Terms & Conditions of Use
Effective as of January 1, 2024 (the “Effective Date”), these terms and conditions govern your use of our website. Every time you visit our website you are using our website, and your use constitutes acceptance of these Terms and Conditions of Use. We may change these Terms and Conditions of Use at any time and from time to time. These Terms and Conditions of Use govern your use of our materials available on our website or obtained through our website (the “Materials”).
1. GRANT OF RIGHTS; RESTRICTIONS ON USE. You are granted a nonexclusive, nontransferable, limited right to access and use the Materials we have made available to you. Specifically, you are granted (a) the right to display electronically the Materials retrieved from our website for your individual use, and (b) the right to create a single printout of the Materials you access or download. The Materials are protected by copyright, intellectual property laws, and other laws that prevent unauthorized access and use. You are prohibited from downloading, emailing, faxing, storing, reproducing, transmitting, displaying, copying, distributing, or using the Materials for any commercial purpose. You may not exploit the goodwill of our Company, including our trademarks, service marks, or logos without our prior written consent. Additionally, under no circumstances may you offer any part of the Materials for commercial resale or commercial redistribution in any medium nor may you use the Materials to compete with us. All right, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Materials in any medium belong to us. You do not acquire any proprietary interest in the Materials or copies thereof except the limited rights granted herein. You may not use the Materials in any fashion that infringes the intellectual property rights, privacy rights, or proprietary interests of our Company or any third party. Your use of the Materials must comply with all applicable laws, rules, and regulations.
2. LIMITED WARRANTY. We represent and warrant that we have the right and authority to make the Materials available on our website. However, THE MATERIALS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. LIMITATION OF LIABILITY. We shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from: (a) any errors in or omissions in the Materials, (b) your use of the Materials, (c) the content, accuracy, or completeness of Materials, or (d) any content retrieved from the Internet even if retrieved from within or linked to our website or the Materials. WE WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LEGAL COSTS OR ATTORNEYS’ FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR USE OF OUR WEBSITE OR THE MATERIALS OR TO CLAIMS, OR DAMAGES ARISING FROM YOUR INFRINGEMENT OF INTELLECTUAL PROPERTY OR MISAPPROPRIATION OF PROPRIETARY DATA BELONGING TO OUR COMPANY OR ANY OTHER PARTY OBTAINED FROM OUR WEBSITE.
4. PRIVACY and DATA SECURITY. Your use of our website is not subject to any agreement, written or otherwise, under or by virtue of which we will obtain any of your Personally Identifiable Information (“PII”). As we do not have a contract with you, we will not request any PII from you, which in turn means we have no duty or obligation with respect to your privacy or the security of your PII. If we enter into a contract with you to sell you our products or services, if privacy and PII data security are relevant to that sale those topics will be addressed in the contract that will pertain to that sale.
5. MISCELLANEOUS.
A. All notices and other communications to us must be in writing or transmitted electronically. Notices shall be deemed to have been properly given if mailed to us at our corporate address, which is 1616 Brookwood Drive, Little Rock, AR 72202.
B. BY YOUR USE OF OUR WEBSITE, YOU AGREE, ON BEHALF OF YOURSELF AND YOUR HEIRS, EXECUTOR, ADMINISTRATOR, SUCCESSORS AND ASSIGNS, THAT ANY SUIT, ACTION, DISPUTE, OR PROCEEDING BROUGHT OR INSTITUTED BY YOU AGAINST US OR OUR SUCCESSORS OR ASSIGNS ARISING OUT OF, CONCERNING, OR IN ANY WAY RELATING IN ANY WAY TO YOUR USE OF OUR WEBSITE OR THE MATERIALS SHALL BE TRIED WITHOUT A JURY. YOU KNOWINGLY, EXPRESSLY, VOLUNTARILY, AND INTENTIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN ANY SUCH SUIT, ACTION, DISPUTE, OR PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY LAW.
D. THESE TERMS AND CONDITIONS OF USE SHALL BE CONSTRUED AND THE LEGAL RELATIONS BETWEEN THE PARTIES DETERMINED IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARKANSAS, WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW RULES WHICH MAY DIRECT THE APPLICATION OF THE LAWS OF ANY OTHER JURISDICTION. ANY DISPUTE HEREUNDER REQUIRING JUDICIAL RESOLUTION SHALL ONLY BE MADE THE SUBJECT OF AN ACTION BROUGHT IN A COURT OF COMPETENT JURISDICTION LOCATED IN PULASKI COUNTY, ARKANSAS, AND YOU ACCEPT THE EXCLUSIVE JURISDICTION OF SUCH COURTS.
E. Our website and the Materials are not, nor are they intended to be, legal, accounting, financial, or other professional advice or a substitute for advice of an attorney, accountant, financial advisor, or any other professional. The Materials are intended only as general information and are not intended to be, and should not be, relied upon as professional advice. We shall not be liable for any errors or omissions in the Materials, and you assume all risks and liabilities in relying on them, contributing to a third party’s reliance on them, or inducing a third party to rely upon them. If you require professional advice, you should obtain the services of a competent professional, and you cannot rely on or use our website or the Materials as a substitute for such advice. No relationship exists or shall be deemed to exist between you and our Company by your use of our website or the Materials.
F. These Terms and Conditions of Use constitute our entire agreement with you, the user. The Terms and Conditions of Use replace and supersede any prior written or verbal terms and conditions of use and any communications or representations concerning your use of our website or the Materials.
Questions?
Please contact your EBI Representative if you have any specific questions or would like to have a personalized conversation.
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