until
terminated by Efikas, which termination can take place at any time and for any reason, in Efikas’ sole and absolute discretion.
Permitted Users and Changes
Our Website may be accessed and used only by those who are not minors and have accepted these terms. Efikas reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Efikas may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination
Efikas may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your efikas.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Efikas if you materially breach this Agreement and fail to cure such breach within ten (10) days from Efikas’ notice to you thereof; provided that, Efikas can terminate the Website immediately as part of a general shut down of our service.
No Legal Advice or Attorney-Client Relationship
Efikas is not a law firm and information contained on or made available through the Website is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance and no attorney-client relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Website is entirely at your own risk.
Disclaimers
Nothing on our website should be construed as legal advice from Efikas as the information provided on our Website is for informational purposes only and does not create a business or professional services relationship between you and Efikas. Efikas makes no representation or warranty whatsoever regarding the completeness or accuracy of the content of the Website. The Website is provided “as is”. Efikas, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Efikas, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or
otherwise obtain content or services through, the Website at your own discretion and risk. YOU ACKNOWLEDGE THAT THIS DISCLAIMER SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Limitation of Liability
To the maximum of the law, EFIKAS AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, EFIKAS’S WEBSITE; OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR WEBSITE. THIS SECTION SHALL SURVIVE THE TERMINATION OF YOUR USE OF OUR WEBSITE OR OUR TERMINATION OF THIS AGREEMENT.
Links To Third Party Websites
Efikas makes no representations whatsoever about any other website which you may access through our Website. When you access third-party websites through our Website‚ please understand that those websites are independent from us‚ and that we have no control over the content on such websites. You also acknowledge that Efikas will not be responsible for your use of any such websites.Efikas specifically disclaims any responsibility if websites accessed through our Website: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate‚ incomplete, or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
Intellectual Property
This Agreement does not transfer from Efikas to you any Efikas or third-party intellectual property, and all right, title and interest in and to such property will remain solely with Efikas. Efikas, efikas.com, the efikas.com logo, and all other trademarks, service marks, graphics and logos used in connection with efikas.com, or the Website are trademarks or registered trademarks of Efikas or Efikas’ licensors. Other trademarks, service marks, graphics and logos used in connection with our Website may be the trademarks of other third parties. Your use of our Website grants you no right or license to reproduce or otherwise use any Efikas or third-party trademarks.
Personal Use
Our Website is for your personal use only and cannot be used for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. You represent and warrant that you will not post, transmit, or upload any material that: (i) is unlawful‚ unauthorized, offensive‚ defamatory‚ fraudulent‚ deceptive‚ misleading‚ harmful‚ harassing, or obscene; or (ii) disrupts or interferes with the normal operations of our Website.
Indeminity
To the maximum of applicable law, you shall defend, release, indemnify and hold harmless Efikas, its affiliates, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of our Website, including but not limited to your violation of this Agreement.
Governing Law
This Agreement and your use of our Website are governed by the laws of the State of Texas‚ USA‚ without regard to its choice of law provisions.
Entire Agreement
This is the entire Agreement between you and us relating to the subject matter herein and shall not be modified except in a writing signed by both parties. BY USING THIS WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE LEGALLY BOUND BY IT.
To the maximum of the law, EFIKAS AND ITS OFFICERS, DIRECTORS, OWNERS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND ASSIGNS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM: (A) THE USE OF, OR THE INABILITY TO USE, EFIKAS’S WEBSITE; OR (B) THE CONDUCT
OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR WEBSITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $50 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR
WEBSITE.THIS SECTION SHALL SURVIVE THE TERMINATION OF YOUR USE OF OUR WEBSITE OR OUR TERMINATION OF THIS AGREEMENT.