Terms of Service

This Terms of Service was updated on March 25, 2019.

This Terms of Service Agreement (“Agreement”) is a legally binding contract between you (“you” or “your”) and ECGator (“Company,” “we,” “us” or “our”). This Agreement specifies the terms and conditions for access to and use of www.ecgator.com website (“Site” or “Sites”) and the services provided (“Service”) to inform our Site users and visitors (“you” or “your”) and describes the terms and conditions applicable to your access to and use of the Service. By using the Service, and in consideration of ECGator providing the Service to you, you agree to comply with and be bound by this Agreement, and ECGator’s Privacy Policy, found at www.ecgator.com/privacy_policy, and incorporated herein by reference. Please review these terms and conditions and the Privacy Policy carefully.

You understand that by using the Service, including content provided therein, or your account, you are agreeing to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement in its entirety, you may not access or use the Service.

1. Agreement. This Agreement applies to all uses of the Service. ECGator reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Service or modify this Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at www.ecgator.com/terms_of_service. Posting on the ECGator Site a change notice or a new agreement is considered sufficient notice to you of the modifications. However, you agree to be bound by any superseding Terms of Service agreements, even if you have not received notice of such a change. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement and modifications thereto. If modifications of the Agreement are not acceptable to you, your only recourse is to terminate this agreement and immediately refrain from using any and all services provided by the Service. Your continued use of the Service constitutes ratification of your acceptance of any new terms.

2. Right to Access. ECGator reserves the right to prevent and/or prohibit access to the Service by anyone for any reason, consistent with applicable law, including your failure to follow the policies itemized herein, as a result of which ECGator in its sole discretion may take appropriate action, including, but not limited to temporarily suspending or permanently banning a user from accessing the Service. You acknowledge that use of the Service is a privilege granted under this Agreement and that your rights will not be considered abridged in the event that you are denied access to the Service.

3. ECGator Accounts. Subject to the limitations listed in these Terms of Service, ECGator hereby grants you permission to use the Service. You expressly acknowledge that if you do not comply with any provision of the Terms of Service, ECGator can terminate your use of the Service without notice, at no cost to ECGator, and without ECGator being liable to you.

You expressly agree that you are solely responsible for any activities or actions that occur on your account, whether or not you have authorized such activities or actions. Specifically, you agree that you are solely responsible for the content you posted, transmitted, updated, or otherwise provided by or from your account. You must notify ECGator immediately of any breach of security or unauthorized use of your device or account. Although ECGator will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ECGator or others due to such unauthorized use.

You agree that the information that you provide to ECGator upon registration, and at all other times will be true, accurate, current and complete. You may terminate your ECGator account at any time and for any reason, except as provided in Section 7 below, by selecting “Cancel Membership” in your account preferences.

4. Intellectual Property Rights and Ownership

Definitions: “Content” as used in this Agreement means, collectively, the text, images, illustrations, icons, headers, date, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like made available through the Service, excluding User Content. “User Content” as used in this Agreement means, collectively, the text, data, remarks, suggestions, ideas, graphics, images, photos, audio and video files, and other content and information which you send, deliver, publish, post, upload, and otherwise submit through the Service. User Content may include incorporation and modification of existing copyrighted materials sent, delivered, published, posted, uploaded or otherwise submitted through the Service (collectively, “User Submissions”). User Content and User Submissions shall collectively be referred to herein as “User Content and Submissions.”

Content: “ECGator” is a trademark of Arkaive, Inc. All Content on the Service, including without limitation the trademarks, service marks and logos contained therein are owned by or licensed to Arkaive, subject to copyright and other intellectual property rights or licenses held by Arkaive under the law. All Content is copyrighted under the U.S. and international copyright laws and Arkaive owns, to the fullest extent allowed by such law, the copyright in the arrangement, coordination, enhancement and selection of such Content or this Service.

Service Content, defined in Section 5 below, is provided to you as is for your information and personal use only and may not be downloaded, copied, reproduced, republished, distributed, assigned, sublicensed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of ECGator or its respective owners. You agree not to copy materials on the Site or Software, reverse engineer or break into the Site or Software, alter or modify any part of the Site or Software, access content through any technology or means other than the explicitly authorized means ECGator may designate, or use materials, products or services in violation of any law. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of this Service.

User Content: You retain all of your ownership rights in your User Content. You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents and permissions to use and authorize ECGator to use all proprietary rights, including privacy and publicity rights, to any and all User Content and Submissions to enable inclusion and use of the User Content and Submissions in the manner contemplated by the Service and this Agreement. You also hereby grant each User of the Service a non-exclusive license to access the User Content and Submissions which you transmit to such User. ECGator will have no responsibility or liability for and you are solely responsible for creating back-ups of your User Content and Submissions.

Disclaimer: You understand that when using the Service, you will be exposed to User Content and Submissions from a variety of sources, and that ECGator is not responsible for the accuracy or truthfulness relating to such User Content and Submissions. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ECGator with respect thereto, and agree to indemnify and hold ECGator, its owners/operators, affiliates, employees, directors, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Service.

ECGator does not endorse any User Content and Submissions or any opinion, recommendation, or advice expressed therein, and ECGator expressly disclaims any and all liability in connection with User Content and Submissions. ECGator does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and ECGator will remove all User Content and Submissions if properly notified that such User Content and Submissions infringes on another’s intellectual property rights. ECGator reserves the right to remove User Content and Submissions without prior notice.

5. Site Use and User Obligations. The Service may be used and accessed for lawful purposes only. You may only access User Content and Submissions that are submitted to you and intended for your receipt. Your use of the Service is solely for your information and personal use, as intended through the provided functionality of the Service. You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with your use of the Service. In addition, you agree that you do not have the right to and will not do any of the following while using or accessing the Service, including without limitation:

Use, copy, reproduce, distribute, transmit, broadcast, display, sell, license, download, or otherwise exploit any Content, User Content or User Submissions (collectively “Service Content”) in any manner not intended by the normal functionality of the Service or otherwise as prohibited under this Agreement;

Publish, post, send, deliver, upload, download, stream, email or otherwise transmit (i) any Content to which you do not have the lawful right to copy, transmit and display (including any User Content and User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content and/or User Submission); (ii) any Content for which you do not have the consent or permission of each identifiable person in the Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the Content) and such consent or permission is necessary; or (iii) any Content that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);

Collect, compile or store Users’ personally identifiable information, or send, upload, stream, email or otherwise transmit to Users any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid schemes” or any other form of solicitations;

Use any meta tags or other hidden text or metadata utilizing a ECGator name, trademark, URL or product name, including without limitation “ECGator”;

Circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Site Content or enforce limitations on the use of the Site or the Site Content herein;

Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at or linked from the Site or Software, servers or networks connected to the Site or Software or the technical delivery systems of ECGator’s providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

Attempt to probe, scan or test the vulnerability of any ECGator system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Software;

Attempt to decipher, decompile, disassemble or reverse engineer any of the components used to provide the Site and Software;

Attempt to access, search or meta-search the Site or Software with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by ECGator or other generally available third party web browsers (e.g. Chrome, Internet Explorer, Firefox, or Safari);

Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering or otherwise commit fraud;

Use the Service in any manner not permitted by this Agreement;

Encourage or instruct any other individual to do any of the foregoing or to violate any term of this Agreement. If you notice another User engaging in any of the aforementioned prohibited policies while using the Service, you agree to immediately notify ECGator administrators at support@ecgator.com.

6. User Interactions. You shall be solely responsible for your own User Content and Submissions and the consequences of posting, publishing, sending, delivering or otherwise transmitting them. You are solely responsible for your interactions (including any disputes) with other Users. You understand that ECGator does not in any way screen Users. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Site and disclosing personal information to other Users. Your use of the Service and Site Content and any other information or other materials made available through the Service is at your sole risk and discretion and ECGator hereby disclaims any and all liability to you or any third party relating thereto. ECGator reserves the right to contact Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in this Agreement. You will cooperate fully with ECGator to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting authorized ECGator representatives access to any password-protected portions of your ECGator account. ECGator may in its sole discretion review Content exchanges and/or other communications engaged in via the Service, in accordance with applicable law, in order to evaluate compliance with the rules and policies set forth in this Agreement or as otherwise technically necessary.

7. Your Payment, Cancellation, and Termination. You agree that until and unless you notify ECGator of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with ECGator. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. Billing for Monthly Plans may be paused, and you may choose to close your account. You agree to pay for the Services in advance of the time period during which such Services are provided and shall be billed automatically to the payment information provided. If your credit card on file for a recurring payment is declined during an attempt to charge it, your access to the Site and Services will be restricted or suspended until the payment is processed successfully. The account may be restored upon successful payment in full.

You are responsible for canceling the re-occurring monthly payment and ECGator is not responsible for canceling any re-occurring payments on your behalf and you are responsible for canceling the re-occurring monthly credit card. You understand that you must de-activate the monthly payment by selecting “Cancel Membership” in your account preferences. You can cancel your account at any time by selecting “Cancel Membership” in your account preferences. Your access to the account will be disabled after your notification of cancellation is received and the account will not be accessible by you after said date.

ECGator may change our fees at any time by posting a new pricing structure to the ECGator Website and/or sending you a notification by email.

8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Service. You further agree that information provided by you is truthful and accurate to the best of your knowledge.

9. Disclaimer. The information contained in the Software and on the Site, including all content, materials, information, products, and services included therein are provided on “as is,” “as available” basis without warranties of any kind. You agree that use of the Service and its content is at your sole risk. ECGator expressly disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of: title, merchantability, fitness for a particular purpose, course of dealing, course of performance and non-infringement. ECGator makes no warranties or representations about the accuracy or completeness of the service content or the content of any websites linked to the Service. ECGator does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, or any hyperlinked website or featured in any banner or other advertising, and ECGator will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. To the extent your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the software shall be to discontinue use of the service.

10. Limitation of Liability. Under no circumstances will ECGator, its officers, directors, employees, partners, or agents be liable or responsible for any direct, indirect, incidental, consequential special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to the service, your use of the service, or the software and website content, including without limitation (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the service, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content submitted, published, streamed, broadcasted, transmitted, or otherwise made available via the service, whether the damages are foreseeable and even if advised of the possibility of such damages. The foregoing limitation of liability will apply to the fullest extent permitted by law in the applicable jurisdiction. Your sole remedy for dissatisfaction with the service and/or content is to cease all use of the service.

11. Use of Information/Assignment. You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of ECGator. Any purported assignment or delegation by you without the appropriate prior written consent of ECGator will be null and void. ECGator reserves the right, and you authorize ECGator, to use and assign all information regarding your use of the Service and User Content in any manner consistent with our Privacy Policy.

Our Use of Collected Information:

When you create an account to use the Service, you may provide and shall authorize ECGator to record your business (e.g. business name, phone number, address, website, e-mail, photo, video, class details) as well as personal (e.g. name, e-mail address, photo, phone number) information, which shall be used to relay communications to you.

ECGator uses various technologies to collect information from your device and about your activities on our Site. ECGator automatically collects information from your browser or device when you use the Site. This information could include your IP address, device ID and type, your browser type and language, the operating system used by your device, access times, your device’s or computer’s geographic location while the Site is actively running.

ECGator may assign your device one or more cookies to facilitate access to the Service and to personalize your experience. Through the use of a cookie, ECGator also may automatically collect information about your activity with the Service, such as your visited pages, your visit’s time and date and the links you click. If ECGator advertises, ECGator (or third parties) may use certain data collected on the Site to show you advertisements on other sites or applications.

ECGator may use web beacons and other similar technologies to track your use of the service or to allow third-party advertising companies to serve ads on ECGator’s behalf or track overall effectiveness or performance. Any information that these third parties collect via cookies and web beacons is completely anonymous.

ECGator may use information collected about you to manage its business and services; provide you with customer support and manage your account; communicated with you by telephone, email, or mobile devices; to perform Site or mobile application analytics; enforce or exercise any rights in the Terms of Service; and to perform functions or Services as outlined herein.

12. Relationship of the Parties. For purposes of this Agreement, you are not an employee or agent of ECGator, and you shall not represent that you are any of the foregoing. Each party will be independent and act independently and not as a contractor, partner, joint venturer, agent, employee or employer of the other and will not bind or attempt to bind the other to any contract. Each party will be solely responsible for their own costs and expenses incurred in the performance of their obligations under this Agreement, including without limitation any expenses associated with the implementation of this Agreement.

13. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and ECGator’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

14. Force Majeure. ECGator shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to ECGator infrastructure or connectivity to the Internet, or failure at ECGator co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, ECGator will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues.

15. Termination. ECGator may terminate this Agreement at any time, with or without notice, for any reason. After any termination, either by you in accordance with paragraph 3 or by ECGator, you understand and acknowledge that ECGator will have no further obligation to you. Upon termination, all licenses and other rights granted to you by this Agreement shall immediately cease. ECGator is not liable to you or any third party for any termination. Upon any termination or suspension, any information (including User Content, defined above) that you have submitted via the Site or that which is related to your account may no longer be accessed by you. Furthermore, ECGator shall have no obligation to maintain any information stored in ECGator’s database related to your account or to forward any information to you or any third party.

Any suspension, termination or cancellation shall not affect your obligations to ECGator under this Agreement (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

16. Entire Agreement. This Agreement, together with the Privacy Policy and any other legal notices published by ECGator on the Site or Service, shall constitute the entire and exclusive agreement between ECGator and you regarding the Service and Service Content and supersede and replace any prior agreements between ECGator and you regarding the Service and Service Content.

17. Contact Information. Please e-mail your questions to support@ecgator.com.