Terms of Utilization

Last Updated: 26 August 2010

  eTool CNC logo

eTool CNC Project

Transfer of Innovation Project

Project number 2009-1-PT1-LEO05-03291

 

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eTool CNC

Terms of Service Utilization

  1. ACCEPTANCE OF TERMS

    The eTool CNC Project Partnership steering group ("eTool CNC") welcomes you. eTool CNC provides the eTool CNC Portal Services  (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: Terms of Service Utilization page. By accessing and using the eTool CNC Portal Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular eTool CNC owned or operated services, you and eTool CNC shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our eTool CNC Spam Policy page) are hereby incorporated by reference into the TOS.

     

  2. DESCRIPTION OF eTool CNC Portal Services

    eTool CNC provides, or will provide, users with access to a  collection of resources, including without limitation various communications tools, forums,  search services, personalized content through its network of the eTool CNC Partnership which may be accessed through any various medium or device now known or hereafter developed (the "eTool CNC Portal Services").

    You also understand and agree that the eTool CNC Portal Services may include certain communications from eTool CNC, such as service announcements, dissemination messages and the eTool CNC Newsletter, and that these communications are considered part of eTool CNC membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current eTool CNC Portal Services, including the release of the future  eTool CNC Course, shall be subject to the TOS. You understand and agree that the eTool CNC Portal Services is provided "AS-IS" and that eTool CNC Project Partnership assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the eTool CNC Portal Services, 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 eTool CNC Portal Services.

    You understand that the technical processing and transmission of the eTool CNC Portal Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

     

  3. YOUR REGISTRATION OBLIGATIONS

    In consideration of your use of the eTool CNC Portal Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the eTool CNC Portal Services under the laws covered by the European Commission and on the countries of the eTool CNC Partnership or other applicable jurisdiction.

    You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the eTool CNC Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or eTool CNC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eTool CNC has the right to suspend or terminate your account and refuse any and all current or future use of the eTool CNC Portal Services (or any portion thereof).

    eTool CNC is concerned about the safety and privacy of all its users.

     

  4. eTool CNC PRIVACY POLICY

    Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full eTool CNC Privacy Policy at eTool CNC Spam Policy page. You understand that through your use of the eTool CNC Portal Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the countries of the eTool CNC Partnership and/or other countries for storage, processing and use by eTool CNC and its steering group.

     

  5. MEMBER ACCOUNT, PASSWORD AND SECURITY

    You will receive a password and account designation upon completing the eTool CNC Service's registration process.

    You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify eTool CNC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. eTool CNC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

     

  6. MEMBER CONDUCT

    You understand that all information, data, text, software, e-Learning contents, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not eTool CNC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the eTool CNC Portal Services. eTool CNC does not control the Content posted via the eTool CNC Portal Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the eTool CNC Portal Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will eTool CNC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the eTool CNC Portal Services.

    You agree to not use the eTool CNC Portal Services to:

    1. upload, post, email, transmit or otherwise make available any 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;

    2. harm minors in any way;

    3. impersonate any person or entity, including, but not limited to, a eTool CNC Partner user, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the eTool CNC Service;

    5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete eTool CNC Spam Policy page);

    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the eTool CNC Portal Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

    10. interfere with or disrupt the eTool CNC Portal Services or servers or networks connected to the eTool CNC Portal Services, or disobey any requirements, procedures, policies or regulations of networks connected to the eTool CNC Portal Services, including using any device, software or routine to bypass our robot exclusion headers;

    11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the European Commission, any rules of any national or other securities exchange, applicables on the the European Commission space and on the countries of the eTool CNC Partnership, and any regulations having the force of law;

    12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated as a foreign terrorist organization;

    13. "stalk" or otherwise harass another; and/or

    14. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.

    You acknowledge that eTool CNC may or may not pre-screen Content, but that eTool CNC and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the eTool CNC Portal Services. Without limiting the foregoing, eTool CNC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by eTool CNC or submitted to eTool CNC, including without limitation information in eTool CNC Message Boards and in all other parts of the eTool CNC Portal Services.

    You acknowledge, consent and agree that eTool CNC may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of eTool CNC, its users and the public.

    You understand that the eTool CNC Portal Services and software embodied within the eTool CNC Portal Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by eTool CNC and/or content providers who provide content to the eTool CNC Portal Services. You may not attempt to override or circumvent any of the usage rules embedded into the eTool CNC Portal Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the eTool CNC Portal Services, in whole or in part, is strictly prohibited.

     

  7. INTERSTATE NATURE OF COMMUNICATIONS ON eTool CNC NETWORK

    When you register with eTool CNC, you acknowledge that in using the eTool CNC Portal Services to send electronic communications (including but not limited to email, search queries, sending messages to eTool CNC Chat or eTool CNC Groups, uploading e-Learning contents, photos and files to Flickr, and other Internet activities), you will be causing communications to be sent through eTool CNC's computer networks, portions of which are located in Portugal and other on the countries of the eTool CNC Partnership and portions of which are located abroad. As a result, and also as a result of eTool CNC's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

     

  8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE

    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the eTool CNC Portal Services and transfer, posting and uploading of software, technology, and other technical data via the eTool CNC Portal Services may be subject to the export and import laws of the Portugal and other on the countries of the eTool CNC Partnership. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the Portugal and other on the countries of the eTool CNC Partnership, nor will you transfer software, technology, and other technical data via the eTool CNC Portal Services to parties identified on such lists; (b) agree not to use the eTool CNC Portal Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of Portugal and other on the countries of the eTool CNC Partnership export laws; (c) agree not to transfer, upload, or post via the eTool CNC Portal Services any software, technology or other technical data in violation of Portugal and other on the countries of the eTool CNC Partnership or other applicable export or import laws.

     

  9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE eTool CNC Portal Services

    eTool CNC does not claim ownership of Content you submit or make available for inclusion on the eTool CNC Portal Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the eTool CNC Portal Services, you grant eTool CNC the following worldwide, royalty-free and non-exclusive license(s), as applicable:

    1. With respect to Content you submit or make available for inclusion on publicly accessible areas of eTool CNC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the eTool CNC Portal Services solely for the purposes of providing and promoting the specific eTool CNC Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the eTool CNC Portal Services and will terminate at the time you remove or eTool CNC removes such Content from the eTool CNC Portal Services.

    2. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the eTool CNC Portal Services other than eTool CNC Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the eTool CNC Portal Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the eTool CNC Portal Services and will terminate at the time you remove or eTool CNC removes such Content from the eTool CNC Portal Services.

    3. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the eTool CNC Portal Services other than eTool CNC Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

    "Publicly accessible" areas of the eTool CNC Portal Services are those areas of the eTool CNC network of properties that are intended by eTool CNC to be available to the general public. By way of example, publicly accessible areas of the eTool CNC Portal Services would include eTool CNC Project disseminations pages and eTool CNC Message Boards and portions of eTool CNC Groups that are open to both members and visitors. However, publicly accessible areas of the eTool CNC Portal Services would not include portions of eTool CNC Groups that are limited to members, eTool CNC Portal Services intended for private communication, or areas off of the eTool CNC network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by eTool CNC.

     

  10. CONTRIBUTIONS TO eTool CNC

    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to eTool CNC through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) eTool CNC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) eTool CNC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) eTool CNC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of eTool CNC without any obligation of eTool CNC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from eTool CNC under any circumstances.

     

  11. INDEMNITY

    You agree to indemnify and hold eTool CNC and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the eTool CNC Portal Services, your use of the eTool CNC Portal Services, your connection to the eTool CNC Portal Services, your violation of the TOS, or your violation of any rights of another.

     

  12. NO COMMERCIAL REUSE OF eTool CNC Portal Services

    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the eTool CNC Portal Services (including Content, advertisements, Software and your eTool CNC ID).

     

  13. GENERAL PRACTICES REGARDING USE AND STORAGE

    You acknowledge that eTool CNC may establish general practices and limits concerning use of the eTool CNC Portal Services, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the eTool CNC Portal Services, the maximum number of email messages that may be sent from or received by an account on the eTool CNC Portal Services, the maximum size of any email message that may be sent from or received by an account on the eTool CNC Portal Services, the maximum disk space that will be allotted on eTool CNC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the eTool CNC Portal Services in a given period of time. You agree that eTool CNC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the eTool CNC Portal Services. You acknowledge that eTool CNC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that eTool CNC reserves the right to modify these general practices and limits from time to time.

    eTool CNC Chats, including any web-based versions, will allow you and the people with whom you communicate to save your conversations in your eTool CNC accounts located on eTool CNC servers. This means you can access and search your message history from any computer with access to the internet. Whether or not you use this feature, other users may choose to use it to save conversations with you in their account on eTool CNC too. Your agreement to this TOS constitutes your consent to allow eTool CNC to store these communications on its servers.

     

  14. MODIFICATIONS TO eTool CNC Portal Services

    eTool CNC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the eTool CNC Portal Services (or any part thereof) with or without notice. You agree that eTool CNC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the eTool CNC Portal Services (or any part thereof).

     

  15. TERMINATION

    You may terminate your eTool CNC account, any associated email address and access to the eTool CNC Portal Services by submitting such termination request to eTool CNC.

    You agree that eTool CNC may, without prior notice, immediately terminate, limit your access to or suspend your eTool CNC account, any associated email address, and access to the eTool CNC Portal Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the eTool CNC Portal Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the eTool CNC Portal Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in eTool CNC's sole discretion and that eTool CNC shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the eTool CNC Portal Services.

    Termination of your eTool CNC account includes any or all of the following: (a) removal of access to all or part of the offerings within the eTool CNC Portal Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the eTool CNC Portal Services.

     

  16. DEALINGS WITH ADVERTISERS

    Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the eTool CNC Portal Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that eTool CNC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the eTool CNC Portal Services.

     

  17. LINKS

    The eTool CNC Portal Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that eTool CNC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that eTool CNC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

     

  18. eTool CNC'S PROPRIETARY RIGHTS

    You acknowledge and agree that the eTool CNC Portal Services and any necessary software used in connection with the eTool CNC Portal Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the eTool CNC Portal Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by eTool CNC or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the eTool CNC Portal Services, such Content or the Software, in whole or in part.

     

  19. DISCLAIMER OF WARRANTIES

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. YOUR USE OF THE eTool CNC Portal Services AND SOFTWARE ARE AT YOUR SOLE RISK. THE eTool CNC Portal Services AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. eTool CNC Project Partnership EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

    2. eTool CNC Project Partnership AND ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE eTool CNC Portal Services OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE eTool CNC Portal Services OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE eTool CNC Portal Services OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE eTool CNC Portal Services OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

    3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE eTool CNC Portal Services OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

    4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM eTool CNC OR THROUGH OR FROM THE eTool CNC Portal Services OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

    5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE eTool CNC SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE eTool CNC SERVICE. IMMEDIATELY DISCONTINUE USE OF THE eTool CNC Portal Services AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE eTool CNC SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

     

  20. LIMITATION OF LIABILITY

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT eTool CNC Project Partnership AND ITS EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF eTool CNC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE eTool CNC SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE eTool CNC SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE eTool CNC SERVICE.

     

  21. EXCLUSIONS AND LIMITATIONS

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

     

  22. SPECIAL ADMONITION FOR eTool CNC Portal Services RELATING TO FINANCIAL MATTERS

    If you intend to create or join any service, receive or request any news, messages, alerts or other information from the eTool CNC Portal Services concerning companies, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The eTool CNC Portal Services is provided for informational purposes only, and no Content included in the eTool CNC Portal Services is intended for trading or investing purposes. eTool CNC Project Partnership and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the eTool CNC Portal Services, and shall not be responsible or liable for any trading or investment decisions based on such information.

     

  23. NO THIRD-PARTY BENEFICIARIES

    You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

     

  24. NOTICE

    eTool CNC may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the eTool CNC Portal Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the eTool CNC Portal Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the eTool CNC Portal Services in an authorized manner.

     

  25. TRADEMARK INFORMATION

    You agree that all of eTool CNC’s trademarks, trade names, service marks and other eTool CNC logos and brand features, and product and service names are trademarks and the property of eTool CNC Project Partnership. Without eTool CNC's prior permission, you agree not to display or use in any manner the eTool CNC Marks.

     

  26. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

    eTool CNC respects the intellectual property of others, and we ask our users to do the same. eTool CNC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide to the eTool CNC Project Coordinator , the following information:

    1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

    2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

    3. a description of where the material that you claim is infringing is located on the site;

    4. your address, telephone number, and email address;

    5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

    The eTool CNC Project Coordinator for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    The Contact page is located at:   Contact the Project Coordinator page.

    By post mail:
    CENFIM - DPEE

    A/C of eTool CNC Project Coordinator
    Rua do Açúcar, 88
    1950-010 Lisboa
    Portugal

    By phone: +(351) 21 861 01 50

    By fax:       +(351) 21 868 85 98

    By email: dpee@cenfim.pt

  27. GENERAL INFORMATION

    Entire Agreement. The TOS constitutes the entire agreement between you and eTool CNC Project Partnership and governs your use of the eTool CNC Portal Services, superseding any prior version of this TOS between you and eTool CNC with respect to the eTool CNC Portal Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other eTool CNC Portal Services, affiliate services, third-party content or third-party software.

    Choice of Law and Forum . You and eTool CNC Project Partnership each agree that the TOS and the relationship between the parties shall be governed by the laws of the Portugal country without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS.

    Waiver and Severability of Terms. The failure of eTool CNC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

    No Right of Survivorship and Non-Transferability. You agree that your eTool CNC account is non-transferable and any rights to your eTool CNC ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the eTool CNC Portal Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the TOS are for convenience only and have no legal or contractual effect.

     

  28. VIOLATIONS

    Please report any violations of the TOS to our eTool CNC Project Coordinator contact.

 
 
 
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