Any new features of our web site, including updates, upgrades, releases, new products, or new services, shall also be subject to this Disclaimer.
In addition, some products or services offered through our web site may be subject to additional terms and conditions, that may be provided in conjunction with such products or services (collectively, the “License and Service Agreements”). Your use of such products or services is subject to the applicable License and Service Agreement(s). In the event of any conflict between a License and Service Agreement and this Disclaimer, with respect to your use of such products or services, the License and Service Agreement(s) shall apply.
You may access our web site and any content or information contained therein for your information and use solely as permitted under this Disclaimer. Except for software downloads that are expressly permitted on our web site, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit our web site or any content for any other purposes without the prior written consent of Esgyn. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses our web site in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree to comply with all applicable laws in your use of our web site. Esgyn and its licensors reserve all rights not expressly granted in this Disclaimer.
Our Content; Proprietary Rights
Through our web site, we provide information about Esgyn, the Esgyn products and related services. We are the owner or authorized licensee of all information, materials, functions and other content contained on our web site, and you acknowledge that you are only receiving a limited right to access or use this content. Except for software downloads that are expressly permitted on our web site, no content from our web site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of our web site.
The name “Esgyn” and our graphics, logos, designs, page headers, button icons, scripts, product names and service names are copyrights, trademarks, trade names, or trade dress of Esgyn or its licensors in the U.S. and/or other countries. These copyrights, trademarks, trade names, and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion, unless expressly allowed in writing by Esgyn or its licensors.
We respect the intellectual property rights of others and expect our users to do the same. It is our policy, in appropriate circumstances and at our sole discretion, to disable or terminate the access of users who infringe or are charged with infringing the intellectual property rights of others.
We are not responsible for the content or availability of outside web sites or resources linked to or referenced on our web site. We do not endorse and are not responsible or liable, directly or indirectly, for any claims that arise from your access or use of any content, advertising, products, services or other materials on or available from such web sites.
Registration and Accounts
The content available on our public web site may be accessed without registering with Esgyn. If you choose to evaluate or purchase any services or products offered on our web site, you may be asked to register with us and to create your own unique user name and password. You must keep all account information secure. You are solely responsible and liable for all activities that occur under your password or account. You shall notify us immediately of any breach of security or unauthorized use of your password or account.
You acknowledge, consent, and agree that we may preserve and disclose your account information if required to do so by law or in a good faith belief that such preservation or disclosure is reasonably necessary to comply with a legal process or to enforce this Disclaimer.
Eligibility; Age Restriction
Our web site may only be used by individuals who are 18 years and older and who can form legally binding contracts under applicable law. Individuals under the age of 18 must at all times use our web site only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In these cases, the supervising adult is responsible for any and all activities conducted on or through our web site. You represent and warrant that you are at least 18 years old, or that you are using our web site under the supervision of an adult parent or legal guardian, and that all registration information you submit is accurate and truthful.
We may, in our sole discretion, refuse to offer access to or use of our web site to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to access the web site is revoked in such jurisdictions.
Reporting Copyright Infringement
If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringements taking place on or through our web site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. In accordance with the Digital Millennium Copyright Act of 1998, we will respond expeditiously to these allegations and take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the web site.
The DMCA Notice of Alleged Infringement shall:
1. Identify the copyrighted work that you claim has been infringed.
2. Identify the material you claim is infringing and that is to be removed or disabled and provide information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the web site where such material may be found.
3. Provide your mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- o “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this notice, with all items completed, to our Designated Copyright Agent at:
691 South Milpitas Boulevard, Suite 117
Milpitas, CA 95035-5476
Attn: Kevin DeYager
Warranties/Limitation of Liability
ESGYN’S CONTENT, ITS WEB SITE AND ANY PRODUCTS OR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ESGYN HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO ESGYN’S CONTENT, WEB SITE, AND ANY PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
ESGYN WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOSS OF DATA OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE OR STRICT LIABILITY), ARISING OUT OF THIS DISCLAIMER OR YOUR USE OR INABILITY TO USE ESGYN’S CONTENT, WEB SITE, OR ANY PRODUCTS OR SERVICES, EVEN IF ESGYN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ESGYN’S AGGREGATE LIABILITY ARISING OUT OF THIS DISCLAIMER OR YOUR USE OF ESGYN’S CONTENT, WEB SITE, OR ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO PURCHASE THE CONTENT, SERVICES OR PRODUCTS THAT GAVE RISE TO SUCH LIABILITY, AND (B) $100.
You agree to defend, indemnify and hold harmless Esgyn and its officers, directors, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of any breach by you of this Disclaimer or your violation of any law or the rights of a third party.
This Disclaimer shall take effect on the date you first access or use our web site and shall continue until terminated in accordance with this Disclaimer. You agree that we may, in our sole discretion, suspend, block, or terminate your access to all or part of our web site and any content, with or without notice, for any reason. Any suspected illegal or fraudulent activity may be referred to appropriate law enforcement authorities.
Governing Law; Jurisdiction
This Disclaimer is governed by the laws of California, without regard to its conflicts of law provisions. Any claim or controversy arising out of or related to this Disclaimer shall be instituted in any state court in Santa Clara County, California or federal court in Santa Clara County, California. Each party agrees to submit to the jurisdiction of, and agrees that the venue is proper in, such courts in any such legal action or proceeding.
Notwithstanding the immediately foregoing paragraph, if you are located in the PRC (as defined below), this Section 12 sets forth an exception to the above terms and conditions regarding governing law and jurisdiction. The “PRC” means the People’s Republic of China, but excludes the Hong Kong Special Administrative Region, the Macau Special Administrative Region, and Chinese Tapei/Taiwan. If you are located in the PRC any conflicts arising out of this Disclaimer shall be governed by the relevant officially promulgated laws, regulations, measures, and rules of the PRC. If a lawsuit arising out of this Disclaimer is filed in the PRC, the parties hereby stipulate and agree that (a) any such suit or appeal therefrom must be brought in a division of the Supreme People’s Court of Shanghai, and (b) this Disclaimer was executed and performed solely in the Shanghai Municipality. In addition, you are solely responsible for (a) any registration, filing, disclosure, or approval of this Disclaimer required under the laws of the PRC, together with any and all associated costs and expenses, and (b) you understand and agree that Esgyn will be relieved from performance under this Disclaimer if you fail to properly register or file this Disclaimer with local authorities in accordance with PRC law. If you are located in the PRC, the Chinese version of this Disclaimer controls over any English translation of the same.
We reserve the right to make changes to this Disclaimer at any time by updating this page with any such changes and indicating the effective date of those changes. You acknowledge and agree that it is your responsibility to review this Disclaimer periodically to familiarize yourself with any modifications. By continuing to access and use our web site after those changes become effective, you consent and agree to be bound by the revised Disclaimer.
This Disclaimer is effective as of September 9, 2015.