Terms & Conditions
Effective Date: June 22, 2018
These Terms and Conditions (“Terms & Conditions” or “T&C”) apply to anyone who has access to thepublic areas of the www.eonsolutions.io website and the posts on LinkedIn (the “Website”). Other terms apply to the use of the eonsoftware.com website, which is restricted to users who have a subscription. If you use both the public area and the restricted area, your use will be subject to two sets of terms, depending on where your activities occur.
READ CAREFULLY BEFORE BROWSING THE WEBSITE.
ACCESSING OR USING THE WEBSITE INDICATES THAT YOU HAVE READ THESE T&C AND YOU AGREE TO FOLLOW AND BE BOUND BY THE T&C THEN IN FORCE.
These T&C incorporate by this reference any other documents that are referenced in, or linked from these T&C, and set forth the provisions of a legal agreement between anyone who has access to the public areas of www.eonsolutions.io website (“visitor”, "you" or "your") and Phase 5 Group, LLC (“Phase 5 Group®”, "we", or "Company"). They govern all access to, and use of, the unrestricted areas of theWebsite as a visitor. Other terms and conditions apply to restricted areas of the Website, known as the EON Platform and found at eonsoftware.com. We retain the right, in our sole discretion, to deny access to the Website, to anyone, at any time and for any reason, including but not limited to, violation of these T&C.
These T&C contain provisions that govern how claims you and we may have against each other are resolved (see Section 22 below) regarding your use of the public areas of the Website, including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with Section 22(H). Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
Access to, or use of, restricted areas of the Website, such as the EON Platform is subject to other rules, guidelines, license agreements, user agreements or other terms and conditions (collectively “Special Terms”). When you use the restricted areas of the Website (i.e. the EON Platform) these Special Terms apply.
“Content” means the webpages, data, messages, text, images, photographs, graphics, audio or video recordings, product descriptions, pricing, and other information or material available from or through the Website.
“Partners” includes the sponsors, advertisers, suppliers, service providers, licensors and other entities that contribute to, or provide services for, the development, financing, and operation of the Platform.
“Platform” means all Content, Platforms and software or other technologies underlying the operation of the Site and the platform known as EON located at eonsoftware.com.
“Services” means the forums, discussion groups, chat areas, bulletin boards, blogs, wikis, messaging or e-mail functions, ratings, and other functionalities or services available from or through the Website, and in connection with which a visitor can upload, download, email, post, publish, transmit, access or make available or share Content with others.
“Share” or “Sharing” means to display, post, email, upload, transmit, publish, or make available to others.
“User” means a registered user who has authorized access to the Platform or restricted areas of the website.
“Visitor” means an individual who uses the public areas of the Website the website.
“Website” means the website(s) located at https://www.eonsolutions.io.
Phase 5 Group may make improvements and/or changes on the Website at any time. All definitions above are intended to apply to the then-current version of the Website.
These T&C may be modified from time to time. Phase 5 Group will post a notice of such changes on the Website in accordance with applicable laws. The revised T&C will be effective as indicated in the notice.
CONTINUED USE OF THE WEBSITE AFTER MODIFIED T&C HAVE BECOME EFFECTIVE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE MODIFIED T&C WITH RESPECT TO ALL DATA THEN IN OUR CUSTODY OR CONTROL.
As a condition of your use of the Website, you warrant that you are not a “minor” as such term is defined in your state or country of residence, and you possess the legal authority to enter into a binding legal obligation.
Please review our Privacy Notice located at https://www.eonsolutions.io/privacy to understand how we collect information about visitors when they access or use the Website. The Privacy Notice is part of, and governed by, these T&C, and by agreeing to these T&C, you agree to be bound by the terms of the Privacy Notice, and agree that we may use information collected from or through the Website in accordance with its terms.
Unless otherwise stated in these T&C, as between you and Phase 5 Group, the Website and the Platform(including its structure and arrangement) are Phase 5 Group's sole property. Phase 5 Group and its licensors retain all rights, title and interest in the Website, including all copyright, patent, trademark, trade secrets and all other intellectual property rights (collectively “Intellectual Property Rights”).
Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any part of the Website is strictly prohibited without Phase 5 Group’s express written consent.
Phase 5 Group grants each visitor a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Website only to the extent that the visitor complies with all provisions of these T&C. Phase 5 Group® reserves all other rights or licenses not expressly granted.
You may use, access, download, store, display on your device (computer, smart phone, tablet), view, listen to, play, share and print any Content that is made available on or through the Website, only for your personal, informational, noncommercial purposes and subject to the following:
Access to the Platform and restricted areas of the Website require the use of a password and a user name. Access to the services may also be subject to payment of a fee and to additional terms. These terms may be found at: https://www.eonsolutions.io/eon-msa-v20170712
We use reasonable technical, physical and other measures to protect the availability and integrity of the Website.
We expect you to use the Website responsibly. Among other things, you agree not to:
Certain areas of the Website (e.g. community and support forums, social media postings) may permit visitors to submit feedback, comments, ratings, information, data, messages, text, software, music, sound, audio, images, photographs, graphics, video, audio, digital recordings (each, a “Suggestion”). We have no obligation to accept, host, publish, display, or distribute any Suggestion on or through the Website. We accept no responsibility or liability with respect to any Suggestion.
No Confidentiality: By sharing a Suggestion, you agree that (a) you are solely responsible for your Suggestions; (b) your Suggestion is considered non-confidential; and (c) you waive all moral rights you may have in your Suggestion and all moral rights of others may have in your Suggestion are waived to the full extent allowed by law.
We do not want to receive confidential information from any visitor through or in connection with the Website. Notwithstanding anything that you may note or state when sharing your Suggestion, any Suggestion will be received and treated as non-confidential and unrestricted.
License Grant: By sharing a Suggestion through the Website or posting it on our social media pages, you grant us on your behalf and on behalf of any person who might have any Intellectual Property Rights in your Suggestion, an irrevocable, perpetual, worldwide, royalty free, nonexclusive, transferable, fully sublicensable license to do any of the following (“License”) for any purpose including, without limitation, commercial purposes, and in any manner that we deem appropriate: to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit, share, and distribute the Suggestion (or any modification thereto), in whole or in part, in any form, medium, or technology now known or later developed.
You agree to indemnify and hold harmless Phase 5 Group, its licensors, partners and their respective officers, directors, employees and agents (collectively “Phase 5 Group Parties”) from and against any and all loss, cost, damage or expense of every kind and nature (including, without limitation, fines, penalties, remedial obligations, court costs and expenses and reasonable attorneys’ fees, including attorneys’ fees incurred in the enforcement of this indemnity provision arising out of the Visitor’s use of the Website, provision of Suggestion, violation of these T&C, or violation or infringement of any third party’s rights, and loss or destruction of property or interests in property in any manner caused by, directly or indirectly resulting from, incident to, connected with, or arising out of the use of the Website, WHETHER OR NOT RESULTING IN WHOLE OR IN PART FROM THE SOLE, CONCURRENT, OR COMPARATIVE NEGLIGENCE, OR STRICT LIABILITY OF THE PHASE 5 GROUP PARTIES.
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AS A CONVENIENCE TO VISITORS, AND WITHOUT ANY WARRANTY OF ANY KIND.
THE PHASE 5 GROUP PARTIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND HEREBY SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
The Website is in constant evolution and is modified, adapted, reformatted or rewritten with very limited time for testing or quality assurance. There may be errors, omissions, deficiencies or inconsistencies. Your use of the Website is at your own discretion and risk.
We disclaim any warranty that (a) the Website is free of viruses or other harmful component: (b) the Website will meet your requirements; (c) the Website will be available without interruptions, will be timely, secure, or error-free; (d) the results that may be obtained from the use of the Website will be accurate or reliable; or (e) the quality of any part of the Service will meet your expectations.
Suggestions posted on the Website have been developed by independent third parties who are not our agents or representatives. The inclusion of any Suggestion on the Website does not constitute any endorsement or recommendation of such Suggestion; we accept no responsibility for the Suggestion or any use of these Suggestions.
The Phase 5 Group Parties disclaim any liability for the Website and for any Suggestions shared by third parties. The Phase 5 Group Parties disclaim any liability for any damage to any device or network, or for loss of data that may result from access to, or use of the Website. Information published on the Website may refer to products, programs, websites, or platforms that are not available in your region.
IN NO EVENT SHALL THE PHASE 5 GROUP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; DAMAGES FOR DATA USE OR MISUSE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES, WHETHER ARISING OUT OF, OR IN CONNECTION WITH, THE WEBSITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR RESULTS OF USE), INCURRED BY VISITOR OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM VISITOR OR THIRD PARTY’S ACCESS TO, OR USE OF, THE WEBSITE OR ANY PRODUCT OR SERVICE OR PLATFORM PROVIDED ON OR THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY PHASE 5 GROUP® PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE ABOVE, THE PHASE 5 GROUP® PARTIES ARE FOUND LIABLE FOR ANY DAMAGES TO VISITOR IN CONNECTION WITH OR RELATED TO THE WEBSITE OR ANY PURCHASE MADE THROUGH THE WEBSITE, IN NO EVENT SHALL THEIR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED, IN TOTAL, ONE HUNDRED US DOLLARS (US 100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the disclaimer, exclusion or limitation of certain liabilities, therefore, some of the above limitations may not apply to you. To the extent that they are held to be legally invalid, disclaimers, exclusions and limitations set forth in these T&C, including those set forth in sections “Disclaimer of Warranty” and “Limitation of Liability,”do not apply and all other provisions shall remain in full force and effect.
To the extent the Phase 5 Group® Parties may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the amount of the Phase 5 Group® Party's liability shall be limited to the minimum amount permitted under such applicable law.
The Website provides links to third party websites and access to material, information, products or services of third parties (collectively “Third-Party Website”). If you use these links, you will leave the Website, and these T&C will not apply to your use of any such Third-Party Websites. You will be deemed subject to the terms and conditions and privacy policies of those Third-Party Websites.
If you decide to access or use any of these Third-Party Websites, you do so entirely at your own risk. Phase 5 Group® does not control and is not responsible for these Third-Party Websites or for any changes or updates thereto. Phase 5 Group® does not endorse or make any representations about such Third-party Websites, or any information or results that may be obtained from using them.
We allow third parties to create links to the Website from other websites. Unless an express agreement states otherwise, you must comply with the following terms and all applicable laws if you provide anyone with a link to the Website:
“Phase 5 Group®” and EON® are registered trademarks of Phase 5 Group® and/or its affiliates. Other names appearing on the Website may be trademarks of their respective owners.
At any time and in its sole discretion, Phase 5 Group® may, without prior notice, and for any reason discontinue providing or limit access to any or all areas of the Website; or terminate, limit, block or suspend a visitor’s access to, or use of, the Website; Phase 5 Group® will not be liable to any visitor or any third-party for any termination or limitation of the visitor’s access to, or use of, the Website, or for the removal of any of the visitor’s Suggestion (s).
The termination of a visitor’s access to the Website results in the termination of any right or license granted to the visitor with respect to the Website, and the visitor must immediately destroy any downloaded or printed Content or third party’s Suggestions, and any copies thereof.
All matters relating to your access to, and use of, the Website, or the Suggestions shared on the Websiteshall be governed by U.S. federal law or the laws of the State of Virginia as applied to agreements made, entered into, and performed entirely in the State of Virginia by Virginia State residents, notwithstanding your actual place of residence or business. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these T&C.
Please Read This Following Clause Carefully
It May Significantly Affect Your Legal Rights
Including Your Right to File a Lawsuit in Court
The term "dispute" is as broad as it can be. It includes any claim or controversy between you and us concerning the Website, the software related to the Website, your account, advertising, marketing, communications, your purchase transaction, billing, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
We are available by email at email@example.com to address any concerns you may have regarding your use of the Website. Most concerns may be quickly resolved in this manner. Each of you and the Phase 5 Group® agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to section (A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these T&C (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Website shall be finally settled by binding arbitration administered on a confidential basis by the American Arbitration Association in accordance with the provisions of the Consumer Arbitration Rules of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these T&C, including, but not limited to, any claim that all or any part of these T&C is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these T&C shall be subject to the Federal Arbitration Act.
The AAA rules governing the arbitration may be accessed at www.adr.org or by calling the AAA at 1.800.778.7879. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to AAA along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to AAA. The arbitration rules also permit you to recover attorney’s fees in certain circumstances.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
You and the Phase 5 Group® each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and the Phase 5 Group® each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section (B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
These terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
You and Phase 5 Group® must file in small claims court or arbitration any claim or dispute (exceptintellectual property disputes) within one year from when it first could be filed. Otherwise, it's permanently barred.
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections (B), C), and (D) above by sending written notice of your decision to opt-out to the address provided in the “how to contact us” section.
The notice must be sent within thirty (30) days of your first use of the Website, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
To the extent that the arbitration provisions set forth in Section (B) do not apply, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Fairfax County. The parties expressly consent to exclusive jurisdiction in California for any litigation other than small claims court actions.
If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable, that provision will be severed but the rest of the section still applies.
The failure of Phase 5 Group® to exercise or enforce any right or provision of these T&C shall not constitute a waiver of such right or provision. If any provision of these T&C is found by a court of competent jurisdiction to be invalid or unenforceable, such part or provision may be modified to make the T&C as modified legal and enforceable, and that the other provisions of these T&C will remain in full force and effect.
The section titles in these T&C are for convenience only and have no legal or contractual effect. These T&C will remain in full force and effect notwithstanding any termination of your use of the Website.
If any provision of these T&C is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these T&C will remain in effect.
These T&C will be interpreted without application of any strict construction in favor of or against Visitor or Phase 5 Group®.
This Website is provided by Phase 5, LLC. If you have any questions regarding these T&C, please contact Phase 5 Group® at firstname.lastname@example.org or 1420 Spring Hill Road, Suite 600, McLean, VA 22102.
California residents may also reach the Complaint Assistance Unit of the Division of Consumer Platforms of the California Department of Consumer Affairs by postal mail at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.