INTERNATIONAL EUGENEKORCH&CO WEBSITE TERMS OF USE
Welcome to this EUGENEKORCH&CO website. By accessing, browsing or using this website and all EUGENEKORCH&CO owned and/or operated websites-, (the “EUGENEKORCH&CO Websites”), you are agreeing to comply with and be bound by the following Terms of Use (the “Terms”) and all terms and conditions incorporated by reference. Please review these Terms carefully before using the EUGENEKORCH&CO Websites. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE EUGENEKORCH&CO WEBSITES.
EUGENEKORCH&CO may, without notice to you, at any time amend these Terms and any other information contained on the EUGENEKORCH&CO Websites. Your continued use of the EUGENEKORCH&CO Websites after any changes to these Terms have been posted will be considered your acceptance of those changes.
You agree that your use of the EUGENEKORCH&CO Websites is on behalf of your company or another legal entity and you hereby represent and warrant that you are not a consumer.
SCOPE OF TERMS
These Terms apply to EUGENEKORCH&CO Websites and to any secure areas of those websites. These Terms also apply to any and all online resources, materials, download areas, tools and interactive venues provided on the EUGENEKORCH&CO Websites, including without limitation, blogs, community forums, chat rooms, discussion sites, service offerings information (hereinafter, “Online Mediums”), both now and in the future. EUGENEKORCH&CO may also publish medium-specific terms of use, in which event these Terms shall remain in full force and effect to the extent that the Terms do not conflict with the medium-specific terms of use.
OWNERSHIP OF CONTENT
The EUGENEKORCH&CO Websites; their past, present and future versions; all pages found within the EUGENEKORCH&CO Websites; the material and information on the EUGENEKORCH&CO Websites; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitation the design, structure, “look and feel” and arrangement of such content contained on the EUGENEKORCH&CO Websites (hereinafter, the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled or licensed by or to EUGENEKORCH&CO, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and other proprietary rights and unfair competition laws. In using the EUGENEKORCH&CO Websites or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notices contained on the EUGENEKORCH&CO Websites. All rights not expressly granted are reserved.
The EUGENEKORCH&CO Websites and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resold, or otherwise distributed in any way, without EUGENEKORCH&CO’S express prior written authorisation. You are granted permission to display on your computer, print and download the Content on the EUGENEKORCH&CO Websites solely for your own personal, non-commercial and educational use. You must retain copyright and other notices on any copies of the Content you make. Certain Content and documents available on the EUGENEKORCH&CO Websites are open source Content and documents subject to the applicable open source licence and are so marked. Your use of those materials is governed by the individual applicable licence. Unauthorised use of the EUGENEKORCH&CO Websites or the Content contained on or available through the EUGENEKORCH&CO Websites or any linked websites may violate applicable Intellectual Property laws or other laws.
The EUGENEKORCH&CO, Online Mediums and Content may contain user or third party submitted content, such as feedback and suggestions, posts or submissions and other materials (hereinafter, the “Submissions”) intended for review by the general public, or by members of any public or private community. EUGENEKORCH&CO does not claim ownership of the Submissions and to the full extent permitted by law shall have no obligation or liability of any kind, including without limitation errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved or endorsed by EUGENEKORCH&CO and are provided solely for convenience to EUGENEKORCH&CO customers and users. EUGENEKORCH&CO reserves the right to monitor, restrict access to, edit or remove any Content available via the Online Mediums.
Notice and takedown of material. EUGENEKORCH&CO encourages you to report material that you believe warrants removal from the EUGENEKORCH&CO Websites, Online Mediums and Content based on applicable laws. If you would like to report such material for removal, please click here. If you believe that any of the material on the EUGENEKORCH&CO Websites infringes your copyright, please click here to submit a Copyright Infringement notice. Following EUGENEKORCH&CO’s receipt of your report of material that you believe warrants removal or Copyright Infringement notice, as applicable, EUGENEKORCH&CO will contact you as quickly as possible. EUGENEKORCH&CO may request you provide additional information as necessary to investigate your specific report of material that you believe warrants removal and/or Copyright Infringement complaint.
COPYRIGHT
EUGENEKORCH&CO retains copyright and/or applicable rights to all text and graphic images supplied on EUGENEKORCH&CO Websites.
You may print and download the information on EUGENEKORCH&CO Websites for your own personal, non-commercial and educational use. Unless permitted by mandatory rules of law, you may not distribute any text or graphics featured on EUGENEKORCH&CO Websites to others without the express written permission of EUGENEKORCH&CO, "mirror" this information on your own site without written permission from EUGENEKORCH&CO or modify or re-use in any way the text or graphics on this site.
You may not use the EUGENEKORCH&CO Websites, Content or Online Mediums for any purpose or in any manner that infringes the rights of any third parties.
TRADEMARKS
The trademarks, service marks, logos, slogans and domain names (“Marks”) referenced on the EUGENEKORCH&CO Websites are either common-law trademarks or registered trademarks of EUGENEKORCH&CO or its subsidiaries and are protected by trademark and other laws in the United Kingdom, the United States, the European Union and other countries, and international laws and treaties.
Use of EUGENEKORCH&CO trademarks is prohibited unless expressly authorised by EUGENEKORCH&CO. You are not permitted to use any Marks displayed on the EUGENEKORCH&CO Websites, metatags or any other “hidden text” utilising Marks of EUGENEKORCH&CO and its licensors, without the prior written permission of EUGENEKORCH&CO or such third party who may own the Mark. Without the express prior written consent of EUGENEKORCH&CO, no EUGENEKORCH&CO Mark may be used in a manner that implies an affiliation with, approval by, endorsement of or sponsorship by EUGENEKORCH&CO.
All Marks remain the sole property of their respective holders. You may print copies or download copies of the information on this site for your own personal, non-commercial and educational use.
You may not distribute any text or graphics herein to others without the express written permission of EUGENEKORCH&CO, "mirror" this information on your own site without permission from EUGENEKORCH&CO, or modify or re-use in any way the text or graphics on this site.
The names of actual companies and products mentioned on the EUGENEKORCH&CO Websites may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association with EUGENEKORCH&CO. Nothing contained on the EUGENEKORCH&CO Websites should be construed as granting, by implication or otherwise, any licence or right to use any Marks displayed on the EUGENEKORCH&CO Websites.
Trademark guidelines and a list of EUGENEKORCH&CO trademarks and service marks can be found here: www.EugeneKorch&Co.com/information/legal/tmlist.
Logo Requests. EUGENEKORCH&CO customers wishing to use the "EUGENEKORCH&CO " logo or the "EUGENEKORCH" logo must submit their request to info@eugenekorch.com
EUGENEKORCH&CO channel partners may use the channel partner tier logo as specified in their agreement with EUGENEKORCH&CO and according to specific guidelines and other partner program resources provided to channel partners.
YOUR USE OF THE EUGENEKORCH&CO WEBSITES
Privacy Policy. EUGENEKORCH&CO’s privacy policy, as it may change from time to time, applies to the collection and use of personal data and is made a part of these Terms by this reference. The privacy policy is available on the same EUGENEKORCH&CO Website that features these Terms.
Password Protected Areas. Access to and use of password protected areas of the EUGENEKORCH&CO Websites is restricted to authorised users only. You agree that you: (i) will provide current, complete and accurate identification, contact and other information about you as you may be prompted by the registration process on the EUGENEKORCH&CO Websites; (ii) are responsible to maintain, keep current and update any registration data and other information you provide to EUGENEKORCH&CO; (iii) are entirely responsible for maintaining the security of your password, identification and account and for any and all activity that occurs under your account; and (iv) will notify EUGENEKORCH&CO immediately of any unauthorised access or use of your account or password or any other breach of security. You understand that any person with your password will be able to access your account and any registration data, including, without limitation access to your servers and applications accessible through your account. You accept sole risk of unauthorised access to your account. To the full extent permitted by law EUGENEKORCH&CO will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by EUGENEKORCH&CO or any other user or visitor to the EUGENEKORCH&CO Websites due to someone else using your password or account because of your non-performance under these Terms. You may not use anyone else’s account at any time, without the permission of the account holder.
Content you Submit. EUGENEKORCH&CO appreciates hearing from you. Blogs, community forums, chat rooms and other discussion sites may be made available to our customers and users. You acknowledge and agree, that any content you, as a user, may submit via the Online Mediums will become public information and it shall be deemed to be provided on a non-confidential basis, except for resumes submitted solely for consideration for employment with EUGENEKORCH&CO which may be shared within EUGENEKORCH&CO on a “need to know” basis. You should always use caution when submitting personal data about yourself or third parties in any Online Mediums. Without prejudice to the limitations of use of your personal data as set out in EUGENEKORCH&CO Privacy Policy, as it may change from time to time, EUGENEKORCH&CO is free to use or disseminate such contributed content on an unrestricted basis for any purpose, and you grant EUGENEKORCH&CO an irrevocable, worldwide, perpetual, royalty-free licence to use, reproduce, modify, adapt, incorporate, transmit, display, publish, post, resell and otherwise distribute such Submission and contributed content (including, without limitation, creative ideas, suggestions, materials, names, voices, likeness and other personal data contained in your Submission) in any form and media now known or which shall become known in the future for any purposes whatsoever, including without limitation, using such information, ideas, inventions and creative ideas for development, marketing and promotional purposes, without any notice or compensation to you.
EUGENEKORCH&CO is under no obligation to use the contributed content and your Submissions and may remove any such content or Submission at any time at its sole discretion. EUGENEKORCH&CO reserves the right to terminate your access to Online Mediums at any time, without notice, for any reason whatsoever.
You represent and warrant that you own or otherwise have permission to submit any such materials and grant EUGENEKORCH&CO the rights described herein.
No Unlawful or Prohibited Use. You agree not to upload, post or otherwise transmit via the Online Mediums any content that: (i) is misleading, harmful, threatening, abusive, harassing, defamatory, offensive, violent, obscene, pornographic, vulgar, libellous, racially, ethnically, religiously or otherwise objectionable; (ii) constitutes unauthorised disclosure of personal or confidential information; (iii) infringes any patent, trade mark, trade secret, publicity right, privacy right, copyright or other intellectual property or any rights of any party; (iv) contains viruses, Trojan horses, Worms, corrupted files or code, files and programs designed to impede or destroy the functionality of any computer software or hardware; spyware and malware designed for phishing and with a view to compromise the data security and integrity, and obtain sensitive personal or financial information.
You also agree not to use the EUGENEKORCH&CO Websites or Online Mediums to: (i) impersonate an employee or a representative of EUGENEKORCH&CO, its divisions and subsidiaries; (ii) misrepresent your identity or affiliation with a person or entity; (iii) send bulk mail, spam, “chain letters” and other unsolicited and unauthorised communication; (iv) attempt to gain unauthorised access to any portion or feature of the EUGENEKORCH&CO Websites or any other system or networks connected to the EUGENEKORCH&CO Website or any other services offered through the EUGENEKORCH&CO Websites, and/or other accounts not belonging to you, or violate security of any portion of the EUGENEKORCH&CO Websites, by hacking, password mining or any other means; (v) obtain or attempt to obtain any information, materials or documents not purposely made available through the EUGENEKORCH&CO Website or Online Mediums through any means; (vi) attempt to interfere with the proper working of the EUGENEKORCH&CO Websites or any transaction being conducted on the EUGENEKORCH&CO Websites or to restrict or inhibit any other user from accessing or using the EUGENEKORCH&CO Websites, by means of hacking or defacing any portion of the EUGENEKORCH&CO Websites; (vii) violate any applicable local, state, national or international law, including without limitation regulations by the U.S. Securities and Exchange Commission, and the Office of Foreign Assets Control.
OTHER TERMS AND CONDITIONS
Your Purchase of Services and Services Availability. Specific terms and conditions apply to your purchase of services from EUGENEKORCH&CO and to specific portions or features of the EUGENEKORCH&CO Websites. EUGENEKORCH&CO obligations with regards to its services offered on the EUGENEKORCH&CO Websites are governed solely by such terms and conditions and nothing contained on the EUGENEKORCH&CO Websites or in these Terms shall be construed to alter terms and conditions that are specific to services. The materials on the EUGENEKORCH&CO Websites with respect to services may be outdated and EUGENEKORCH&CO makes no commitment to update such material. Not all services mentioned in these materials will be available in your country and such references do not imply that EUGENEKORCH&CO will make available such services in your country. Please consult your local Racker for information regarding the availability of particular service offerings in your country.
Promotions. The EUGENEKORCH&CO Websites may contain or offer promotions or other similar features, which may be subject to a separate set of rules that describe the promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine the sponsor’s requirements in connection with the applicable contest or promotion.
LINKING TO EUGENEKORCH&CO WEBSITES
We greatly appreciate your efforts in letting your clients know about us. You may link to the EUGENEKORCH&CO Websites by using a text link and linking to a EUGENEKORCH&CO Websites homepage. Linking directly to any other webpage or content within the EUGENEKORCH&CO Websites is prohibited without EUGENEKORCH&CO’ prior written permission. EUGENEKORCH&CO only consents to links in which the link and the pages that are activated by the link do not: (i) duplicate the website content; (ii) frame or create any other border around any content on the EUGENEKORCH&CO Websites or any pages on the EUGENEKORCH&CO Websites or use other techniques that alter in any way the visual presentation or appearance of any content within the EUGENEKORCH&CO Websites; (iii) misrepresent your relationship with EUGENEKORCH&CO or otherwise create a false affiliation, connection or association with EUGENEKORCH&CO; (iv) imply that EUGENEKORCH&CO approves or endorses you, your website, or your services or product offerings; (v) present a false or misleading impression about EUGENEKORCH&CO or otherwise damage the goodwill associated with the EUGENEKORCH&CO name or Marks; (v) use EUGENEKORCH&CO Marks in page text, metatags and/or hidden text for purpose of gaining higher rankings from search engines; (vi) utilise EUGENEKORCH&CO name, Marks, colours, logos or any other brand features of EUGENEKORCH&CO, nor your relationship with EUGENEKORCH&CO for purposes of or in any manner which intentionally gives rise to advertising or publicity without EUGENEKORCH&CO’ prior written permission. As a further condition to being permitted to link to the EUGENEKORCH&CO Websites, you agree that EUGENEKORCH&CO may at any time, in its sole discretion, terminate permission to link to the EUGENEKORCH&CO Websites. In such event, you agree to immediately remove all links to the EUGENEKORCH&CO Websites and to cease using any EUGENEKORCH&CO Marks. EUGENEKORCH&CO reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the EUGENEKORCH&CO Websites.
Except for the link logos as provided by EUGENEKORCH&CO, you may not use the EUGENEKORCH&CO corporate logo or any other brand feature to link to EUGENEKORCH&CO.
LINKS TO THIRD PARTY WEBSITES
The EUGENEKORCH&CO Websites may contain links and references to non- EUGENEKORCH&CO websites and resources (“Linked Websites”) and are provided for convenience only. If you decide to leave EUGENEKORCH&CO Websites and access Linked Websites, you do so at your own risk and EUGENEKORCH&CO will have no liability arising out of or related to such Linked Websites and/or their content or any damages or loss caused or alleged to be caused by or in connection with any purchase or use of any such content, goods or services available on or through any such Linked Website. EUGENEKORCH&CO has not reviewed the Linked Websites and EUGENEKORCH&CO is not responsible for the content, accuracy or opinions expressed on these websites. Inclusion of these links on EUGENEKORCH&CO Websites does not apply approval or endorsement by EUGENEKORCH&CO of the Linked Websites, their entities or products and services. Please understand that the Linked Websites, even if they contain a EUGENEKORCH&CO logo, are independent websites, and EUGENEKORCH&CO does not control the content on that Linked Website. Additionally, EUGENEKORCH&CO is not a party to or responsible for any transaction you may enter into with any such third party, even if you learn of such third party from EUGENEKORCH&CO, by way of reference or link provided on the EUGENEKORCH&CO Websites.
FORWARD-LOOKING STATEMENTS
All statements on the EUGENEKORCH&CO Websites other than statements of historical fact are statements that could be deemed forward-looking statements, including, but not limited to, any projections of financial information; any statements about historical results that may suggest trends for our business; any statements about operational improvements or third party data that may suggest trends for our business or industry; any statements of the plans, strategies, and objectives of EUGENEKORCH&CO for future operations or service offerings; any statements of expectation or belief regarding future events, potential markets or market size; technology developments, and any statements of assumptions underlying any of the items mentioned. Risks, uncertainties and assumptions include the possibility that expected benefits from our operational improvements or service offerings may not materialise. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties that involve risks, many of which are beyond our control and not guarantees of future performance. If such risks or uncertainties materialise or such assumptions prove incorrect, the results of EUGENEKORCH&CO could differ materially from our current expectations as a result of many factors, including but not limited to: the unpredictable nature of our rapidly evolving market and quarterly fluctuations in our business; the effects of competition; and any adverse changes in our indirect channel relationships. These and other risks and uncertainties associated with our business are described in our quarterly and annual reports filed with the Securities and Exchange Commission at www.sec.gov/edgar.shtml. Except as required by law, EUGENEKORCH&CO assumes no obligation to update these forward-looking statements publicly, or to update the reasons, and actual results could differ materially from those anticipated in these forward-looking statements, even if new information becomes available in the future.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, you expressly understand and agree that EUGENEKORCH&CO and any contributor to the user-generated content via Online Mediums (“EUGENEKORCH&CO Licensors”) SHALL NOT BE LIABLE to you for:
1) any loss or damage which you may incur, including without limitation as a result of any reliance placed by you on the accuracy, completeness or suitability of the Content, or any changes EUGENEKORCH&CO and EUGENEKORCH&CO Licensors may make to the EUGENEKORCH&CO Websites, Online Mediums and Content, or any temporary interruption or permanent cessation in the provision of the Online Mediums and Content, or, if applicable, your failure to safeguard your account details or passwords;
2) any loss or damage which you may incur as a result of your leaving the EUGENEKORCH&CO Websites and accessing Linked Websites. This includes without limitation any loss or damage that you may incur as a result of any reliance placed by you on the accuracy, completeness or suitability of the content on Linked Websites;
3) to the full extent permitted by law, any damages whatsoever, including without limitation direct, indirect, special, incidental, consequential damages arising out of or in connection with your use of, your inability to use, or results of the use of the EUGENEKORCH&CO Websites, Online Mediums and Content and any Linked Websites (including without limitation for loss of or damage to business, revenues, goodwill or data) even if EUGENEKORCH&CO and EUGENEKORCH&CO Licensors had previously been advised of, or reasonably could have foreseen, the possibility of such loss or damages, however they arise, whether in breach of contract, negligence or other tortious action.
Nothing in these Terms shall exclude or limit liability to a greater extent than is permitted by applicable law and nothing in these Terms shall exclude or limit liability for fraud, fraudulent misrepresentation, or for death or personal injury caused by negligence.
INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold EUGENEKORCH&CO, its subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives and EUGENEKORCH&CO Licensors, their subsidiaries, affiliates, shareholders, officers, directors, agents, employees and representatives harmless from any claims and demands, including reasonable attorneys’ fees, made by any third party arising from or relating to: (i) your use of and access to the EUGENEKORCH&CO Websites, Online Mediums and Content; (ii) content you submit, post, transmit or otherwise make available via the EUGENEKORCH&CO Websites and Online Mediums; (iii) your violation of these Terms or EUGENEKORCH&CO Websites’ specific Terms and Conditions. This indemnification obligation will survive the termination of your EUGENEKORCH&CO account or these Terms.
GENERAL
The Terms constitute the entire agreement between you and EUGENEKORCH&CO relating to your use of and access to the EUGENEKORCH&CO Websites and Online Mediums and Content. You may also be subject to Online Medium or Content specific terms of use. Where these Terms intend to create any right for any third party to rely upon these Terms in any way and/or where specific clauses of these Terms are considered to be so called “third party stipulations” and such are accepted by the respective third party, such third party shall not become a party to the agreement between you and EUGENEKORCH&CO. The laws of England shall govern any action related to the Terms and your use of the Online Mediums and Content, without regard to the choice of law rules. In any dispute between you and EUGENEKORCH&CO, you agree to submit to the non-exclusive jurisdiction of the courts located in England. In the event of any violations of the Terms, EUGENEKORCH&CO reserves the right to disable your access to the EUGENEKORCH&CO Websites, Online Mediums and Content and seek all remedies available by law and in equity.
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© EUGENEKORCH&CO.
01st January 2023
© 2023 EUGENEKORCH&CO — Revised on March 23, 2023