eOfficeSearch.com
TERMS and CONDITIONS
The access and/or use of and/or the submission of information to the real estate information services (collectively, the "Service") available through the eOfficeSearch.com web site (located at http://www.eOfficeSearch.com ) is subject to the following terms and conditions (the "Terms and Conditions" or the "Agreement"). By accessing information from or submitting information to the Service, YOU, the end user ("User") and/or submitter of information (“Account Member” or “Member”), AGREE TO THE FOLLOWING TERMS AND CONDITIONS.
These Terms and Conditions are a legal agreement between you and eOfficeSearch.com, LLC ("eOfficeSearch.com" or the "Company").
If you do not agree to these Terms and Conditions and to the Listing Policies, do not access information from and/or submit information to the Service. All questions concerning this Agreement should be directed to: Manager, eOfficeSearch.com, LLC, 3238 Players Club Circle, Memphis, Tennessee 38125. The Company may update these terms and conditions at any time and without notice. The latest version of the terms and conditions is available on the eOfficeSearch.com website.
GENERAL PROVISIONS
Account Membership Privileges
Account membership privileges are granted by eOfficeSearch.com to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing real estate information service is permitted to access any of the Password Protected Areas of the eOfficeSearch web site without express written permission from eOfficeSearch. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member facility without the express written permission of eOfficeSearch. eOfficeSearch requires that each Account Member facility maintain a valid email address and a password, which shall be utilized for logging on to the eOfficeSearch system. eOfficeSearch has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, or abuses their rights related to the eOfficeSearch service. Upon registration, an Account Member may list properties on the Service, which may be viewed free of charge in the search results.
EOfficeSearch utilizes email as a vital and primary communication channel with Account Members. Account Members hereby acknowledge and grant eOfficeSearch the permission to communicate via email (as well as other communication channel such as phone and fax) for any purposes eOfficeSearch determines to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. eOfficeSearch will use best efforts to honor Account Member's request to opt out of marketing messages, but under no circumstances will eOfficeSearch have any liability for sending any email to its registered users/Account Members.
Submission and Administration of Listings
Account Member agrees not to submit any Facility, Property and/or Services descriptions, photographs, financial, contact or other information contained in each Facility, Property and/or Service's data to eOfficeSearch unless the Account Member has received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish and advertise the Facility, Property and/or Services on the Account Member's website or on the eOfficeSearch website. Specifically, Account Member will not submit a photograph if Account Member received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph on the EOfficeSearch website. The Company may, in its sole discretion but without any obligation to search for such, remove Properties that are alleged to have been submitted in violation of this provision. In addition, the Company may require additional evidence of compliance with this provision from Account Members who are alleged to have submitted Properties or other information in violation of this Agreement. The Company will, in its sole discretion, terminate the accounts of, and refuse service to, any Account Member who repeatedly or knowingly violates this Agreement. Account Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active Facility, Property and/or Services listings on the EOfficeSearch website. Additionally, the Account Member agrees to allow submitted Facility, Facility, Property and/or Services and/or Services listing(s), or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of the Account Member's website, the EOfficeSearch website and other EOfficeSearch partner websites. The Company shall have the sole authority to choose the manner in which any Facility, Property and/or Services will be searched, displayed, accessed, downloaded, copied, and otherwise used on the EOfficeSearch website and Company shall have the right to modify the Facility, Property and/or Services listing in the exercise of its rights under this Agreement. The Account Member (a) represents and warrants that all Properties and associated information provided by the Account Member will be accurate; (b) agrees that the Account Member will not permit the posting of a Facility, Property and/or Services on the EOfficeSearch system under a name other than the named licensed real estate agents that have been engaged by the Facility, Property and/or Services owner to market the Facility, Facility, Property and/or Services and/or Services under the terms of a duly executed listing agreement with the owner; (c) agrees to administer the Facilities, Properties and/or Services provided by the Account Member and maintain their accuracy at all times. The Company reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the Facilities, Properties and/or Services posted on the Account Member's website or on the EOfficeSearch website. The Company accepts no responsibility for checking the accuracy of reports or data files submitted by the Account Member. While the Company shall take all reasonable efforts for data backup and business resumption, the Account Member will be solely responsible for retaining back-up copies of all information, photographs and other materials it provides to EOfficeSearch. EOfficeSearch may add digital watermarks to certain parts of your Facility, Property and/or Services listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission.
Use of Information
User and Account Member agree to treat all information obtained from the Service, including listings and any information otherwise made available to User and/or Account Member in the Service (individually and collectively, the "Content") as proprietary to EOfficeSearch. Account Member agrees that Content reserved for Members will be maintained as confidential and shall be protected as a trade secret of EOfficeSearch. EOfficeSearch does not ensure the accuracy of, endorse or recommend any Content and User and Account Member uses such Content at their own risk. User and Account Member may access the active Facility, Property and/or Service listings in the Service solely to obtain initial information from which further evaluation and investigation may commence.
EOfficeSearch information, reports and services (individually and collectively "EOfficeSearch Reports"), the Service, and any and all Content offered by EOfficeSearch to User and/or Account Member ARE PROVIDED SOLELY FOR GENERAL INFORMATION, AND DO NOT CONSTITUTE REAL ESTATE, LEGAL, TAX, ACCOUNTING, OR OTHER PROFESSIONAL ADVICE. BEFORE ACTING ON ANY INFORMATION PROVIDED BY EOFFICESEARCH, USER AND ACCOUNT MEMBER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Account Member shall limit access to and use of active Facility, Property and/or Services listings, member directory, and EOfficeSearch information to personal and internal use, and User and Account Member shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. User and Account Member shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to User and/or Account Member in the Service, for or in connection with any other listing service or device. User and Account Member further shall not use the Service in any other manner for or in connection with any other listing service or device. User and Account Member shall not use the EOfficeSearch Service as part of any effort to compete with EOfficeSearch, including without limitation using the EOfficeSearch Service to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss from an existing or potential EOfficeSearch Account Member, nor shall Account Member remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the EOfficeSearch Service. Account Members violating these specific terms by automated or manual means, shall be subject to immediate termination of their listings.
Payment Terms
Account Member agrees to pay for each listing placed on the eOfficeSearch website, either through the EOfficeSearch web site or via the EOfficeSearch sales team using the payment method indicated, and provides EOfficeSearch express authorization to charge said fees to the Account Member's payment provider at time of purchase and/or renewal. Fees owed depend on the specific type and quantity of EOfficeSearch listings. Payment of fees shall not be contingent on any events other than the delivery of the ordered listing(s). Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Account Member. If payment is not current, EOfficeSearch may immediately cease to provide any and all listing services to the Account Member. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Prepaid fees will be refunded based on the number of months remaining on the contract period, beginning with the month following receipt of written cancellation, but may be subject to adjustment according to current monthly product pricing and subject to adjustment for any incentives or discounts provided for said prepayment. Account Member choosing to cancel a prepaid subscription prior to the end of its prepaid term may also be subject to a $15 processing fee. No partial month refunds will be provided.
Listings will automatically renew using the Account Member's current credit card account number unless Account Member deletes their listing(s) on the EOfficeSearch Web site at http://www.EOfficeSearch.com three (3) days prior to the renewal date. All deletion requests will be processed within five (5) business days. If Account Member has a question about a deleted listing(s), Account Member should contact EOfficeSearch Client Services at info@EOfficeSearch.com or at 877-359-4313. The Company reserves the right to change its fees or billing methods at any time by providing timely notice on the website.
It is the Account Member's responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Account updates should be made online once Account Member has logged into www.EOfficeSearch.com. EOfficeSearch does not validate all credit card information required by the Account Member's payment provider to secure payment.
The Account Member must notify EOfficeSearch about any billing problems or discrepancies within 90 days after charges first appear on their Account statement. If it is not brought to EOfficeSearch's attention within 90 days, Account Member agrees to waive their right to dispute such problems or discrepancies.
EOfficeSearch offers two different paid listing types: regular listings and premium listings. Premium type listings will appear first in the search results and will bear an additional monthly charge. The order in which each listing appears in the search results is determined by the order in which the listing was placed on www.eOfficeSearch.com . Listings are not considered placed until payment in full has been accepted. In other words, those listings placed first on the website will appear first in the search results for that respective type listing, premium or regular.
Any deleted property, facility and/or service listing, the relisted, will appear in order as though it had been listed for the first time. Changes to a listing will not affect the order in which it appears in the search results, unless the change affects the listing type.
After adding a listing, the Account Member may change the current listing type. For all listing type changes to the Premium listing type, the Account Member will be charged a prorated fee for the remaining days in current billing cycle, and Account Member's monthly fee will be adjusted commencing with the next bill date. For all listing type changes from the Premium to the Regular listing type, the Account Member will not be credited for the remaining days in current billing cycle, however, the Account Member's monthly fee will be adjusted commencing with the next bill date. No partial month refunds will be provided.
Listing Review
All listings entered on EOfficeSearch may be subject to review by EOfficeSearch company personnel ("Listing Review") prior to becoming available for full viewing online. EOfficeSearch reserves the right, but not the obligation, to review any listing entered by an Account Member on EOfficeSearch. Although Member's listings may be subject to Listing Review, Member remains solely responsible for abiding by thes e Terms and Conditions , contained herein . The Listing Policies prohibit Members from entering any listing that infringes upon the intellectual property rights of any party, or that otherwise violates EOfficeSearch's Terms and Conditions . By entering listings on EOfficeSearch, Member warrants and represents that Member owns or otherwise controls all of the rights to such content including, without limitation, all the rights necessary for Member to provide, post, upload, input or submit such content. Member acknowledges that EOfficeSearch cannot police or control all of the content provided by Member(s) that is made available on EOfficeSearch.
Listings that violate any of the Listing Policies stated herein will not receive Listing Review approval for active posting on EOfficeSearch until the issue in question has been addressed. When conducting Listing Review, new listings added to EOfficeSearch are examined to determine whether such listings are in compliance with the Listing Policies. In the event Listing Review determines a listing violates Listing Policies (including but not limited to containing inaccurate or incomplete information), Listing Review will send an email message to the Member about such listing, clearly stating how such proposed listing does not conform to established Listing Policies and offering solutions on how to rectify the deficiency. After the Member receives notice from Listing Review, the Member will be given a reasonable amount of time (routinely, 48 hours) to respond. It is then the sole responsibility of the Member to review the communication from Listing Review, revise the listing as appropriate, and resubmit the corrected listing. Once the appropriate revision has been made, and Listing Review determines the listing is compliant with Listing Policies, the listing will be made available for full viewing on the site. However, if the Member fails to respond to the communication from Listing Review, EOfficeSearch in its sole discretion reserves the right to remove any and all content that continues to violate the Listing Policies, including disallowing listings from the Service.
Listing Fields
All fields noted by an asterisk (*) on the add property, facility and/or service page are required fields and must be completed with valid data pertaining to that listing ("Required Fields"). Listings where data is missing or data entered in the Required Fields is deemed illogical will be removed from the site until valid content is entered in the Required Fields.
Property descriptions are for the description of the property or facility that is for lease and the service that is for sale only. The posting of contact name, phone number, fax number, company information or URL links for any contacts including those who are not EOfficeSearch members is strictly prohibited in this section. This type of information in the Property Description field will be removed from the listing and the listing Member will receive an email informing them of the change. Habitual violations of this policy will result in EOfficeSearch's removal of all of such Member's listings on the Service until all such content has been appropriately rectified.
Listings must be identified with the appropriate type. The same listings may be listed under multiple types. EOfficeSearch reserves the right to change or remove property types.
Listing Parameters
In order to maximize the features of the EOfficeSearch service, Members should note certain parameters in the listing process.
EOfficeSearch is a web site for commercial properties and facilities for lease and service for sale. Listing of residences is prohibited. Any listing deemed to be a residence will be removed from the system and an email will be sent to the Member stating that the property has been identified as a residential property.
M embers may list an unlimited number of listings on EOfficeSearch.com. A Premium Listing provides Premium exposure for the number of listings paid for as Premiums.
Building photographs posted, attached, or affixed to listings must be actual photographs of the building being listed. All such photographs must be either (a) the property of the listing Member or (b) the listing Member must have received all necessary rights and authorizations, including from the photographer and/or copyright owner of any photographs, to publish such photographs on the Member's website or on EOfficeSearch's website for the purpose of advertising the subject property, facility and/or service. Photographs uploaded that are not directly related to the property, facility and/or service being listed, including brokerage or company logos, may be removed at the discretion of EOfficeSearch.
Prohibited Conduct
Members are advised to refrain from engaging in the conduct specified in this section, as it is not permitted on the EOfficeSearch Service.
EOfficeSearch offers the ability to search for properties on key words. This is designed to enable searchers to narrow their criteria based on specific requirements. Keyword manipulation is unfair to searchers by returning listings that clearly do not meet their criteria. Keywords identified in the property name, property description, location description or property highlights field that are clearly not relevant to the property being marketed will be removed by Listing Review. Habitual abuse of this policy by a Member may, at the sole discretion of EOfficeSearch, lead to the removal of all of that Member's active listings from the web site and suspension of that Member's ability to list properties, facilities and/or services on the Service.
Use of profanity or vulgar language in any section of the EOfficeSearch database is strictly prohibited. This includes the use of language that is generally considered obscene, profane, sexual, hateful, or racist in nature. Listing or user information that includes profane language will be removed from the Service immediately. Members posting such language to the EOfficeSearch web site may be subject to disciplinary action, including indefinite suspension of a Member's account, temporary suspension or a formal warning.
Unsolicited Commercial Email (Spam)
EOfficeSearch prohibits the use of our system or its tools to generate or send unsolicited commercial email (spam). EOfficeSearch has the right to revoke the privileges of any Account Member or company that breaches these terms.
Ownership and License Grant
EOfficeSearch retains all rights (including Intellectual Facility, Property and/or Services Rights as defined below), title and interest in the EOfficeSearch Web site, technology and brochures, and all underlying technology and data including any enhancements and improvements thereto. User and Account Member will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of EOfficeSearch's technology or delete or alter author attributes or copyright notices. User and Account Member shall use the EOfficeSearch system solely for their own use and Account Member shall not allow others to use the EOfficeSearch system under or through that Account Member's login ID/email and password.
Intellectual Rights means all intellectual Facility, Property and/or Services rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
Limitation of Liability and Indemnification
IN NO EVENT SHALL EOFFICESEARCH BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, LOSS OF USE OR OF DATA, OR INTERRUPTION OF BUSINESS) ARISING OUT OF THIS AGREEMENT. Account Member's exclusive remedy, and EOfficeSearch's entire liability under this Agreement shall be a refund to Account Member of the fees paid to EOfficeSearch hereunder, and in no event will EOfficeSearch's liability for any reason exceed such fee. EOfficeSearch (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from the User or Account Member's use of the website and/or Listings, and User and Account Member shall indemnify EOfficeSearch (and EOfficeSearch's officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other than User and/or Account Member arising from User and/or Account Member's use or application of the Services or the Listings.
Warranty Disclaimers
THE LISTINGS, SERVICE AND EOFFICESEARCH REPORTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. EOFFICESEARCH MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, OR EOFFICESEARCH REPORTS, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND EOFFICESEARCH SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND, UNDER THE LAW OF THE UNITED STATES OF AMERICA, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES.
Links to Third Party Sites
This web site may contain hyperlinks to other web sites operated by parties other than EOfficeSearch, Inc. and its subsidiaries which are beyond EOfficeSearch's control. Parties other than EOfficeSearch may provide services or sell product lines on this site that take you outside of our service. This includes links from advertisers, sponsors, and content partners that may use EOfficeSearch's logo(s) as part of a co-branding relationship. For example, if you click on a banner advertisement the click may take you off the EOfficeSearch site. EOfficeSearch does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their web sites. EOfficeSearch does not assume any liability for the actions, product, and content of all of these and any other third parties. EOfficeSearch makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party web sites. When you click on a link that leaves the EOfficeSearch site, the site you will land on is not controlled by EOfficeSearch and different terms of use and privacy statements may apply. EOfficeSearch also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.
Other Rights of EOfficeSearch, LLC
Account Member agrees that EOfficeSearch shall have the right to use Listings and other information submitted to it for any purpose, including without limitation for publication of all or part of such Listing on the Internet for unrestricted use by public, EOfficeSearch Users, Account Members and partners. EOfficeSearch shall have sole authority to choose the manner in which any Listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a Listing or refuse Services to anyone at any time in its sole discretion. EOfficeSearch shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the Listings. EOfficeSearch reserves the right to modify or change any and all terms and conditions at any time. The most current copy of these terms and conditions will be posted and available for review on EOfficeSearch's corporate web site, located at http://www.eOfficeSearch.com .
Copyright Complaints
If you believe that your work has been copied onto EOfficeSearch in a way that constitutes copyright infringement, please provide EOfficeSearch's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying EOfficeSearch that your copyrighted material has been infringed.
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on EOfficeSearch, with identifying information for the listing, if applicable;
Your address, telephone number, and e-mail address;
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;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Address for EOfficeSearch's copyright agent:
3238 Players Club Circle
Memphis, Tennessee 38125
Attn: Copyright Agent
EOfficeSearch Reports
Account Member may use and copy the EOfficeSearch Reports only as expressly provided by this Agreement. All rights in the EOfficeSearch Reports not explicitly granted under this Agreement are expressly reserved by and to EOfficeSearch. Account Member may use the EOfficeSearch Reports only in the ordinary course of its business operations for its own business purposes. Account Member may copy the EOfficeSearch Reports for its own personal use only and for project specific presentations or reports with a limited and controlled distribution, provided that the source of the EOfficeSearch Reports is attributed to EOfficeSearch and provided that the attribution is in a form approved in writing by EOfficeSearch prior to distribution. Except as expressly provided by this Agreement, Account Member shall not, nor shall it permit any other person to, (a) make or retain any copy of the EOfficeSearch Reports; (b) use the EOfficeSearch Reports as part of any effort to compete with EOfficeSearch, including without limitation, using the EOfficeSearch Reports to provide, alone or in combination with any other product or service, any database services to any third party or any use that causes a reduction or loss of EOfficeSearch sales from an existing or potential Account Member; (c) sell, , license, sublicense, distribute, or otherwise grant to any person any right to use the EOfficeSearch Reports; (d) add, display or create derivative works from the EOfficeSearch Reports; or (e) remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the EOfficeSearch Reports, or fail to preserve all copyright and other proprietary notices in any copy of the EOfficeSearch Reports made by Account Member. All rights in the EOfficeSearch Reports not explicitly granted under this Agreement are expressly reserved by and to EOfficeSearch.
EOfficeSearch may deny access to all or part of the EOfficeSearch Reports without prior notice if Account Member violates any of the terms of this Agreement. EOfficeSearch reserves the right to audit and monitor, whether physically or electronically, the number and frequency of requests for EOfficeSearch Reports a Account Member submits.
EOfficeSearch Reports and all components of the EOfficeSearch Reports, including without limitation, Facility, Property and/or Services, images, illustrations, designs, icons, graphs, charts, lists, photographs, and written and other materials contained in the EOfficeSearch Reports ("EOfficeSearch Reports Proprietary Items") are provided on strictly limited use basis. All rights, including without limitation, Intellectual Facility, Property and/or Services Rights, title, and interest in the EOfficeSearch Reports lie exclusively with EOfficeSearch. No title, Intellectual Facility, Property and/or Services Rights or other ownership rights to the EOfficeSearch Reports are transferred to Account Member pursuant to this Agreement. Account Member acknowledges that the restrictions in this Agreement are reasonable and necessary to protect EOfficeSearch's legitimate business interests.
Governing Law
This Agreement, and the Listings, Reports and/or Services provided by EOfficeSearch, shall be governed by the laws of the State of Tennessee, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Shelby County, Tennessee for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Assignment
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by User and/or Account Member without the prior written consent of EOfficeSearch, which retains the right to withhold consent in its sole discretion.
Notices
All notices to Company must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at EOfficeSearch.
Entire Agreement
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
