Use of Execupay Online Services
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Intellectual Property; Limited License to Users
Use of Software
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Execupay or other third parties. You are not permitted to use the Marks without the prior written consent of Execupay or such third party that may own the Marks. Execupay and the Execupay logo are trademarks of Execupay Services, LLC, Execupay Software, LLC, or Execupay Holdings, LLC. Some software products marketed by Execupay and its suppliers contain proprietary software components of other software vendors: Microsoft®, WINDOWS®, NT®, EXCEL®, Word®, Outlook® and SQL Server® are registered trademarks of Microsoft Corporation. Crystal Reports® are registered trademarks of SAP AG in Germany and in several other countries all over the world. All other products mentioned are trademarks or registered trademarks of their respective companies.
This Site can be accessed from countries around the world and may contain references to Execupay products, services, and programs that are not available in your country. These references do not imply that Execupay intends to announce such products, services, or programs in your country. The Site is controlled, operated, and administered by Execupay from its offices within the United States of America. Execupay makes no representation that the Site, or the Services or Materials available through it, are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of its Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. See the section on export control laws, below, for further information.
Personal Information and Privacy
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL EXECUPAY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EXECUPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, ITS SERVICES, OR MATERIALS, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Export Control laws; Notice to U.S. Government Users
The export and re-export of Execupay software products are controlled by the United States Export Administration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, Execupay software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. By downloading a Execupay software product you are certifying that you are not a national of Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. All Execupay products and publications are commercial in nature. The software and documentation available on this Site are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
Indemnity and Liability
Governing Law and Jurisdiction
This Site is controlled by Execupay from its offices within the state of Texas, United States of America. By accessing this Site, you and Execupay agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. You and Execupay also agree and hereby submit to the exclusive personal jurisdiction and venue of Bexar County District Court and the United States District Court for the Western District of Texas with respect to such matters.
Third Party Software Downloads
Execupay makes no warranty of any kind, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose for third party downloaded software. Furthermore, Execupay disclaims any liability for loss or damage that may occur directly or indirectly from the use of third party downloaded software. You agree to accept the third party downloaded software as is, and assume all risk and expense resulting from use or possession. You also agree to indemnify, defend, and hold harmless Execupay, its officers, agents, and employees from and against any and all claims, liability, loss, damage, or expense, including reasonable attorney’s fees, arising from or by reason of your use or possession of the third party downloaded software.
Execupay operates discussion areas in a good faith attempt to foster open communication via the Internet. Execupay requests that only messages suitable to the subject matter of discussions are posted, and such messages are respectful of others. Execupay reserves the right to cancel any message posted at any time. The views expressed in discussion areas are the thoughts and ideas of the posting author only; Execupay does not necessarily support or endorse any such views. Furthermore, Execupay is not responsible for any loss or damage that may occur directly or indirectly from the posting of a message to the discussion area.