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Terms and Conditions

CONDITIONS OF USE FOR EUREKA MEDIA DIGITAL MEDIA WEBSITE

Welcome to the Eureka Media Digital Media Website (Website). These Conditions of Use constitute a binding legal contract between you and Eureka Media Group, LLC (hereafter Eureka Media). The terms You, Your (in upper or lower case) or Customer below refers to you. Please read these Conditions of Use (hereafter Conditions of Use or Agreement) carefully.

By clicking I Agree you accept its terms; however, we may change the terms of this Agreement from time to time. By continuing to use this Website and Services after your initial acceptance you further agree that: (i) you will regularly review this Agreement and our Privacy Policy to see if we have posted any changes to it; and (ii) you accept this Agreement and Privacy Policy, as subsequently modified by us. If you are dissatisfied with the Website, its content or Conditions of Use, you agree that your sole and exclusive remedy is to discontinue using the Website.

The Website is intended for use by individuals thirteen (13) years of age or older. The Website is not directed for use by children under the age of thirteen (13). Users under the age of thirteen (13) should get the assistance of a parent or guardian to use this site.
TAMPERING WITH THE SITE, MISREPRESENTING THE IDENTITY OF A USER, USING BUYING AGENTS TO CONCEAL THE TRUE IDENTITY OF THE USER OR CONDUCTING FRAUDULENT ACTIVITIES ON THE SITE ARE PROHIBITED.

Services

The Website relates to your purchase of certain equipment such as digital monitors or screens and related digital players for the purpose of Eureka Media displaying menu items and other information on the digital monitors/screens on your business premises. You may also purchase from Eureka Media support services and updates related to the equipment and display items. The above mentioned equipment and services are hereafter referred to as Services.

Customer acknowledges that it is entirely responsible for obtaining consistent and reliable electrical power and DSL (or similar) Internet connection in order to use the Services, using its best efforts to maintain power and re-activate access if it is down or being repaired. Customer agrees that: (i) it will abide by all applicable local, state, national, and international laws and regulations pertaining to use of the Services; (ii) it will not use the Services for any purpose that is unlawful, not contemplated or prohibited by this agreement; (iii) it will not alter or modify the Services, or disassemble, decompile, or reverse engineer any software or hardware provided in connection with it, or allow others to do so; (iv) it will not resell, license, sublicense, upload or permit others to use the Services; (v) that all rights, title, and interest in and to the Services (including the digital menu system), and all intellectual property and proprietary rights in connection with the Services, and all related software programs, computer source code, technology, hardware information, documents, files, materials, know-how, methodologies, or processes in connection with the services, and all modifications thereto, are owned by and will remain with Eureka Media, except to the extent owned by third party suppliers to Eureka Media; and (vi) no rights or implied licenses in such foregoing intellectual property are granted to Customer by this agreement or Customer use of the services, except as expressly provided herein.
Customer agrees that: (i) it will display only Eureka Media proprietary digital menu system to its customers and no other information; (ii) Eureka Media may immediately remove its digital menu system and terminate this agreement if, in its sole opinion, Customer is displaying or promoting other information; (iii) Eureka Media may display the legend Eureka! or similar wording in connection with the Services; and (iv) Eureka Media may display advertisements for third parties and similar content on Customer's digital monitor (s) while providing the Services to Customer.


Monitor Displays and Content

The Website attempts to display product images shown on the monitors as accurately as possible. However, we cannot guarantee that the color you see matches the Services color, as the display of the color depends, in part, upon the monitor you are using. You agree to alert Eureka Media immediately of any errors appearing on the Services. Eureka Media is not responsible for menu or pricing errors that appear on the digital monitors once Customer has checked it for accuracy. Customer may, at its option, hire Eureka Media to provide graphics, artwork and content for the displays. This may come at an increased initial cost as well as an increased monthly fee. Monthly Services fee, for clients that have hired Eureka Media to create their content, includes up to 1/2 hour of custom content development per month for display changes. Additional work will be billed at Eureka Media's open hourly rate.

Errors on Our Site

Prices and availability of our Services are subject to change without notice. Errors will be corrected where discovered, and Eureka Media reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including those discovered after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your order is cancelled after your credit card has already been charged for the purchase, Eureka Media will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Term of Services and Pricing Policy

The term for the Services is one (1) year, with an automatic renewal for an additional one (1) year term each year thereafter unless you provide notice of your desire to terminate the Services not less than thirty (30) but no more than forty-five (45) days before the end of each term. You agree to pay the monthly fee for the Services requested. The monthly fee is due on the first of each month. If you fail to pay the monthly license fee or any fees due hereunder in a timely manner, Eureka Media reserves the right to suspend or discontinue access to the Services or terminate the Services.

Eureka may change any of the fees charged under this Agreement by notifying you in writing at least sixty (60) days in advance of the conclusion of the initial one (1) term or any renewal term.

You may pay for the Services up to one (1) year in advance or monthly installments as stated above.

Online prices and selection may vary. Prices and offers are subject to change and availability.

Any payments due Eureka Media under this Agreement that are not paid on the date such payments are due will bear interest at a rate equal to the lesser of: (i) one and one-half percent (1-1/2%) per month; or (ii) the maximum rate allowed by applicable law.

Eureka Media is entitled to charge a reinstatement fee at its sole discretion in the event Customer access to and use of the Services is suspended, discontinued or terminated by Eureka Media due to non-payment.

Eureka Media reserves the right to charge different prices and rates to different customers, at its sole discretion. Eureka Media reserves the right to immediately cancel Services to any customer who makes a misrepresentation or conceals information about itself in purchasing Services herein.

In the event you finance your purchase of the Services through Eureka Media, you hereby grant Eureka Media and its successors or assigns a lien on all equipment sold to you by Eureka Media to secure the purchase price.

Sales Tax Policy

Eureka Media collects and remits sales tax as required by U.S. law, for transactions through the Website. Eureka Media reserves the right not to sell to resellers or to anyone else at its sole discretion. Customer will pay any sales, use, customs, excise, import or export, duty, value-added, and other similar federal, state or local taxes (other than taxes based on Eureka net income), including any penalties and interest, and all government permit or license fees that may be incurred in connection with the sale of the Services. If you are a tax-exempt entity, please contact Eureka Media using the contact information below.

Paying for Your Order

You may pay for your orders with major credit cards issued in the United States of America. Currently, we accept Visa, MasterCard, American Express and Discover Card. Customer'scredit card will be charged at the time of purchase. Your order will be fully processedusing ouronline merchant account.Shipping and installation process will commence once the initial payment is received in full.


Validating Your Order

After you place an order using our shopping cart, we will check the information you give us for validity, by verifying your method of payment or shipping address. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address submitted with the order.

Your credit or debit card will normally not be charged if we reject an order, but we will process a refund if the charge has been made against your card.

Order Acceptance/Confirmation

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. The Website reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Return Policy

All sales made through the Website are subject to Eureka Media's return policy. For a complete explanation of the return policy, please contact us.

Order Limitations

We reserve the right to reject any order you place with us, and/or or to limit quantities on any order, without giving any reason. If we reject your order, we will generally attempt to notify you using the e-mail address you gave us when you placed the order.

Order Limitations/Limited Quantities

Eureka Media may, at its own discretion, limit or cancel Services and quantities purchased per person, per business or per order. Eureka Media also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Website account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. Eureka Media reserves the right to limit or prohibit sales to dealers.

Shipping

Any equipment purchased that needs to be shipped is subject to product availability and will be shipped according to Eureka Media's shipping policies. For a complete explanation of the shipping policies, please contact us.

Termination of Services/Use of Website

Eureka Media may, in its sole discretion, terminate the Services by providing you thirty (30) days notice, or may terminate your use of the Website at anytime. You are personally liable for any orders that you place or charges that you incur prior to termination. Eureka Media reserves the right to change, suspend or discontinue all or any aspects of the Website at any time without prior notice.

Upon any termination or expiration of this Agreement, Eureka Media will immediately cease providing all Services to Customer and Customer agrees to cease all use of the Services. All fees accrued prior to the termination of the Agreement will immediately become due and payable upon termination of this Agreement.

Disclaimers and Limitation of Liability

BY USING THE WEBSITE, YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER EUREKA MEDIA NOR ITS PARENT COMPANY, AFFILIATES, SUBSIDIARIES OR DESIGNEES NOR EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, DESIGNERS, CONTRACTORS, DISTRIBUTORS, MERCHANTS, SPONSORS, LICENSORS OR THE LIKE (COLLECTIVELY, "ASSOCIATES") WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER EUREKA MEDIA NOR ITS ASSOCIATES WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE WEBSITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE WEBSITE. FURTHER, EUREKA MEDIA MAKES NO REPRESENTATION THAT CONTENT PROVIDED ON THE WEBSITE IS APPLICABLE TO, OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES. EUREKA MEDIA AND ITS ASSOCIATES SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY EUREKA MEDIA OR ITS ASSOCIATES SHALL CREATE A WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES SHALL EUREKA MEDIA OR ITS ASSOCIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE WEBSITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN CONTRACT, TORT OR ANY OTHER CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF EUREKA MEDIA HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

In no event will Eureka MEDIA liability under this Agreement exceed the total amount of fees paid to Eureka by CUSTOMER for the services in the preceding twelve (12) months.

Indemnity

Customer will defend, indemnify, and hold harmless Eureka Media and its directors, officers, members and agents from and against any claims, liabilities, losses, damages, expenses, or demands (including but not limited to court costs, attorneys fees, and expert fees) (collectively Claims) made by any third party due to or arising out of: (i) Customer breach of the warranties or restrictions contained in this Agreement; (ii) Claims that Customer name, logo(s) or trademarks or Customer-provided content hereunder infringe or misappropriate a third party intellectual property rights; and (iii) Claims relating to Customer products or services displayed with Eureka Digital Menu System. Customer shall not consent to the entry of any judgment or enter into any settlement affecting in any material respect the business of Eureka Media to the extent that the judgment or settlement involves more than the payment of money, without the written consent of Eureka Media, which consent shall not be unreasonably withheld or delayed. Eureka Media shall provide to Customer all information, assistance and authority reasonably requested in order to evaluate any third party claim, suit or proceeding and effect any defense, compromise or settlement.

Right to Download Only with Written Permission for Limited Personal Use

You may only download Content displayed on the Website or your system for non-commercial, personal use with the written permission of Eureka Media, provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media. It is strictly prohibited to modify, transmit, distribute, reuse, repost, "frame" or use the content of the Website including the text, images, audio and/or video for public or commercial purposes without written permission from an authorized representative of Eureka Media. It is strictly prohibited to download the images of the products offered for sale within this site.

Proprietary Rights

All content included on or comprising the Website and Services, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") is protected by copyright, trademark, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and Eureka Media owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content.

Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part.

The Eureka Media logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Eureka Media and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.

By using the Website, you agree that any information (except for purchase information), materials, suggestions, ideas or comments you send to Eureka Media or any other third party using the Website is non-confidential. By submitting any solicited or unsolicited information using the Website, you grant Eureka Media an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever to the extent permitted by law.

Eureka Media may collect data concerning usage, ordering, purchasing habits, time and dates of purchases and any other data collectable through the Services concerning the purchases made by your customers through the Websites. You agree that Eureka Media is entitled to collect this data and that Eureka Media owns and may sell, license or let others use this information in raw or summary form.

Notification of Copyright Infringement Under the Digital Millennium Copyright Act

If you believe that your copyrighted material may have been infringed, please provide Eureka Media Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an e-mail address at which the complaining party may be contacted. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Eureka Media's designated agent to receive notifications of claimed infringement can be reached by:

Mail:

DMCA Agent
Eureka Media Group, LLC
Website Privacy Policy Concerns
8201 Lockheed Dr. Ste 131
El Paso, Texas 79935
E-mail:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Phone:
(915) 875-8000

Fax:
(915) 875-8039

Applicable Law

The Website is created, operated and controlled by Eureka Media in the State of Texas, United States of America. The laws of the State of Texas will govern the Conditions of Use without giving effect to any principles or conflicts of laws. The parties irrevocably submit to the exclusive jurisdiction of the courts located in the State of Texas, El Paso County for all disputes relating to this Agreement and irrevocably submit themselves to the personal jurisdiction of said courts.

Links to Third Party Websites

The Website contains links to other sites operated by third-parties, including but not limited to third party sites that display the Eureka Media trademarks ("Third Party Site(s)"). These links are available for your convenience and are intended only to enable access to these Third Party Sites and for no other purpose.

Eureka Media does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third Party Site or its content. A link to a Third Party Site on the Website does not constitute sponsorship, endorsement, approval or responsibility for any Third Party Site. Eureka Media makes no representation or warranty as to any products or services offered on any Third Party Site.

The conditions of use and privacy policy of any Third Party Site may differ substantially from the Conditions of Use and Legal Notices that apply to your use of the Website. Please review the conditions of use for all Third Party Sites for more information about the terms and conditions that apply to your use of Third Party Sites.

Security

The Website may only be used for lawful purposes. Activities including, but not limited to, tampering with the site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the site are prohibited.

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (i) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (ii) using the Website for unintended purposes or trying to change the behavior of the site; (iii) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (iv) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the site, overloading, "flooding," "spamming," "mailbombing" or "crashing"; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability; or (vi) forging communications on behalf of the Website (impersonating the Website) or to the Web site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of Eureka Media, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of the Website, Services or any activity being conducted on this site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than the search engine and search agents provided by Eureka Media or generally publicly available browsers.

Severability; Waiver

If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The failure of Eureka to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.

Force Majeure

Neither Party shall be liable for damage due to any cause beyond its control, including, acts of God, acts of civil or military authority, labor disputes, failure or delay of suppliers or systems, including communications and power systems, fire, sabotage, war, embargo or acts or omissions of the other party caused by any of such events.

Privacy

Please review the Eureka Media Privacy Policy for information on the privacy practices of the Website.

Owner and Operator of the Website

Eureka Media Group, LLC is the owner and operator of the Website and provider of the Services.

The mailing address for Eureka Media Group, LLC is Suite 131, 8201 Lockheed Dr, El Paso, Texas 79925.

 
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