Terms of Service
1. Amendment of the TOS
We reserve the right to amend the TOS without notice. If we decide to change the TOS we will post those changes here. You are responsible for regularly monitoring this site in order to remain informed of any changes. Any such amendment shall be effective once the revised terms have been posted on this site and your use of this site indicates your acceptance of any modified terms. The date of the most recent revisions will be provided at the top of this page.
2. Modification of Site and Services
We reserve the right to withdraw or modify this site and/or any service or content we provide on the site in our sole discretion without notice and without penalty. We will not be liable if for any reason all or any part of the site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the site, or the entire site, to users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the site.
You are responsible for ensuring that all persons, including any children or minors, who access the site through your internet connection are aware of the TOS, and that they comply with it.
To access the site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the site that all the information you provide on the site is correct, current and complete.
If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify ESS of any unauthorized use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including, if in our opinion, you have failed to comply with any provision of the TOS. At our sole discretion, we may terminate, change, suspend, or discontinue any aspect of the site, including, but not limited to, our offered services. We may also impose limits on certain features of the site and restrict all or part of access to this site, without notice, and without being subject to penalty.
This site is available only to individuals that can form legally binding contracts under applicable law. By accessing and/or otherwise using this site and/or its services, you (a) certify that you are at least 18 years of age and (b) have read and agree to be legally bound by the TOS. In accordance with the Federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly solicit, nor will we accept, personally identifiable information from users known to be under thirteen (13) years of age. However, we will accept and store data on minors submitted by you as part of the application information required in order for us to provide our services.
4. Intellectual Property Rights
The site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ESS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You must not reproduce, sell or exploit for any commercial purposes any part of the site, access to the site or use of the site or any services or materials available through the site.
If you print, copy, modify, download or otherwise use any part of the site in breach of the TOS, your right to use the site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the site or any content on the site is transferred to you, and all rights not expressly granted are reserved by ESS. Any use of the site not expressly permitted by the TOS is a breach of the TOS and may violate copyright, trademark and other laws.
5. ESS Trademarks
Our name, logo and all related names, logos, product and service marks, designs and slogans are trademarks of ESS or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are either used for identification purposes only, or displayed with permission, and are the trademarks of their respective owners.
6. Communications to ESS; Participation Disclaimer
Although we encourage you to email us, you should not email us any content that contains personal or confidential information. With respect to all emails that you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, ESS shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of our services that incorporate such information.
We reserve the right to block or remove communications or materials that are determined to be (a) abusive, defamatory or obscene, (b) fraudulent, deceptive or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another, or (d) offensive or otherwise unacceptable to ESS in its sole discretion.
7. Third-Party Sites, Products and Services
This site may contain information provided by, and links to, third parties other than ESS and its affiliates that provide services to, or for, users of this site or ESS. ESS specifically does not represent or warrant that it is responsible for the content or performance of third-party sites or any transactions with them. Furthermore, ESS disclaims all liability and makes no representations or warranties for any products or services sold or provided by any third-party. Any transaction with a third-party is subject to the agreements and/or the terms and conditions of the third-party. Third-party links do not imply that ESS is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo, or copyright symbol of ESS.
8. Prohibited Uses
You may use the site only for lawful purposes and in accordance with the TOS. You agree not to use the site:
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the standards set out in the TOS.
- To impersonate or attempt to impersonate ESS or an ESS employee, another user, or person or entity (including, without limitation, the use of e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the site, or which, as determined by us, may harm ESS, its affiliates, partners, service providers or users of the site or expose them to liability.
Additionally, you agree not to:
- Use the site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the site, including their ability to engage in real time activities through the site.
- Use any robot, spider or other automatic device, process or means to access the site for any purpose, including to monitor or copy any of the material on the site.
- Use any manual process to monitor or copy any of the material on the site or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the site, the server on which the site is stored, or any server, computer or database connected to the site.
- Attack the site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the site.
9. Reliance on Information Posted
The information presented on or through the site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the site, or by anyone who may be informed of any of its contents.
10. Changes to the Site
We may update the site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the site may be out of date at any given time, and we are under no obligation to update such material. We may change the site at any time with or without notice. We may suspend access to the site, or close it indefinitely.
11. Information About You and Your Visits to the Site
12. Online Purchases
13. Geographic Restrictions
The owner of the site is based in the State of Ohio. We provide this site for use only by persons located in the United States. We make no claims that the site or any of its content is accessible or appropriate outside of the United States. Access to the site may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
14. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. Limitation on Liability
IN NO EVENT WILL ESS, ITS AFFILIATES OR THEIR LICENSORS, PARTNERS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless ESS, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of the TOS or your use of the site, including, without limitation, any use of the site’s content, services and products other than as expressly authorized in the TOS or your use of any information obtained from the site.
17. Governing Law and Jurisdiction
This TOS and any dispute or claim arising out of, or related to, it, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Ohio without giving effect to any choice or conflict of law provision or rule (whether of the State of Ohio or any other jurisdiction).
18. Limitation on Time to File Claims
19. Waiver and Severability
No waiver of the TOS by ESS shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of ESS to assert a right or provision under the TOS shall not constitute a waiver of such right or provision.
If any provision of these TOS is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the TOS will continue in full force and effect.
20. Entire Agreement
21. Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the site including notices of copyright infringement claims should be directed to: firstname.lastname@example.org
Thank you for visiting the site.