Company

Terms of Use

E2open provides its web site (http://www.e2open.com and all related sites operated by or for E2open) (collectively, the "Site") subject to these Terms of Use, our Acceptable Use Policy and our Privacy Policy. By using this Site, you and other users (collectively, "Users") are deemed to have understood and agreed to these Terms of Use, our Acceptable Use Policy and our Privacy Policy. If you do not accept and agree to these Terms of Use, our Acceptable Use Policy or our Privacy Policy, do not use the Site. In the event you are using the Site during the course of your service to a business entity, you are deemed to be an authorized representative of that business entity and such business entity will be bound by the terms and conditions contained herein. In the event you (or the business entity you represent) have entered into a separate agreement with an authorized representative of E2open governing your use of the Site, and there is a conflict between these Terms of Use and such separate agreement, the provision of the separate agreement shall prevail over the conflicting provision in these Terms of Use.

E2open Content

This Site contains information, data, text, graphics and other material that is protected by laws pertaining to copyrights, trademarks, service marks, and other proprietary ("E2open Content"). Unless otherwise indicated, E2open Content is the property of E2open or its third party providers. Subject to your compliance with these Terms of Use, our Acceptable Use Policy and the terms and conditions of any other agreement pursuant to which you use our software or services, E2open grants you the right to view and download E2open Content available on those portions of the Site to which you have been granted access for your personal, non-commercial use only, provided that you retain all copyright and other proprietary notices contained in the E2open Content, including any copies thereof. If you download software from the Site, use of the software is subject to the license terms in the software license agreement that accompanies or otherwise governs the software. You may not download or install the software until you have read and agreed to the terms of such software license agreement. E2open and its third party providers reserve all other rights with respect to this Site and E2open Content. Any other use of this Site or E2open Content is prohibited without E2open's prior written consent.

User Content

"User Content" consists of information, data, text, graphics and other material that you post to, or otherwise submit using, the Site. You agree that you are solely responsible for the origination, accuracy, completeness, ownership, protection, publication and dissemination of User Content you submit to or through the Site, and that E2open is not in any way responsible for your User Content. Except as otherwise set forth in an agreement between E2open and yourself (or the business entity whom you represent for purposes of submitting User Content), all User Content will be considered non-confidential and non-proprietary, and E2open is free to use, copy, disclose, distribute and otherwise exploit any such User Content for any purpose that is not inconsistent with our Privacy Policy. You agree that you are solely responsible for implementing sufficient procedures to satisfy any security requirements you (or the business entity whom you represent) may have regarding User Content provided by you in connection with your use of the Site.

Registration; Password

If your use of the Site or any products or services offered through the Site requires you to complete a registration process, you agree to provide us with current, complete and accurate information. You are responsible for safeguarding against misuse and maintaining the confidentiality of any user identification and password you receive in connection with using this Site, or any products or services offered through the Site. You are responsible for all activities that occur using your user identification and password, and you agree to immediately notify E2open of any unauthorized use or breach of security associated with your user identification and password.

Forum

E2open has no obligation to monitor, review, edit or remove User Content posted, or otherwise made available, on or through the Site. However, E2open reserves the right to edit or remove any User Content that, in E2open's sole discretion, does not comply with these Terms of Use, is illegal, or is otherwise undesirable, inappropriate or inaccurate.

Linked Sites

E2open has not reviewed any sites linked to this Site and is not responsible for the content on any such sites. Linking to any other sites is strictly at your own risk.

Warranty Disclaimer

THE SITE, AND ALL E2OPEN CONTENT CONTAINED ON OR OBTAINED THROUGH THE SITE, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (ii) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, FUNCTIONALITY, APPROPRIATENESS, SECURITY OR OTHERWISE OF THE SITE OR THE CONTENT ON THE SITE; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limited Liability

IN NO EVENT WILL E2OPEN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AFFILIATES (COLLECTIVELY, THE "E2OPEN GROUP"), BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, EVEN IF E2OPEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION. IF A JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY SET FORTH HEREIN, IN WHOLE OR IN PART, THE E2OPEN GROUP'S LIABILITY IN SUCH JURISDICTION IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, IF YOU BECOME ENTITLED TO ANY RECOVERY, YOU AGREE THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO USE THE SITE OR U.S. $10,000, WHICHEVER IS LESS. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

Indemnification

By using the Site, you agree to defend, indemnify and hold the E2open Group harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Site, your violation of these Terms of Use, or your posting, submission, downloading or use of any User Content on or through the Site.

Termination

E2open shall have the right to terminate the use of the Site by you (or the business entity whom you represent) if you (or the business entity whom you represent) breach any condition of these Terms of Use or our Acceptable Use Policy. Upon such termination, you shall immediately destroy any downloaded or printed E2open Content. All warranty disclaimer, limited liability, indemnification and miscellaneous provisions set forth in these Terms of Use shall survive termination of your use of the Site and these Terms of Use as they apply to you (or the business entity whom you represent).

Changes to Terms of Use

E2open may change these Terms of Use from time to time by posting the updated Terms of Use on the Site. It is your responsibility to review these Terms of Use regularly. You are deemed to accept a change to these Terms of Use upon your use of the Site following any such change.

Eligibility

The services on the Site are only available to Users that can form legally binding contracts. In addition and without limiting the foregoing, Users must be at least 18 years of age. These Terms of Use are void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

Governing Law; Jurisdiction

The laws of the State of California in the United States of America shall govern these Terms of Use and your use of the Site. No choice of law rules of any jurisdiction apply. You and E2open expressly disclaim the U.N. Convention on Contracts for the International Sale of Goods. You agree that any dispute with E2open shall be conducted in the courts of the State of California, in the counties of San Mateo or San Francisco, and you agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California, in connection with any such dispute.

Notice and Procedure for Making Claims of Copyright Infringement

It is E2open's policy to investigate notices of alleged copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent in a written communication. Any written notification of alleged copyright infringement using this site or E2open's services must be sent only to the following Designated Agent:

Service Provider:
4100 East Third Avenue, Suite 400
Foster City, CA 94404

Designated Agent:
Karen Piry
E2open, Inc.
4100 East Third Avenue, Suite 400
Foster City, CA 94404
Phone: 1.650.645.6500
Fax: 1.650.645.6555
E-mail: legal@e2open.com

Under the DMCA, the notification must include the following: (i) a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing, and information reasonably sufficient to permit the service provider to locate the material; (iv) address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (v) 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; and (vi) a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is the owner, or is authorized to act on behalf of the owner, of the copyright that is allegedly infringed. NOTE: THE CONTACT INFORMATION FOR OUR DESIGNATED AGENT IS PROVIDED EXCLUSIVELY FOR NOTIFYING E2OPEN OF ALLEGED COPYRIGHT INFRINGEMENT. OUR DESIGNATED AGENT WILL NOT RESPOND TO ANY NOTICES OR INQUIRIES UNRELATED TO ALLEGED COPYRIGHT INFRINGEMENT.

This Terms of Use was last updated on 05/20/2010