PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the ESP Designs site you signify your assent to the
following terms (“Terms of Use”). Please do not use this site if you do not
agree to these Terms of Use.
Please note that these Terms of Use are subject to change and that we may modify them from
time to time without notice. We ask that you bookmark and periodically review this page to
ensure continuing familiarity with the most current version of these Terms of Use. Please
e-mail us at info@esp-designs.com to contact us about these Terms of Use.
1. You agree that you may not use, quote, copy, distribute, broadcast or publish on any
medium now known or hereinafter devised any text, content, graphics, video clips or still
photographs contained in this site without the prior express written authorization of ESP
Designs, a Texas corporation ("ESP Designs" or "we" or
"us"), which grants authorization in ESP Designs’ sole discretion on a
case-by-case basis. To contact ESP Designs regarding obtaining such authorization, please
email us at info@esp-designs.com.
2. You agree to indemnify and hold ESP Designs and ESP Designs’ subsidiaries,
affiliates, officers, agents, co-branders or other partners and employees harmless from
and against any claim, expenses and costs, including reasonable attorneys' fees, made by
any third party due to or arising out of your use of the services provided on the ESP
Designs site, your violation of any term or condition of these Terms of Use, the
Independent Marketing Affiliate Agreement, other published guidelines, or your violation
of any rights of another party.
3. You agree that ESP Designs makes no guarantee of the availability of any services
provided on the ESP Designs site and may, at any time, or from time to time, modify or
discontinue, temporarily or permanently, any services provided on this site without notice
to you. You understand that ESP Designs shall not be liable to you or to any third party
for any modification, suspension or discontinuance of any services provided on this site.
4. You agree that ESP Designs’ reference to any products, services, processes,
hypertext links to third parties or other information by trade name, trademark,
manufacturer, supplier or otherwise does not imply endorsement, sponsorship, or
recommendation by ESP Designs. You understand and acknowledge that ESP Designs makes no
representations or warranties whatsoever about other sites which you may access through
this site or the content, products, services or materials made available through any such
third-party sites and you acknowledge and agree that ESP Designs will not be liable to you
or any third party for claims arising from or in connection with such third-party products
and services. You hereby disclaim and waive any rights and claims you may have against ESP
Designs with respect to third-party products and services, to the maximum extent permitted
by law.
5. You agree that ESP Designs shall have no liability to you for any and all loss you may
incur resulting from or in connection with, but not limited to: (a) Access delays or
access interruptions; (b) data non-delivery; (c) acts of nature; (d) errors, omissions or
misstatements in any and all information or services provided under these Terms of Use;
(e) deletion or failure to store e-mail messages, programs, or other data; (f) the
development or interruption of your web site; or (g) any action or omission of a third
party with whom you enter into an agreement as a result of any promotion, advertisement or
sponsorship related to, or in connection with, any service(s) of ESP Designs. You agree
that your sole and exclusive remedy for any damages incurred by your use, or inability to
use, this Web site shall be limited to Five Hundred United States Dollars (US$500).
Furthermore, ESP Designs and ESP Designs’ contractors and affiliates shall not be
liable for any direct, indirect, incidental, special or consequential damages, or for any
loss of revenue, profits or data, arising in connection with your use, or inability to
use, this web site. Because some states do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states, ESP Designs’
liability is limited to the extent permitted by applicable law.
6. ESP Designs expressly disclaims all warranties of any kind, whether express or implied,
including but not limited to, the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. ESP Designs makes no warranty that ESP
Designs’ service(s) will meet your requirements, or that such service(s) will be
uninterrupted, timely, secure, or error free; nor does ESP Designs make any warranty as to
the results that may be obtained from the use of ESP Designs’ service(s). No advice
or information, whether oral or written, obtained by you from website shall create any
warranty not expressly made herein. To the extent jurisdictions do not allow the exclusion
of certain warranties, some of the above exclusions may not apply to you.
7. Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and use of this site. The ESP Designs site is solely directed to
individuals residing in the United States. We make no representation that materials in the
ESP Designs site are appropriate or available for use in other locations. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside. Those who choose to
access the ESP Designs site from other locations do so on their own initiative and at
their own risk, and are responsible for compliance with local laws, if and to the extent
local laws are applicable. Any software downloaded from the ESP Designs site is further
subject to United States export controls. No such software may be downloaded or otherwise
exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya,
North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or
(b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or
the U.S. Commerce Department's Table of Deny Orders. By downloading or using any such
software, you represent and warrant that you are not located in, under the control of, or
a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the ESP Designs site and/or the
provision of any service, program, film, or other product described thereon to any person,
geographic area, or jurisdiction it so desires, at any time and in our sole discretion,
and to limit the quantities of any such service, program, film, or other product that we
provide.
8. You understand that ESP Designs is based in the city of Sherman,TX, and that the
formation, construction and interpretation of these Terms of Use and the relationship
between ESP Designs and you shall be controlled by the laws of Texas without reference to
Texas' conflict of law principles. You and ESP Designs agree to submit to the personal and
exclusive jurisdiction and venue of the state and federal courts located within the county
of Grayson.Texas. ESP Designs’ failure to exercise or enforce any right or provision
of these Terms of Use shall not constitute a waiver of such right or provision. If any
provision of these Terms of Use or the application of such provision to any person or
circumstance shall be held invalid, the remainder of these Terms of Use or the application
of such provision to persons or circumstances other than those to which it is held invalid
shall not be affected thereby.
9. Ownership and Restrictions on Use. ©2002 ESP Designs. All Rights Reserved. The ESP
Designs site is owned and operated by us in conjunction with others pursuant to
contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit
or distribute materials from the ESP Designs site in any way, without our prior written
permission. Modification of the materials or use of the materials for any other purpose is
a violation of our copyright and other proprietary rights, and is strictly prohibited. You
acknowledge that you do not acquire any ownership rights by using the ESP Designs site.
10. You should be aware that filtering software is available to prevent minors from
obtaining access to indecent or offensive material. ESP Designs does not endorse any
specific filtering software, and many different products are available on the market. Two
of these products are CyberSitter which can be found at http://www.solidoak.com and
NetNanny which can be located at http://www.netnanny.com.
11. ESP Designs is a service provider under the Digital Millennium Copyright Act
(“DMCA”) (http://lcweb.loc.gov/copyright/legislation/hr2281.pdf) and complies
with its provisions. ESP Designs designated agent is:
ESP Designs
Sherman, Texas 75090
903.870.9504
Email info@esp-designs.com
12. ESP Designs disclaims any intention to censor, edit or engage in ongoing review of
communications on the ESP Designs web site. ESP Designs will block access to, or remove,
any material on ESP Designs’ servers that we believe in good faith to be copyrighted
material that has been illegally copied and distributed by any ESP Designs customer. The
customer accounts and privileges of repeat infringers of copyright, or of customers about
whom repeat claims of copyright infringement are received, will be terminated.
13. Procedure for Reporting Copyright Infringements
(a) Effective Notice: To be effective, a notification of claimed infringement must be a
written communication provided to ESP Designs’ designated agent and must include
substantially the following: (i) a physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii)
identification of the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification, a
representative list of such works at that site; (iii) identification of the material that
is claimed to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably sufficient to
permit us to locate the material; (iv) information reasonably sufficient to permit us to
contact the complaining party, such as an address, telephone number, and, if available, an
electronic 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 agents, or the law; and (vi) a
statement that the information in the notification is accurate and, under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. If you believe in good faith that a notice of
copyright infringement has been wrongly filed against you, the DMCA permits you to send
Company a counter-notice. Notices and counter-notices must meet the then-current statutory
requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details.
(b) What We Will Do. Once the required information is received we will: (i) remove or
block access to the infringing material; (ii) notify ESP Designs’ customer of ESP
Designs’ action; and (iii) if ESP Designs’ customer sends us a
counter-notification as provided for in the DMCA: (A) send a copy of the
counter-notification to the person making the claim; and (B) inform the person making the
claim that we will replace the blocked or removed material in ten business days, unless
the person making the claim notifies us that such person has filed an action seeking a
court order to restrain the customer from engaging in the infringing activity relating to
the material on ESP Designs’ system or network.
[Revised October 06, 2002]