Privacy Policy and Terms of Use Agreement
Last Updated: 06/1/2006

By signing up and logging into this site you indicate your acceptance of this legal contract between us and you. If you do not agree to this Agreement, do not signup or enter this Site. Please read this agreement carefully before using this site as it governs your use of this web site, all content including but not limited to text, information, images, applications, audio, video, and all services made available to you through this website service (collectively, "the Service" or "the Site").

1. License Grants & Restrictions

eChainReaction Sandbox (hereafter "the website" or "we" or "us") hereby grants you a non-exclusive, non-transferable, worldwide right to access and use the Service, solely with supported browsers through the Internet for your own internal non-commercial purposes, subject to the terms and conditions of this Agreement. You may not permit the Service to be used by or for the benefit of unauthorized third parties. Nothing in this Agreement shall be construed to grant you any right to transfer or assign rights to access or use the Service. All rights not expressly granted to you are reserved by eChainReaction Sandbox.

2. Who has Access

This site is designed to be used by individuals signed up for the eChainReaction Sandbox collaboration services. eChainReaction Sandbox reserves the right at all times to terminate your account, and delete any and all user Content, in whole or in part, for any reason including, but not limited to, violations of this Agreement. Users of the Service must be at least 13 years of age. Children under the age of 13 are not permitted to use the Service and no information of children under the age of 13 will be knowingly collected by eChainReaction Sandbox. Users are limited to one account per person. Users are limited to the file size, bandwidth, and storage limitations related to their account level. We reserve the right to disable user accounts that are using excessive bandwidth or otherwise abusing the system. We have the right to change these limitations without notice to the user. In addition, we reserve the right to terminate any account for non-use of longer than 90 days.

3. Registration, User Id and Passwords

Registration is required to use this site. Registered users are required to supply their name and a valid email address. Registration is based on a paid subscription. Each user is responsible for keeping their password confidential. We are not responsible for any damages resulting from the user disclosing their password to another party. You are responsible for all activity occurring under your user accounts and are solely responsible for compliance with all applicable local, state, national, and foreign laws, treaties and regulations relating to your use of the Service, including those related to the protection of intellectual property, data privacy, international communications and the transmission of technical or personal data.
You shall: (i) notify us immediately of any unauthorized use of any password or account or any other known or suspected breach of security; and (ii) report to us immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you to violate this Agreement.

4. Non-US Users

If you are not a resident of the United States, you understand and agree that eChainReaction Sandbox stores and processes your information on computers located in the United States, and by providing any data to us, you consent to the transfer of such information to the United States.

5. Content We Supply

We supply Content that includes copyrighted works proprietary to us or to third parties who have provided us with Content. When you use the Content you must include all copyright and proprietary rights notices and disclaimers that accompany such Content. ANY UNAUTHORIZED OR UNAPPROVED USE OF ANY OF THE CONTENT CONSTITUTES COPYRIGHT INFRINGEMENT AND SUBJECTS YOU TO ALL CIVIL AND CRIMINAL PENALTIES PROVIDED FOR UNDER DOMESTIC AND INTERNATIONAL COPYRIGHT, TRADEMARK, AND OTHER LAWS AND TREATIES. Links to other sites are provided AS IS. Each site is responsible for maintaining their content and are not endorsed by us in any way. Any Content we provide on this site is for informational and educational purposes only. Your reliance upon Content obtained by you on or through the Site is solely at your own risk.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMAITON, OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILBLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Content You Supply

eChainReaction Sandbox reserves the right at all times to disclose any user supplied Content as necessary to satisfy any law, regulation, governmental request or partner request, in its sole discretion. As a condition to your use of the Service, you agree not to: a. upload, post, email, transmit or otherwise make available any information, materials or other content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, offensive, invades another's privacy, or promotes bigotry, racism, hatred for harm against any individual or group; b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; c. forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; d. upload, post, email, transmit or otherwise make available any information, materials or other content that infringes another's rights, including any intellectual property rights; e. 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; f. 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; g. use any manual or automated software, devices, or other processes to "crawl," "spider" or "screen scrape" any web pages contained in this web site or the Service; h. reverse engineer, decompile or disassemble any of the software used to provide this web site or the Service; i. interfere with or disrupt this web site or the Service, or any servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or j. obtain, collect, store or modify the personal information about other users.
By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to this website, you agree that we may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You also agree that we may identify you as the author of any of your postings by name, email address, or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
You agree to defend, indemnify, and hold harmless eChainReaction Sandbox and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors, and suppliers, from all liabilities, losses, damages, claims, costs, and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services or any person to whom you have granted access to the Services, (ii) your violation of any of these Terms of Service, or (iii) any other activity related to your account (including negligent or wrongful conduct).
In the course of using the Service, you may provide us with feedback, including but not limited to suggestions, observations, errors, problems,  or defects regarding the Service (collectively "Feedback"). You hereby irrevocably transfer and assign to eChainReaction Sandbox and agree to irrevocably assign and transfer to eChainReaction Sandbox all of your right, title, and interest in and to all Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, "Intellectual Property Rights") therein. You further acknowledge and agree that, as between the parties, Company owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if eChainReaction Sandbox subsequently incorporates any Feedback into the Service.

7. Use of Cookies and Other Site Tracking Data

A "cookie" is a small file that we save on your computer's hard drive that contains non-personal information. These cookies help to give you faster access to pages you have already visited. They also allow you to personalize your pages, and optimize your experience at our sites. We also use cookies to help us figure out how many people visit our sites, which of our web pages they visit, and how long they stay there. This information helps us figure out which of our web features are highly successful and which features might need improvement. Disabling cookies will prevent you from properly using the Services and accessing the Site.
We use various methods to collect traffic statistics and other aggregate information about visitors to our sites. This data helps us to understand and analyze the experience of people visiting our web site and, along with other information you provide, customize your future visits and improve the Site. For example, we record number of visits, paths taken, and time spent on sites and pages. Each time you visit the Site, we automatically collect your IP address and the web page from which you came. The Service may include the use of ad banners of our partners for the serving and/or targeting of ads, promotions, and other marketing messages. These ads may be provided, in some cases, by a third party ad service provider. The ad service provider may place or utilize their own unique cookie on your browser, and may use non-personally identifiable information about your visit to our sites, such as the number of times you have viewed the ad. We are not responsible for the collection of these cookies and is not responsible for the actions of the ad service providers. We do not sponsor, endorse or guarantee any products or services advertised by third parties on this site.

8. Exclusion of Damages

UNDER NO CIRCUMSTANCES WHATSOEVER WILL WE BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS AND LOST BUSINESS OPPORTUNITIES), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT RESULT FROM, OR RELATE IN ANY MANNER WHATSOEVER TO (1) YOUR USE OF THE SITE, OR RELIANCE ON THE CONTENT, OR (2) ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR ANY OTHER FAILURE TO PERFORM BY US OR OUR CONTENT PROVIDERS. THE FOREGOING EXCLUSION SHALL APPLY REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not permit the exclusion of certain types of damages. Therefore, only if required by applicable law, some or all of the exclusions above may not apply to you. You may have other rights from jurisdiction to jurisdiction.

9. Limitation of Liability

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND WE AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF $1,000 OR THE FEES YOU PAID US DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. YOU AND WE AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND US AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE SITE. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SITE TO YOU.

10. Entire Agreement

This Agreement, contains the entire agreement between you and us relating to the subject matter hereof, and supersedes any other oral or written communications relating thereto. This Agreement may not be amended or supplemented by (1) any purchase order or similar form originated by you relating to the subject matter hereof, or (2) statements of any of our employees.

11. Termination of this Agreement

We reserve the right to terminate your membership if we at any time discover any error or omission in the information that you provide to us or your access becomes abusive. Your right to access and use the Site immediately terminates without further notice upon your breach of this Agreement. We may terminate this Agreement and your right to access and use the Site, or any part thereof, at any time, with or without cause. You may terminate this Agreement by stopping use of the Site.

The following sections of this Agreement survive the expiration or termination of this Agreement for any reason whatsoever: Exclusion of Damages, Limitation of Liability, Entire Agreement, and Termination. We reserve the right to discontinue or make changes to the Site at any time.

12. Jurisdiction

This Agreement has been made in and shall be construed in accordance with the laws of the State of Georgia. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to the agreement or this website.

13. Agreement Amendments

We may revise this Agreement or this Site at any time in our sole discretion without notice. An amended form of the Agreement will be effective immediately upon its posting on this Site. You are responsible for reviewing the most current form of this Agreement before using this Site to ensure that you agree to any revisions to this Agreement. If at any time you do not agree to the revisions we make to this Agreement or this Site, you should immediately stop accessing or using this Site in any manner whatsoever. Your continued use of this Site means that you accept those revisions. You agree that these standards for notice and acceptance of amendments to this Agreement and this Site are reasonable.