Terms of service

These Terms of Service govern your access to and use of Ekdesk at www.ekdesk.com (“Site”), as well as the information, applications, and materials on this Site (collectively, the “Content”). If you are a paying customer of our services, you are also subject to the terms of the Software User Agreement located at https://ekdesk.com/user-agreement. By accessing or using this Site, you agree that you have read, understood, and accept these Terms of Service, our Privacy Policy, and all other policies or notices posted by us on our Site. If you do not accept these Terms of Service, you may not access or use this Site or the Content. This Site is operated by Ekdesk LLC (“Ekdesk” or “we” or “us”).

Terms of restrictions on access and use

You may use this Site provided that (i) you are over 18 years of age, (ii) you do not copy the Site or any part of it, (iii) you do not modify the Site or any part of it, and (iv) you comply with all applicable laws, rules, regulations, and court orders.

Ekdesk or its suppliers retain all right, title and interest (including all copyright, trade secret, patent and other rights) in and to the Site and Content which is included in the Site. If you give feedback on the Site, for example recommendations for improvements or features, such feedback will be deemed non-confidential and non-proprietary, and implementation of that feedback is owned by us and may become part of the Site without compensation to you. We reserve all rights in and to the Site unless we expressly state otherwise. The Site contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

You may download publicly available Content on this Site only for your personal, non-commercial use, provided that: (i) you keep intact all copyright and other proprietary notices; and (ii) if your copying or use of copyrighted materials on this Site is other than “fair use” under federal copyright laws, you must seek permission directly from us.

Your access to and use of this Site and the Content may be terminated by us at any time without notice.

You may not do any of the following:

  • violate any copyrights, and other proprietary or intellectual property rights in this Site or the Content;
  • engage in any data mining, or use “bots” or similar data gathering and extraction tools or methods in connection with this Site or the Content;
  • decompile, reverse engineer, disassemble, lease, sell, distribute, or reproduce this Site;
  • transmit, post, or otherwise make available: (a) content that is unlawful, false, inaccurate, harmful, obscene, or otherwise objectionable, including but not limited to any content that infringes on any intellectual property right or proprietary right; (b) viruses, Trojan horses, or other harmful programs or material; or (c) advertising or promotional materials, “spam,” or any other form of solicitation;
  • misrepresent your affiliation with or impersonate any person or entity;
  • interfere with or disrupt this Site, or attempt to circumvent this Site’s security features;
  • remove or modify any copyright notices, other proprietary notices, or references to these Terms of Service in the Content or on this Site; or
  • misrepresent the Content or this Site, or misinform others about the origin or ownership of the Content or this Site.

User content

If you establish an account on this Website, you are responsible for maintaining the confidentiality of your user ID and password, and you are responsible for all activities that occur under your password or user ID. You agree to: (i) log out from your account at the end of each session; and (ii) immediately notify Ekdesk at support@ekdesk.com of any unauthorized use of your password or user ID or any other breach of security.

You are responsible for all content that you transmit or otherwise make available to this Site. Your access to and use of this Site may be monitored, including but not limited to, for the purpose of identifying illegal or unauthorized activities.

All personally identifiable information collected from you is governed by our Privacy Policy, located at https://ekdesk.com/privacy.

Sale of services

We may offer for sale, user or download licenses to certain Ekdesk products or services (“Services”). Your use of such Services will be subject to licensing terms applicable to such Services, which may be found in the Software User Agreement located at https://ekdesk.com/user-agreement.

Disclaimers and limitation of liability

THIS SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, AND MAY BE SUBJECT TO ERRORS, INACCURACIES, OR OMISSIONS.

EKDESK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THIS SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO THEIR COMPLETENESS, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR FREEDOM FROM COMPUTER VIRUSES. YOUR ACCESS TO AND USE OF THIS SITE AND THE CONTENT ARE AT YOUR SOLE RISK. EKDESK WILL NOT BE RESPONSIBLE FOR ANY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES), LOSSES, CLAIMS OR LIABILITY, KNOWN OR UNKNOWN (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, OR DATA), ARISING OUT OF THE USE OF (OR INABILITY TO USE) THIS SITE, THE CONTENT, OR ANY THIRD-PARTY SITE LINKED TO THIS SITE.

Linking and third parties

This Site may include links to third-party sites, such as social media and file-sharing sites to distribute our Content. When you access these sites, you are subject to third-party terms of use and privacy/security policies, which we recommend that you review. We are not responsible for the accuracy, completeness, legality, practices, or availability of linked sites (including any related services, content, software applications, and other technologies). In addition, we are not responsible for any interruption of services, malfunctions, or security breaches involving these third-party sites. References or links in this Site to any commercial products or services, or the use of any trade, firm, or corporate name of ours do not constitute endorsement by Ekdesk.

General

These Terms of Service constitute the entire agreement with respect to your access to and use of this Site and the Content. If any provision of these Terms of Service is unlawful, void or unenforceable, then that provision will be deemed severable from the remaining provisions and will not affect their validity and enforceability. The failure by Ekdesk to enforce any provision in these Terms of Service will not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. Virginia law, without regard to the conflict of laws provisions thereof, will govern these Terms of Service and any matter or dispute arising out of this Site or the Content. The state and federal courts located in Virginia will have exclusive jurisdiction over any dispute relating to these Terms of Service, this Site, or the Content. We may change these Terms of Service from time to time by posting a new version on this Site. Your continued use of or access to this site after such changes constitutes acceptance of such changes. We will have the right to use for any purpose, free of charge, all information or content submitted via this site except those submissions made under separate legal contract.

If you have any questions about these Terms of Service, please contact us at support@ekdesk.com.

Last updated on June 23, 2017.

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