Agreement
This Terms of Use and Privacy Policy, and all policies posted on our website set out the terms on which EXECLINK services are offered to You. All policies, including Privacy Policy, are incorporated into this Terms of Use. Please read these Terms of Use carefully before using the Services. By using the Services, You signify Your assent, consent, and agreement to these Terms of Use. If You do not agree to these Terms of Use, then You are not authorized to continue the use of the Services. The Domain name www.execlinkfinances.com (hereinafter referred to as “Website”) is the entity owned by Emerging Industrial Technologies, Inc. a company incorporated in the state of Florida at Suite 2506, 400 S. Pointe Dr. Miami FL (hereinafter referred to as “EXECLINK”)
You hereby understand and agree that by using the Services, You are deemed to have accepted these terms, regardless of how You subscribe to or use the Services. Terms of Use, Privacy Policy, and other policies are applicable while accessing the website or using Services, which is an electronic record in the form of an electronic contract. This electronic contract shall be binding under relevant provisions of applicable local, state, national, or international law and rules there under, as applicable laws and the amended provisions pertaining to electronic records in various statutes thereof. This document is published in accordance with the provisions of applicable local, state, national or international law that require publishing the rules and regulations, Privacy Policy, and Terms of Use for access or usage of the Website. For the purpose of this Terms of Use, registered user and wherever the context so requires “You” or “User” or “Your”, shall mean any natural or legal person who has agreed to use the Services by providing Registration Data while registering on the Website as Registered User/visitor using the Services hereby accept an electronic version of Terms of Use and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to become Registered User or have been identified as Guest User by providing a mobile number, email id, User’s public IP (Internet Protocol) address, Browser Details, Device/Operating System’s (“OS”) version along with biometrics like fingerprint, facial id, and iris scan if opted. If there is any conflict between the Privacy Policy and the Term of Use, then Terms of Use shall take precedence.
Please read these Terms of Use carefully before using Services or registering on the Website or accessing any material, information, or services through the Website or application.
Use of The Services
EXECLINK hereby grants You a limited, non-exclusive, non-transferable, revocable right and license to use the Services.
You shall have a limited right to use the Services, as may be required under applicable law.
You shall follow and adhere with the guidelines relating to Services as set out here under or under a Separate Agreement as may be required under relevant provisions in accordance to the applicable law.
Services will continue to apply until terminated by either You or EXECLINK as set forth below:
If You want to terminate Your agreement with EXECLINK, You may do so by (i) not accessing the Website or (ii) closing Your Account for all the services that You use, where EXECLINK has made this option available to You.
In Connection with Using or Accessing the Services You will not:
Breach or circumvent any laws, third-party rights, or our systems, policies, or determinations of Your account status.
Use Services if You are not able to form legally binding contracts under applicable laws. Persons who are “incompetent to contract” within the meaning of the applicable laws, including minors, un-discharged insolvents, etc. are not eligible to use Services. if You are a minor, i.e. under applicable law, You shall not register on the website.
Transfer Your user ID to another party without EXECLINK consent.
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes.
Distribute viruses or any other technologies that may harm EXECLINK or the interests or property of users.
Use any robot, spider, scraper, or other automated means to access Services for any purpose.
Bypass Services robot exclusion headers interfere with the working of our Services or impose an unreasonable or disproportionately large load on our infrastructure.
Commercialize any application or any information or software associated with such application
Harvest or otherwise collect information about users without their consent, or;
Circumvent any technical measures EXECLINK use to provide for the Services.
EXECLINK believes that You are abusing our Services in any way, EXECLINK may, in its sole discretion and without limiting other remedies, limit, suspend, or terminate Your user account(s) and access to our Services, delay, remove any special status associated with Your account(s), remove and, reduce or eliminate any discounts, and take technical and/or legal steps to prevent You from using our Services.
EXECLINK may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, EXECLINK reserves the right to refuse or terminate all or part of our Services if they are detrimental in nature to our Services.
Term & Termination
The Agreement will continue to apply until terminated by either You or EXECLINK as set forth below. If You want to terminate Your agreement with EXECLINK, You may do so by:
Not accessing the Website or
Closing Your Account for all the Services that You use, where EXECLINK has made this option available to You.
The Agreement will continue to apply until terminated by either You or EXECLINK as set forth below.
You agree that EXECLINK may, in its sole discretion and without prior notice, terminate Your access to the Website and block Your Service for future access to the Website if EXECLINK determines that You have violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of the Agreement(s) will cause irreparable harm to EXECLINK, for which monetary damages may be inadequate, and You agree to EXECLINK obtaining any injunctive or equitable relief that EXECLINK deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies EXECLINK may have at law or in equity.
Upon any expiration or earlier termination of these terms due to any reason EXECLINK may (a) delete all Your credentials, code, documentation, passwords or access codes, mobile number, email id, User’s public IP (Internet Protocol) address, Browser Details, Device/Operating System’s (“OS”) version along with biometrics like fingerprint, facial id, and iris scan, if opted; along with the documents signed on EXECLINK [“Customer Data”] and any other EXECLINK Confidential Information in Your possession, custody, or control; and (ii) Your right to access any of Your Customer Data in the applicable Service will cease and EXECLINK may delete the Customer Data at any time after 30 days from the date of termination, excluding the document transaction audit trail, which will remain with EXECLINK for Your future verification of Documents signed using EXECLINK. You shall be responsible to make payment for the remaining portion of the Subscription term immediately.
User Account, Password, And Security:
Upon accessing of Services by You, You may be asked to provide certain information as part of the registration or guest log-in process. Such information will be retained by EXECLINK in accordance to this terms and conditions.
If You use our Services, You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer or device to prevent unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform EXECLINK immediately if You have any reason to believe that Your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall ensure that You exit from Your account at the end of each session. EXECLINK cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by EXECLINK or any other user of or visitor to the Website due to the authorized or unauthorized use of Your account as a result of Your failure in keeping Your Account Information secure and confidential.
You shall ensure that the account information provided by You on the EXECLINK’s registration form is complete, accurate, and up-to-date. Use of another User’s Account Information for availing the services is expressly prohibited.
If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete) then EXECLINK shall not be responsible for any outcome of the service of Your account whether appropriate or inappropriate in current or future use of the Services.
EXECLINK disclaims all liability for damages to the extent arising from (i) the failure of services provided by third parties (e.g. Internet service provider, Digital Stamp provider telecommunication, carriers, etc.), (ii) the disclosure or dissemination of information during transmission to and from the hosted application, You shall encrypt such information during transmission and (iii) delays or an error related to the hosted application caused by system or components outside of the EXECLINK network, including but not limited to Your hardware, software and /or networking system, telecommunication, system, internet access, telephone, and communication equipment. Nothing express or implied in this Agreement or otherwise shall permit You or any party working on behalf of You the right to perform an ethical hack, utilize electronic scanning, or otherwise implement active or passive security testing against EXECLINK or its Subsidiaries, Affiliate systems.
Security: EXECLINK protects Your information from unauthorized use or disclosure by taking reasonable technical and organizational measures designed to secure our systems from unauthorized access, use or modification
The Web and Mobile application, the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the “Content”) is owned and controlled by EXECLINK and the design, structure, selection, coordination, expression, look and feel and arrangement of such content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Through Your use of the Website by no means are any rights impliedly or expressly granted to You in respect of such content. EXECLINK reserves the right to change or modify the content from time to time at its sole discretion.
The trademarks, logos, and service marks displayed on the Web (“Marks”) are the property of EXECLINK. You are not permitted to use the marks without the prior consent of EXECLINK.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, EXECLINK owns all intellectual property rights to and into the trademarks including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
Except as expressly provided herein, You acknowledge and agree that You shall not copy, republish, post, display, translate, transmit, reproduce or distribute any content through any medium without obtaining the necessary authorization from EXECLINK.
EXECLINK agrees and acknowledges that all right, title, and interest (including any intellectual property rights) in and to the content and documents that You upload while using Services (excluding any of EXECLINK’s intellectual property) (the “You or Your Customer Data”) shall be sole property of Yours. You hereby grant EXECLINK a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Your Data solely to the extent necessary to provide the Services or as otherwise permitted in these Terms. You expressly authorize EXECLINK to use and process Your Data (including any Confidential Information contained therein) as described in these Terms and in the EXECLINK Privacy Policy, which provides for, but is not limited to, delivering and sharing of content and documents as directed by Your use of the Services with third parties (e.g. individuals/legal entities) that You invite to view, approve or sign such contents and documents.
Any EXECLINK Intellectual Property provided or otherwise made available to You or Your Affiliates may be used by You and/or Your Affiliates solely for the express purposes described in this Agreement during the Term of this Agreement. For the avoidance of doubt, You will
copy any EXECLINK Intellectual Property;
distribute copies of any EXECLINK Intellectual Property;
modify, adapt, translate, reverse engineer, make alterations, decompile, disassemble, or make derivative works or improvements based on any EXECLINK Intellectual Property;
use, rent, loan, sublicense, lease, distribute, or attempt to grant other rights to any EXECLINK Intellectual Property; or
use any EXECLINK Intellectual Property to act as a consultant, service bureau, or application service provider, or to permit remote access to any EXECLINK Intellectual Property.
Process transactions and send intimations through email and SMS on Your registered email id and mobile number as per applicable Data Protection Laws.
Verify Your identity, including during account creation and password reset processes;
Send invoices through email on Your registered email id.
Manage risk, or to detect, prevent, and/or remediate fraud or other potentially prohibited or illegal activities;
Detect, prevent or remediate violations of policies or applicable Terms of Use;
Perform internal operations, including, for example, to prevent fraud and abuse of Our Services or illegal activities; to troubleshoot software bugs and operational problems; to conduct data analysis, testing and to monitor and analyze usage and activity trends;
Send You communications We think will be of interest to You, including information about products, services, promotions, updates from time to time, where permissible and according to local applicable data protection laws.
Personalize and improve the Services, including to provide or recommend features, content, social connections, referrals, and advertisements.
Geo-location information to provide You with location-based services (such as search results, and other personalized content).
All details disclosed at the time of subscription with consent will be retained as per the Privacy Policy as per applicable Data Protection Laws.
Subject to the applicable law, EXECLINK may maintain the Audit logs of all the request/responses processed by You (i.e. capturing the complete metadata available in HTTP headers, request and response time stamp along with status success/failure/timeout, details mentioned in 9(e), etc.) from time to time.