Website Terms and Conditions of Use
Please read the following terms and conditions (“Terms and Conditions of Use”) carefully before using this website (“Site”). By accessing or using this Site, you agree to the following Terms and Conditions, including the Website Code of Conduct, together which shall constitute a legally binding agreement between you and ESO Solutions, Inc. (“ESO Solutions”). You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use this Site. In connection with your use of and/or access to Content contained in certain areas of this Site, it may be necessary for you to consent to policies or other terms and conditions in addition to the Terms set forth herein.
- We Provide Our Website For Your Convenience Only Our Site is provided to you without charge as a convenience and for your information only. By merely providing access to our Site content, we do not warrant or represent that:
- the content is accurate or complete;
- the content is up-to-date or current;
- we have a duty to update any content;
- the content is free from technical inaccuracies or typographical errors;
- the content is free from changes caused by third party; and
- your access to our Site will be free from interruptions, errors, computer viruses or other harmful components.We do not assume any liability for these matters. In other words, you use our Site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Site, even if one of our representatives has been advised of the possibility of your damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
- We Provide Our Website “As Is” and Disclaim All Warranties Our Site, including all content, software and functions made available on or accessed through our Site, is provided “as available” and on an “as is, where is” basis. To the fullest extent permissible by law, we and any subsidiaries and affiliates make no representations or warranties of any kind as to the content, software or functions accessed through our Site, for any products or services or links to third parties or for any breach of security associated with the transmission of sensitive information through our Site or any linked site. WE AND ANY SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, QUIET ENJOYMENT, QUALITY OF INFORMATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. This includes loss of data or profit arising out of the use or the inability to use the content of this website, even if one of our representatives has been advised of the possibility of your damages. WE DO NOT WARRANT THAT ANY CONTENT, SOFTWARE OR THE FUNCTIONS ACCESSED THROUGH OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE AND ANY SUBSIDIARIES AND AFFILIATES WILL NOT BE LIABLE FOR DIRECT, INDIRECT, PUNITIVE OR SPECIAL DAMAGES RELATED TO YOUR USE OF THE SITE. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
- We Do Not Have Responsibility For Links To Third Party Content We may provide hyperlinks or pointers to other websites maintained by third parties or may provide third party content on our website by framing or other methods. The links to third party websites are provided for your convenience and information only. The content in any linked websites is not under our control so we are not responsible for the content, including any further links in a third-party site. If you decide to access any of the third-party sites linked to our website, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, trojan horses and other items of a destructive nature.
- If We Provide a Link, We Do Not Necessarily Endorse a Third Party We reserve the right to terminate a link to a third-party website at any time. The fact that we provide a link to a third-party website does not mean that we endorse, adopt, authorize or sponsor that website. It also does not mean that we are affiliated with the third-party website’s owners or sponsors.
- If a Third Party Links to Our Site, It Is Not an Endorsement If a third-party links to our Site, it is not necessarily an indication of an endorsement, adoption, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our Site. A website that links to our Site:
- May link to, but not replicate, our content;
- May not create a browser, border environment or frame our content;
- May not imply that we are endorsing it or its products;
- Should not misrepresent its relationship with us;
- Should not present false information about our products or services; and
- Should not contain content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
- By Providing Content, We Do Not Allow You to Use Our Trademarks The trademarks, service marks, trade names and logos used and displayed on our Site are our registered and unregistered trademarks. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name “ESO Solutions” or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Site, without prior written permission. You may not use any metatags or any other “hidden text” utilizing ESO Solutions’ name or trademarks without the express written consent of ESO Solutions. You are not authorized to use our logo as a hyperlink to our Site unless you obtain our written permission in advance.ALL OTHER TRADEMARKS, SERVICE MARKS, AND TRADE NAMES ARE THE PROPERTY OF THEIR RESPECTIVE COMPANIES. ESO SOLUTIONS DISAVOWS ANY PROPRIETARY INTEREST OR CLAIMS IN THE MARKS OF OTHER COMPANIES OR CORPORATIONS.
- All Content on Our Website Is Copyrighted All content included on this Site, including any materials, documents, text, designs, graphics, logos, images, audio and video (“Content”) is the property of ESO Solutions or its affiliates and suppliers, and is protected by United States and international copyright laws. The compilation of all Content on this Site is the exclusive property of ESO Solutions and protected by U.S. and international copyright laws. You may not inline, frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout or form) without our prior express written permission.
- You Must Obey Local Laws in Accessing Our Site This Site is controlled by us from our offices within the United States of America. We make no representation that content or materials on the Site are appropriate or available for use in other jurisdictions. Access to our Site content or materials from jurisdictions where such access is illegal is prohibited. If you choose to access this Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any violations of law. You may not use or export the materials on this Site in violation of U.S. export laws and regulations. Any claims relating to our Site and its content and materials shall be governed by the laws of the State of Texas without giving effect to any principles of conflicts of laws.
- You Are Bound by Changes in these Terms and Conditions We may at any time revise these Terms and Conditions by updating this posting. By using our Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms and conditions to which you are bound. Certain provisions of these Terms and Conditions may be superseded by other legal notices or terms located on parts of our Site.
- You Agree to Indemnify Us for Using Our Site You hereby jointly and severally agree to indemnify, defend and hold us and our suppliers or affiliates, and any of our or their respective officers, directors, owners, agents, employees, information providers, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs, including, without limitation, attorneys’ fees and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of our Site or any breach by you of these Terms and Conditions, or the purchase by you of securities, including any liabilities associated with a violation of federal or state securities laws. If the indemnity provided in this paragraph is not available or is insufficient to hold harmless the Indemnified Parties for any reason, you agree to contribute to the aggregate losses, claims and liabilities to which the Indemnified Parties may be subject in such proportion as appropriate to reflect the relative fault by you and the Indemnified Parties with respect to the activity giving rise to the indemnity claim. You will cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you will not in any event settle any such matter without our written consent.
- Third Parties May Have Rights Under This Agreement Some of the provisions of this agreement are for the benefit of ESO Solutions and its affiliates, officers, directors, employees, agents, licensors and suppliers. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
- How This Agreement May Be Terminated This agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Site after you have terminated this agreement. Provisions 2, 6, 7, 8, 11, 12, 13 and 17 of these Terms and Conditions shall survive any termination.
- Governing Law These Terms and Conditions shall be construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Site shall be filed only in the state or federal courts located in the State of Texas, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Miscellaneous Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions. We may change, suspend or discontinue any aspect of our Site or service at any time. ESO Solutions reserves the right to change system configurations, product specifications, upgrades, pricing, layouts, options and any other specifications at any time without notice. We may also impose limits or restrictions on certain services, features or content or restrict your access to parts or all of our Site without notice or liability.
We welcome your questions and comments regarding these Terms and Conditions and anything else on this Site. Please email us at [email protected].
LAST UPDATED 4/2/2018
Website Code of Conduct
Website Code of Conduct
We want all visitors to our websites to have a safe, interesting and friendly experience. Accordingly, all users of our sites and any contributions they make to the sites must comply with this Code of Conduct. Your use of our websites means that you accept and agree to abide by this Code of Conduct, which supplements and forms part of the Website Terms (which you can access by clicking on the link at the bottom of our websites).
We may need to revise the Code of Conduct from time to time by amending this page. Please review this page regularly to ensure you are aware of any changes we make as they are legally binding on you.
If you reasonably believe that any contribution to our websites made by another user contravenes this Code of Conduct and/or any of the Website Terms, please notify us using the “Report Abuse”/”Flag as Inappropriate” or equivalent button.
Within this Code of Conduct, “contribution” means any material posted or uploaded to our websites by a member of the public, including without limitation any text, photographs, graphics, video or audio material.
YOUR INTERACTIONS ON ESO SOLUTIONS’S WEBSITE:
- must be your own original work. You may be entitled to incorporate into your contribution certain material made available on our websites but only where that is expressly made clear. Otherwise, all material in your contributions must be your own original piece of work and should not plagiarize others’ work.
- must not infringe anyone else’s rights, including copyright. Your contributions must not plagiarize or infringe the rights of any other person including any copyright, database, trade mark, trade secret, privacy, publicity, personal or proprietary rights of any kind. Therefore, with regard to existing articles, news reports, music, video clips or other copyright material you will generally need the explicit permission of the relevant copyright owners
- must not contain unlawful or objectionable content nor involve disruptive, offensive or abusive behavior. Please be respectful and civil to other members, even if you disagree with them. Material that is unlawful, harassing, threatening, defamatory, obscene, offensive, abusive, hateful, inflammatory, profane, racially, sexually or religiously offensive or otherwise objectionable or unlawful is not acceptable.
- must be true and accurate. Your contributions must be true, accurate (where they state facts) and be genuinely held (where they state opinions).
- must not contain unsuitable or irrelevant website addresses or URLs. Links to pornography, commercial or other inappropriate content may be deleted.
- must not promote illegal or anti-social behavior. Contributions must not contain violent or sexually explicit material or advocate, promote or assist any unlawful act such as (by way of example only) terrorist acts, copyright infringement or computer misuse.
- must not misrepresent their origins. Contributions and/or user names may not be used to impersonate any other person, to misrepresent your identity or affiliation with any person or to give the impression that they emanate from us, if that is not the case.
- must not be in any language other than English (or the predominant language of the website if not English). Contributions in other languages may be removed.
- must not involve any flooding, spamming, data mining or advertising. Flooding is when the same comment is posted over and over in the same forum; spamming is the posting of the same comment (or very similar) to more than one forum. Data mining is the collection of any third-party information, including information of ESO Solutions, its partners or customers. All advertisements, chain letters, pyramid schemes, junk mail and any other forms of commercial solicitation are prohibited.
- must not disclose any personal or ESO Solutions customer or partner information. Contributions to this website are publicly available and can be viewed by others with whom you may not wish to share such information. Do not include any personal, personally identifiable or customer information about you or others (including your own or anyone else’s email address).
BREACH OF THE CODE OF CONDUCT
It will be our sole decision as to whether there has been a breach of this Code of Conduct. We have the right (but not the obligation) to edit, refuse to post, or to remove any contribution in whole or in part that we deem to be in breach of the Code of Conduct. Where we believe there is a breach of the Code of Conduct, we may take whatever action we feel is appropriate in the circumstances.
Failure to comply with this Code of Conduct constitutes a material breach of the Website Terms, which could result in us taking any of the following actions:
- issuing a warning to you;
- immediate, temporary or permanent withdrawal of any contribution or of your right to use our websites, including deletion of any personal profile;
- legal proceedings against you for reimbursement of all losses and costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach and/or further legal action against you; and/or
- disclosure of such information to law enforcement authorities or other relevant third parties as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this Code of Conduct. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Last updated: 4/2/2018
Digital Millennium Copyright Act (DMCA)
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the law, copyright owners who believe that their rights have been infringed by unauthorized use of their protected works appearing online may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or access to it disabled.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA).
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ESO SOLUTIONS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
If you believe that your work was copied or posted on our Website in a way that constitutes copyright infringement, please contact ESO Solutions at the email address below:
11500 Alterra Parkway, Suite 100
Austin, TX 78758
Email: [email protected]
If your content has not been posted to any ESO SOLUTIONS site previous, your notification must include the following information:
- A description of the copyrighted work you claim to have been infringed. If you are not the owner of the copyrighted work, you must also include your electronic or digital signature as a person authorized to act on behalf of the copyright owner;
- A description of where the material that you claim is infringing is located on our Website;
- Information reasonably sufficient to permit ESO SOLUTIONS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- A statement that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
Upon receipt of the written Notification containing the information as outlined in 1 through 5 above:
- ESO SOLUTIONS shall remove or disable access to the material that is alleged to be infringing;
- ESO SOLUTIONS shall forward the written notification to such alleged infringer (“Subscriber”);
- ESO SOLUTIONS shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
To be effective, a Counter Notification must be a written communication provided to ESO SOLUTIONS that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber’s address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above:
- ESO SOLUTIONS shall promptly provide you, the complaining party, with a copy of the Counter Notification;
- ESO SOLUTIONS shall inform you that it will replace the removed material or cease disabling access to it within ten (10) business days;
- ESO SOLUTIONS shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided ESO SOLUTIONS’s Designated Agent has not received notice from you that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on ESO SOLUTIONS’s network or system.
ESO SOLUTIONS may, in appropriate circumstances, terminate an account holder or subscriber to an ESO SOLUTIONS Websites if he or she is a repeat infringer. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact ESO SOLUTIONS and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
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