Effective Date: The Terms of Use are dated as of December 22, 2023, and may be amended from time to time (the “Terms of Use”).
By using this website you are agreeing to be bound by the terms and conditions provided for herein (the “Agreement”). The Terms of Use sets forth the standards of use for the website www.weareeureka.com. By using the Eureka website, you (the “User”) agree to these terms and conditions. If you do not agree with the terms and conditions, you should immediately exit this website. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted to the website. Your continued use of this website and contents herein after any such amendments constitutes an acknowledgment and acceptance of such modifications. Except as may be modified or amended by EUREKA VIRTUAL SERVICES, LLC, the Terms and Use may not be otherwise modified or amended.
- Disclaimer of Warranties
The website is provided by Eureka Virtual Services, LLC “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Eureka Virtual Services, LLC. makes no representations or warranties of any kind, express or implied, regarding the use or the results of this website in terms of its correctness, accuracy, reliability, or otherwise. Eureka Virtual Services, LLC. shall have no liability for any interruptions in the use of this website. Eureka Virtual Services, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. - Limitation of Liability
EUREKA VIRTUAL SERVICES, LLC. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND, IN PARTICULAR, EUREKA, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EUREKA VIRTUAL SERVICES, LLC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE. - Indemnification
User agrees to indemnify and hold EUREKA VIRTUAL SERVICES, LLC., its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, User’s use of this website, the violation of this Agreement, Terms of Use or infringement by User or any third party of any intellectual property or any service provided by EUREKA VIRTUAL SERVICES, LLC. by way of User’s computer. - Modifications and Interruption of Service
EUREKA VIRTUAL SERVICES, LLC reserves the right to modify or discontinue access to this website with or without notice to the User. EUREKA VIRTUAL SERVICES, LLC shall not be liable to User, or any third party, should EUREKA VIRTUAL SERVICES, LLC exercise its right to modify or discontinue the Terms of Use or access to this website. User acknowledges and accepts that EUREKA VIRTUAL SERVICES, LLC does not guarantee continuous, uninterrupted, or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. - Third Party Sites
EUREKA VIRTUAL SERVICES, LLC’s website may include links to other websites on the internet that are owned and operated by online merchants and other third parties which EUREKA VIRTUAL SERVICES, LLC does not control. User acknowledges that EUREKA VIRTUAL SERVICES, LLC. is not responsible for the availability of, or the content located on or through, any third-party site. The User should contact the site administrator or webmaster for those third-party sites with any concerns regarding such links or the content located on such websites. The User’s use any third-party websites is subject to the terms of use and privacy policies of each website EUREKA VIRTUAL SERVICES, LLC encourages all Users to review said privacy policies of third-party sites. - Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While EUREKA VIRTUAL SERVICES, LLC makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website. EUREKA VIRTUAL SERVICES, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor, and User acknowledges that use of any product provided or offered by any vendor shall be at his or her own risk. - Governing Jurisdiction of the Courts of Texas
The Terms of Use and Agreement are governed and interpreted under the laws of the state of Texas, without giving effect to any choice of law rules. EUREKA VIRTUAL SERVICES, LLC makes no representation that the website or other services comply with laws of other jurisdictions, except the laws of the State of Texas. Accordingly, any User who chooses to access our website agrees to do so subject to the internal laws of the State of Texas. Any enforcement of any provision of these Terms of Use shall be brought exclusively in the courts of Montgomery County, Texas. Each User (1) submits to the personal and subject matter jurisdiction and venue of such court, (2) waives the defense of an inconvenient forum, and (3) irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto. - Dispute Resolution
Any dispute arising out of the contents of this website shall be resolved by arbitration in the City of The Woodlands, State of Texas, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association (or at any time or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. Each party shall pay for and bear the cost of its own experts, evidence, and counsel’s fees, except that in the discretion of the arbitrator, any award may include the cost of a party’s counsel if the arbitrator expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic. The foregoing obligation to resolve all disputes through arbitration shall be in lieu of any right to file or prosecute a lawsuit, complaint, or charge based on or relating to any claims under this Agreement (whether as a named plaintiff or class member), which rights are hereby waived. - Compliance with Laws
User assumes all knowledge of applicable laws and is responsible for compliance with any such laws. User may not use the website or any service provided through this website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements. User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. - Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is EUREKA VIRTUAL SERVICES, LLC., all rights reserved, or is the property of EUREKA VIRTUAL SERVICES, LLC. and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of EUREKA VIRTUAL SERVICES, LLC. is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of EUREKA VIRTUAL SERVICES, LLC. EUREKA VIRTUAL SERVICES, LLC’s logo is a proprietary trademark of EUREKA VIRTUAL SERVICES, LLC. EUREKA VIRTUAL SERVICES, LLC’s trademarks may not be used in connection with any product or service that is not provided by EUREKA VIRTUAL SERVICES, LLC. in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits EUREKA VIRTUAL SERVICES, LLC.All other trademarks displayed on EUREKA VIRTUAL SERVICES, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with EUREKA VIRTUAL SERVICES, LLC. - Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, EUREKA VIRTUAL SERVICES, LLC. designates the following address as its receipt of notifications of claimed copyright infringement: Eureka Virtual Services, LLC 6710 Spring Stuebner Rd Ste 709 #133 Spring, TX 77389 Phone:832-210-0804 - Other Terms
If any provision of the Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby, and shall remain valid and enforceable to the maximum possible extent. User agrees that the Terms of Use, and any other agreements referenced herein, may be assigned by EUREKA VIRTUAL SERVICES, LLC E, in our sole discretion, to a third party in the event of a merger or acquisition. More detailed Terms are delivered on invoices. The Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement in relation to participation as a User. User agrees that by accepting the Terms of Use, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
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