Emergent Technologies, Inc.
Opportunity Texas Proof of Concept Award
2008 Emergent Technologies “Opportunity Texas Proof of Concept Award” Terms and Conditions
This is a legal and binding Agreement entered into by you as the Entrant/User (hereinafter "You", "Your" or "Entrant") and Emergent Technologies, Inc. (hereinafter "ETI") regarding use of and entry into this Opportunity Texas Proof of Concept Award (hereinafter the "Award"), as well as the use of the ETI website (hereinafter "Website"). By submitting an Award application to ETI or otherwise indicating assent electronically (such as by use), You agree to the terms and conditions of this Agreement.
I. AWARD TERMS AND CONDITIONS
The Award is governed by the laws of Texas, applicable to contracts made and performed therein without reference to the applicable choice of law provisions. All federal, state, and local laws and regulations apply. Except where prohibited, the Entrant grants to ETI and its advertising agencies the right to use and publish his or her proper name, likeness, voice, photographs, information, opinions, biographical information and state in any media to promote ETI and the Award without additional compensation. BY ENTERING, YOU RELEASE AND AGREE TO HOLD HARMLESS ETI AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THOSE RELATED TO PERSONAL INJURY, DEATH, DAMAGE TO PROPERTY, INFRINGEMENT OF PROPRIETARYRIGHTS, RIGHTS OF PUBLICITY OR PRIVACY OR DEFAMATION) ARISING OUT OF OR IN CONNECTION WITH:
(I) ENTERING THE AWARD; (II) ACCEPTANCE OR USE OF ANY AWARD PROCEEDS OR MATERIALS; OR (III) OTHERWISE ARISING OUT OF OR RELATING TO THE AWARD. ETI SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, COST, OR INJURY THAT ARISES FROM OR RELATES TO PARTICIPATION IN THE AWARD, OR WINNING OR USE OF A PRIZE, INCLUDING BUT NOT LIMITED TO: (I) LATE, LOST, DELAYED, DAMAGED, MISDIRECTED, INCOMPLETE, OR UNINTELLIGIBLE ENTRIES; (II) TELEPHONE, ELECTRONIC, HARDWARE OR SOFTWARE PROGRAM, NETWORK, INTERNET, OR COMPUTER MALFUNCTIONS, FAILURES, VIRUSES OR DIFFICULTIES OF ANY KIND; (III) FAILED, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS; (IV), THE DOWNLOADING OF ANY MATERIAL IN CONNECTION WITH THIS AWARD AND (IV) ANY OTHER CONDITION THAT MAY CAUSE THE MATERIAL IN CONNECTION WITH THE AWARD TO BE DISRUPTED OR CORRUPTED. ETI RESERVES THE RIGHT, IN ITS SOLE DISCRETION AND WITHOUT PRIOR NOTICE, TO SUSPEND OR CANCEL THE AWARD OR ALTER THE RULES FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IF AT ANY TIME A COMPUTER VIRUS, TECHNICAL PROBLEM, OR OTHER UNFORESEEABLE EVENT ALTERS OR CORRUPTS THE ADMINISTRATION OF THE AWARD. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION AWARD PROCESS MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE ETI RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
ARBITRATION. EXCEPT WHERE PROHIBITED OR WHERE IN VIOLATION OF PUBLIC POLICY, ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS AWARD, OR ANY PROCEEDS AWARDED, OTHER THAN THE ADMINISTRATION OF AWARD OR THE DETERMINATION OF WINNER SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY ARBITRATION UNDER THE COMMERCIAL ARBITRATION RULES (JANUARY, 1999) OF THE AMERICAN ARBITRATION ASSOCIATION IN AUSTIN, TEXAS. PARTICIPANTS HEREBY WAIVE ALL RIGHTS (I) TO CLAIM, OR TO BE AWARDED, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; AND (II) TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED.
II. Ownership and Use of Materials
Award submissions, and any information contained therein shall be used for evaluation purposes only. Submissions of technical information for the purposes of the Award shall be made on a nonconfidential basis and otherwise free from any obligations to Entrant or third parties. Entrant hereby grants ETI a limited license to evaluate any rights associated with the Award submission for the purposes defined herein.
The materials owned by ETI on this Website belong to ETI or its third party licensors (unless otherwise noted). There are important rules about using and copying these materials. ETI hereby grants you a limited, revocable, license to download or print one copy of the materials on this Website, but only for the purpose of ordering products on the Site. When you download or print a copy of the materials on this Website, you must also include all copyright and other notices that are in the materials, including the copyright notice on the bottom of the page.
The materials on this Website are protected by United States and foreign copyright laws. If you use the materials in a way that is not clearly allowed by this Agreement and the limited license above, you are violating this Agreement and may be violating copyright, trademark, and other laws. In that case, ETI automatically revokes your limited license to use the materials and you must immediately destroy any copies you have made. Title to the Website materials remains with ETI or its third party licensors. All rights not expressly granted are reserved.
III. webSite Disclaimer and Limitation of Liability
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ETI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
THE WEBSITE DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE. THE OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE SITE OR ETI.
UNDER NO CIRCUMSTANCES SHALL ETI OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE.
Further, by acceptance of this Agreement You acknowledge and understand that operation of the website is at the sole discretion of ETI, and the website may be modified and/or terminated at any time without any recourse by You.
IV. Password and Account Security
If you have an account through the Website, You are responsible for (i) keeping account passwords confidential and secured, (ii) restricting access to your computer and (iii) keeping the e-mail address associated with that account current. You accept full responsibility for all activities that occur within your Website account and/or using your password.
V. Advertising
This Website may include advertisements for products or services offered by other companies. ETI may receive payment from these advertisers. Although ETI believes you may find the information offered by advertisers to be helpful, ETI does not endorse or guarantee any product or service offered by advertisers.
VI. Geographic Scope
This Website is operated by ETI from its offices in Austin Texas, USA. ETI welcomes visitors from around the world. ETI, however, makes no representation or warranty that the contents of the Site are appropriate or permitted by the laws and regulations of countries other than the U.S.A. If you choose to access the Website from other countries you do so at your own risk, and are responsible for compliance with applicable local laws.
VII. Trademark Information
Registration applications for several marks are pending and may become registered marks in the near future. Any rights not expressly granted herein are reserved.
VIII. Miscellaneous
A. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent in such section.
B. No General Waiver
ETI's failure to exercise or enforce any right or provision of this Agreement shall not waive ETI's right to act with respect to subsequent or similar failures.
C. Choice of Law/Disputes
You hereby agree that the only proper jurisdiction and venue for any dispute with ETI is in the state and federal courts in the State of Texas, USA. You further agree and consent to the exercise of personal jurisdiction in these courts in connection with any dispute involving ETI or its affiliates, employees, officers, directors, agents and providers. Any claims relating to the information, services or products available on or from this website and/or ETI will be governed by the laws of the State of Texas, excluding the application of its conflicts of law rules. You agree that any cause of action arising out of or relating to the Agreement will be commenced by you within one (1) year after such cause of action arose. Actions not commenced by you within one (1) year are permanently barred. This paragraph survives expiration or termination of Your account and/or this Agreement.
D. Complete Agreement
This Agreement sets forth the entire understanding and agreement between You and ETI with respect to the subject matter hereof. This paragraph survives expiration or termination of your account and/or this Agreement.
IX. Contact Information
If you have any questions or comments regarding the Site, the Award or ETI,
please contact us at:
Emergent Technologies, Inc.
Tel: (512) 263-3232
Fax: (512) 263-3236 |
