ECS Terms of Use

Terms of Use Agreement

 

Elevator Communication Specialists, Inc., a Florida Profit Corporation, (“ECS”) is a distributor and reseller of connectivity tools and services, including but not limited to telecommunications and internet-based solutions geared towards connectivity in the event of a main telecommunications or internet failure (“Solutions”). These Terms of Use (“Terms”) govern your use and access to the solutions and constitutes a legally binding contract between you, the Customer, and ECS.

 

Agreement. By utilizing the Solutions, you accept and agree to be bound and are bound by these Terms. The Company reserves the right, at its sole discretion, to modify, change, revise, add or remove portions of these Terms at any time, without notice. All changes are effective upon posting of said terms on our Website (get-ecs.com).

 

Use of Suppliers. Company uses external service providers and other licensors/suppliers, and works with other third parties, to provide hosting of and otherwise facilitate the Solutions, to provide other services in support of the Solution,  and in support of any services that may be available through or described as a part of any Solutions, and each is hereinafter individually and collectively referred to as a “Supplier.” The Customer understands that ECS is not responsible for the services of the Suppliers utilized by ECS in its Solutions, and is not in control of the Suppliers, and their individual communication capacities. 

 

Service Reliability and Emergency Communication

ECS is committed to making every reasonable effort to ensure the continuous functionality and reliability of the E-Connect solutions, including emergency communication services. However, due to the inherent nature of cellular and VoIP technologies, ECS cannot guarantee uninterrupted operation or error‑free transmission under all circumstances.

Factors beyond ECS’s reasonable control may impact service availability, including but not limited to:

•  Network outages or disruptions from third‑party cellular or VoIP providers

•  Environmental factors affecting signal transmission (e.g., severe weather, structural interference)

•  Acts of God, equipment malfunctions, power failures, or other unforeseeable events

In the event of an interruption caused by third‑party network failures or other conditions outside ECS’s control, ECS will make reasonable efforts to restore service as quickly as possible. Nevertheless, ECS shall not be liable for any harm, injury, or death resulting from the inability to transmit or receive emergency communications due to these external factors.

No License

 

The logos, trademarks, designs or information contained in the Solutions is the property of Company or Company is a licensed user of such information and your reproduction, duplication, or otherwise exploitive use for any commercial purpose without the express consent of Company is prohibited.

 

Your use of the Solutions does not create, and nothing contained in the Solutions shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in trademarks, service marks, copyrights or other intellectual property rights or any other rights of Company, its Supplier(s), or any third party.

 

You may not use the Solutions for any purpose that is unlawful or prohibited by these Terms or by law, or that causes damage to Company on or through its Solutions.You promise that none of your communications with or through the Solutions will violate any applicable local, state, national, international, or other law.

 

You further promise that none of your communications with or the Solutions, including without limitation any usernames or passwords you establish, will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

Limitation of Liability

 

Except where prohibited by law, in no event shall COMPANY be liable to you or any third party for any incidental, indirect, special, punitive, exemplary and/or consequential damages (including without limitation lost profits, revenue or use, lost data, property damage, false imprisonment, entrapment, personal injury (DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) related to arising out of or in any way connected with the use of the Solutions or Company services, whether in contract, warranty, tort (including negligence, whether active, passive, imputed, sole or concurrent), statutory violation, infringement, product liability, strict liability and/or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. Unless prohibited by law, in no event shall the aggregate liability of COMPANY or any of its officers, directors, employees or insureds to you or any third party for any cause whatsoever and regardless of the form of action exceed $1,000.00.

 

COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SOLUTIONS OR SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SOLUTIONS OR SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT PARTNERS, ADVERTISERS AND VENDORS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF COMPANY.

 

THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON COMPANY’S CHOICE OF LAW PROVISION SET FORTH BELOW.

 

Indemnity. YOU AGREE TO AND shall indemnify, defend AND HOLD COMPANY, its affiliates, directors, officers, shareholders, agents and employees harmless from and against any ACTUAL OR threatened DEMANDS OR ANY KIND OR NATURE, LAWSUITS, ARBITRATIONS, CIVIL OR CRIMINAL LIABILITIES, losses, damages, CAUSES OF ACTION, JUDGMENTS, and expenses including court costs, EXPERT FEES, and attorneys’ fees  made, or asserted, arising out of, or in connection with (A) any materials provided to COMPANY by YOU, (b) YOUR BREACH OR VIOLATION OF ANY OF THESE TERMS, (C) your use of the solutions or services, (d) COMPANY’S USE OF YOUR USER CONTENT, (E) YOUR VIOLATION OF THE RIGHTS OF ANY THIRD PARTY INCLUDING PARTNERS, ADVERTISERS 0R VENDORS, (f) YOUR POSTING OF ANY USERS’ CONTENT, OR (G) YOUR representations MADE TO COMPANY.  Your duty to conduct a defense of COMPANY shall arise upon notice of COMPANY to you of such demand or threatened demand.  you SHALL CONDUCT ANY DEFENSE WITH DUE DILIGENCE AND IN GOOD FAITH WITH COUNSEL SATISFACTORY TO COMPANY.  SHOULD YOU BREACH YOUR DEFENSE OR INDEMNITY OBLIGATIONS, AND FAIL TO CURE SUCH BREACH AFTER WRITTEN NOTICE AND A COMMERCIALLY REASONABLE TIME TO CURE BUT NO LATER THAN 30 DAYS, COMPANY MAY AT YOUR SOLE COST AND EXPENSE ASSUME THE DEFENSE AND DEFEND OR SETTLE THE ENTIRE CLAIM.

 

DISCLAIMER OF WARRANTIES

 

YOU AGREE THAT THE SOLUTIONS THEIR CONTENTS, AND EACH THIRD PARTY WEBSITE ACCESSIBLE FROM OR THROUGH THE SOLUTIONS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE.”

 

YOU AGREE THAT YOUR USE OF THE SOLUTIONS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, INFORMATION AND PROTECTION, OR QUIET ENJOYMENT IN CONNECTION WITH THE SERVICE AND/OR SOLUTIONS AND YOUR USE THEREOF.

 

YOU AGREE THAT COMPANY UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CORRECTNESS, ACCURACY, RELIABILITY AND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SOLUTIONS CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SOLUTIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR AND IS NOT LIABLE FOR ANY:

 

(a)  ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,

(b)  PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SOLUTIONS,

 

(c)  ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,

 

(d)  ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SOLUTIONS,

 

(e)  ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SOLUTIONS, BY ANY THIRD PARTY, AND/OR

 

(f)   ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOLUTIONS, COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SOLUTIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY MANNER, AND COMPANY 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.

 

AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.  COMPANY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF ANY THIRD PARTY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SOLUTIONS OR SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

YOU AGREE THAT COMPANY will not be held responsible or liable for the timeliness of or removal of information, failure to store information, or inaccuracy of information or improper delivery of information.

 

Company Solution Management. Company reserves the right but does not have the obligation to:

 

(a)  monitor the Solutionsfor violations of this Agreement;

 

(b)  take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities;

 

(c)  in Company’s sole discretion and without limitation, notice or liability to remove from the Solutions or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and

 

(d)  to otherwise manage the Solutions or any other service in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the Solutions.

 

Company’s Right to Terminate Users. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SOLUTIONS OR SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION.

 

Choice of Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of Florida. In the event any action, suit, or proceeding is instituted as a result of any matter or things affecting these Terms, the Parties hereto hereby designate the court that retains exclusive jurisdiction to enforce the Terms as the First Judicial Circuit in and for Walton County, Florida (the “Court”) as the proper jurisdiction and the venue in which same is to be instituted.