ECMX® Registry Website
Terms and Conditions of Use
Last updated December 16, 2013
Copyright © 2009-2013
Future DOS R&D Inc.
All rights reserved.
Future DOS R&D Inc. (FDOS) and its division, the Energy Communications Management eXchange® (ECMX®), are committed to protecting you, and all of our clients. The objective of this Terms and Conditions of Use policy is to describe FDOS and ECMX’s expectation of you as it pertains to the access and the use of the ECMX Registry website (“Website“), including all of its web-based services.
Website Terms and Conditions of Use
This ECMX Registry website contain a library of registered ANSI C12.19 / IEEE Std 1377™ / MC12.19 End Device Classes; ANSI C12.22 / IEEE Std 1703™ / MC12.22 Application Titles (ApTitles); ANSI C12.22 / IEEE Std 1703™ / MC12.22 Security Mechanisms; and Network Communication Interface Electronic Serial Numbers (ESNs). The ECMX Registry website includes news, information, notification, membership, search, validation, translation, registration, who-is and what-is services, and upload and download capabilities.
The Terms and Conditions of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Website. By using the Website, you the user (“User”), agree to be bound by this Agreement, whether you are a “Visitor” (which means that you are an anonymous user), a “Member” (which means that you are a non-paying registered user), or a“Subscriber” (which means that you are a validated fee paying registered user).
The Website user account creation process requires you, the user, to express consent to comply with this Agreement. You are authorized to use the Website only if you agree to abide by this Agreement.
If you do not agree with these Terms and Conditions, you must discontinue use of the Website immediately. Any further use by you of the Website will be considered as an acceptance of the Terms and Conditions expressed in this Agreement.
ECMX reserves the right, at its sole discretion, to change, modify, add or delete portions of this Agreement at any time and such changes shall be effective upon our posting it on the Website. You agree to be bound to any changes to this Agreement when you use the ECMX Registry Services after any such update. It is therefore important that you review this Agreement regularly to ensure that you are aware of the changes.
ECMX may request you to affirm your consent to this Agreement from time to time to ensure that you have read and acknowledged this Agreement.
All “Content” included on this Website, such as text, graphics, logos, button icons, images, information, data, and software, are the proprietary property of ECMX. Select content may be the property of its Users, Members, Subscribers and/or its licensors. The content, in whole or in part, is protected by National and international copyright laws and/or patents.
Except as expressly provided in this Agreement, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring“) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without ECMX’s expressed prior written consent.
You may use information from ECMX products and services that you have been granted access to (such as TDL Document Form, TDL/XML Form, standards, knowledge base articles, and similar materials) provided that you
- do not remove any proprietary notice language in all copies of such documents,
- use the information in a manner and purpose for which it was provided, otherwise you use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media,
- make no modifications to any such information, and
- not make any additional representations or warranties relating to such documents.
ECMX allows Users to upload and register content on the Website and to control access to this information by other users. ECMX may delete any Content that in its sole judgment violates this Agreement. ECMX assumes no responsibility for monitoring the ECMX Registry website for inappropriate Content or conduct.
Although ECMX endeavors to validate and verify uploaded and registered content, it makes no warranties, expressed or implied, as to the validity of the Content or to the accuracy and reliability of the Content.
You may not use any automatic or manual process to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. ECMX reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or service of the Website, or any other systems or networks connected to the Website or to any ECMX Registry server, or to any of the services offered on or through the Website, by hacking, password “mining“ or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of the Website (including any account not owned by you) to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or its systems or networks.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ECMX on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent someone else, or impersonate any other individual or entity.
ECMX reserves the right to make changes to any service offered on the Website, or to the price for any service, at any time, without prior notice.
Account Creation, Passwords, and Responsibilities
Some services offered on the Website require you to create an account to become a free Member or a paying Subscriber. When you create a Member or Subscriber account, you will be asked to choose a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify ECMX immediately of any unauthorized use of your account or any other breach of security. You are solely responsible for any and all use of your account as a result of your failing to keep your password confidential. You may be held liable for losses incurred by FDOS, ECMX or any other User of or Visitor to the Website due to someone else using your account as a result of your failing to keep your account information confidential.
You may not use anyone else’s account at any time without the expressed permission and consent of the holder of that account. ECMX cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
You may not make representations on behalf of any Company or a Company’s account at any time without the expressed permission and consent of the legitimate representative of that Company. ECMX cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
ECMX reserves the right to contact you and/or inquire about you with the Company that you claim to represent, for the purpose of validating your Subscriber account information and/or collecting debt, and/or delivering products that you order and other reasons that pertain to the services rendered by the Website.
We strongly recommend that you do not share your password with anyone. Moreover, you should remember to sign out or log off your account whenever you mean to interrupt your use of the Website, regardless of the duration of your interruption. Also, it is advisable that you close the session window of your browser, especially if you accessed the Website from a public Internet cafe, for example. ECMX will never ask for your password through unsolicited messages or e-mails.
By using the Website, you represent and warrant that:
- all account information you submit is truthful and accurate and you will maintain the accuracy of such information;
- you are of legal age;
- your use of the Website does not violate any applicable law or regulation, including laws of the the United States of America, Canada or the country in which you reside or from which you use the Website; and
- you are the legitimate, user, developer, owner, or an agent for a company that owns, any information that you send to us.
Unfortunately, no data transmission on the Internet is 100% secure. Consequently, despite our efforts to protect personal information, ECMX and FDOS cannot ensure or guarantee the safety of any transmission whatsoever. You acknowledge that all information sent to us may be read or intercepted by others, even if there is a special notice that a particular transmission (such as credit card information) is encrypted.
Links to Other Websites
This Website may contain links to other independent third-party websites. These links are provided solely as a convenience to our Users. Such linked sites are not under ECMX’s control, ECMX and FDOS are not responsible for, and do not endorse the content of such linked sites, including any information or materials contained on such linked sites. You will need to make your own independent judgment regarding your interaction with these linked sites.
Disclaimers and Limitation on Liability
ECMX AND FDOS DO NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ECMX AND FDOS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. UNLESS EXPLICITLY STATED OTHERWISE, ECMX AND FDOS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ECMX AND FDOS DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ECMX AND FDOS, ITS OFFICERS, ITS EMPLOYEES AND ITS AGENTS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of, or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
ECMX and FDOS reserve the right to do any of the following, at any time, without notice:
- to modify, suspend or terminate operation of or access to the Website or any portion of the Website for any reason;
- to modify or change the Website or any portion of the Website and any applicable policies or terms; and
- to interrupt the operation of the Website or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Except where prohibited by law, in no event will ECMX or FDOS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ECMX or FDOS have been advised of the possibility of such damages.
You agree to indemnify and hold ECMX and FDOS, its officers, directors, owners, agents, shareholders, predecessors, successors in interest, employees, divisions, subsidiaries and affiliates, harmless from any claims, demands, loss, liability, or expenses (including attorneysï¿½ fees), made against ECMX or FDOS by any third party due to or arising out of your use of the Website.
Violation of this Agreement
ECMX or FDOS may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ECMX or FDOS’ rights or property, or the rights or property of Users of the Website. ECMX and FDOS reserve the right at all times to disclose any information that ECMX and FDOS deem necessary to comply with any applicable law, regulation, legal process or governmental request. ECMX and FDOS may disclose your information when ECMX or FDOS determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ECMX and FDOS may preserve any transmittal or communication by you with ECMX or FDOS through the Website, and may also disclose such data if required to do so by law or when ECMX or FDOS determine that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any such data violates the rights of others; or
- protect the rights, property or personal safety of FDOS, ECMX, their employees, and Users of the Website.
You agree that ECMX and FDOS may, at their sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated this Agreement. You also agree that any violation by you of this Agreement will constitute an unlawful and unfair business practice, and will cause irreparable harm to ECMX or FDOS, for which monetary damages would be inadequate, and you consent to ECMX or FDOS obtaining any injunctive or equitable relief that ECMX or FDOS deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies ECMX or FDOS may have at law or in equity.
You agree that ECMX or FDOS may, at their sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to):
- requests by law enforcement or other government agencies;
- a request by you (self-initiated account deletions);
- discontinuance or material modification of the Website or any service offered on or through the Website; or
- unexpected technical issues or problems.
If ECMX and/or FDOS take any legal action against you as a result of your violation of this Agreement, they will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to them. You agree that ECMX and FDOS will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of this Agreement.
By visiting the ECMX Registry Website, you agree that the laws of the Province of Alberta and the federal laws of Canada, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and ECMX, FDOS or its affiliates.
In the event that you have any questions about this Agreement, you may contact us at:
Energy Communications Management eXchange
#303 - 6707 Elbow Drive SW
Calgary, Alberta, Canada