Eyrus, Inc. and/or its affiliates (“Eyrus”, “we” or “us”) operate a website (“Eyrus Website”) located at www.Eyrus.com from which you may purchase services (“Eyrus Services”).
1. Information that you provide to us
2. Eyrus Website IP
You may choose to or we may invite you to submit comments or ideas about improvements to the Eyrus Website or our products or services (“Ideas”). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Eyrus has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.
3. Access to Eyrus Website
Eyrus grants you a limited, revocable, non-exclusive, non-transferable license to access the Eyrus Website. This license does not include a right to use any of the content and information. Your permissions and/or licenses are automatically terminated by any unauthorized use.
4. Products, Content and Specifications
Details of the services available for purchase in the Eyrus Website (“Eyrus Website Services”) are set out in the Eyrus Website. All features, content, specifications, products and prices of services described or depicted in this Eyrus Website are subject to change at any time without notice.
5. Your account
We may require that you create an account to access the Eyrus Website, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.
6. Sanctions and export policy
You may not use the Eyrus Website or purchase any Eyrus Website Service in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that the Eyrus Website or any Eyrus Website Service is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.
7. No warranties
We provide the Eyrus Website, Eyrus Website IP and Eyrus Website Services “as is” and “as available”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of condition, warranty or guarantee. No data, documentation or any other information provided by Eyrus or obtained by you from or through the Eyrus Website – whether from Eyrus or another entity, and whether oral or written – creates or implies any warranty from Eyrus to you.
Eyrus disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the Eyrus Website; (b) that the Eyrus Website Services will meet your specific needs or requirements; (c) that the Eyrus Website will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Eyrus will correct any defects or errors in the Eyrus Website; or (e) that the Eyrus Website is free of viruses or other harmful code. Use of data, products or services that you access, purchase or download through the Eyrus Website is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase or download.
8. Limitation of liability
You agree to limit any additional liability not disclaimed or denied by Eyrus in relation to the Eyrus Website, Eyrus Website IP, and Eyrus Website Services, to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amounts paid by you to Eyrus during the twelve-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested.
f) Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration.
10. Applicable law
11. Modification and severability