Website copyright 2010 by Essex Software, LLC. All rights reserved.
All content within this website including, but not limited to, text, images, illustrations, audio and video clips, is protected by copyright, trademark, service mark, and/or other intellectual property rights (which are governed by U.S. and worldwide copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes), and are owned and controlled by Essex Software, LLC or its affiliates, or by third party content providers, merchants, sponsors and licensors (collectively “Providers”) that have licensed their content or the right to market their products and/or services to Essex Software, LLC. Content on this website or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use. You may print a copy of the content and/or information contained herein for your personal, non-commercial use only. You may not copy, reproduce, republish, upload, post, transmit, distribute, and/or exploit the content or information in any way (including by e-mail or other electronic means) for commercial use without the prior written consent of Essex Software, LLC or the Providers, Likewise, any modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use , without the prior written consent of Essex Software, LLC or the Providers violates the rights of Essex Software, LLC and/or the Provider copyrights, trademarks or service marks and other proprietary rights, and is therefore prohibited.
ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. This Agreement shall govern the use of the website and apply to all Internet traffic visiting the website. By accessing or using this website, you agree to the Terms. The Terms are meant to protect all of our website visitors and your use of this website signifies your agreement with this Agreement. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEBSITE.
Essex Software, LLC reserves the right, in its sole discretion, to modify, alter or otherwise update this Agreement at any time. Such modifications shall be effective immediately upon posting. By using this website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
As a condition to your use of this website, you warrant to Essex Software, LLC that you will not use our website for any purpose that is unlawful or prohibited by this Agreement, including without limitation the posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. If you violate any of this Agreement, your permission to use our website immediately terminates without the necessity of any notice.
Essex Software, LLC retains the right to deny access to anyone at its discretion for any reason, including for violation of this Agreement. You may not use on your website any trademarks, service marks or copyrighted materials appearing on this website, including but not limited to any logos or characters, without the express written consent of the owner of the mark or copyright. You may not frame or otherwise incorporate into another website any of the content or other materials on this website without prior written consent of Essex Software, LLC.
Disclaimer of Warranties and Liability:
All content within this website is provided “as is” and without warranties of any kind either express or implied. Other than those warranties which, under U.S. law applicable to these terms, are implied by law and are incapable of exclusion, restriction, or modification, Essex Software, LLC disclaims any and all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Neither Essex Software, LLC, its affiliated or related entities, nor the providers, nor any person involved in the creation, production, and distribution of this website warrant that this website will be uninterrupted or error-free, that defects will be corrected, or that the server that makes the content available will be free of viruses or other harmful components. The content that you access on this website is provided solely for your convenience and information only. Essex Software, LLC does not warrant or make any representations regarding the results that may be obtained from the use of this website, or as to the reliability, accuracy or currency of any information content, service and/or merchandise acquired pursuant to your use of this website.You expressly agree that use of this website is at your sole risk. You assume the entire cost of any servicing, repair or correction of your system.
You expressly agree that neither Essex Software, LLC, nor its affiliated or related entities (including its providers, and its web hosting service providers, and their suppliers), nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, distribution, hosting, and/or operation of this website, is responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use or attempted use of this website (including, without limitation, use of or access to any related software or hardware) or any other linked site. By way of example, and without limiting the generality of the foregoing, Essex Software, LLC and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this website. You expressly acknowledge and agree that Essex Software, LLC is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, Essex Software, LLC’ liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless Essex Software, LLC, the Providers, and website hosting service providers, and its and their officers, directors, employees, affiliates, agents, licensors, and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of this Agreement.
Third Party Rights:
This Agreement is for the benefit of Essex Software, LLC, its Providers, its website hosting service providers, and related officers, directors, employees, affiliates, agents, licensors, and suppliers. Each of these individuals or entities shall have the right to assert and enforce this Agreement directly against you on its or their own behalf.Jurisdictional Issues
Unless otherwise specified, the content contained in this website is presented solely for your convenience and/or information. This website is controlled and operated by Essex Software, LLC from its offices and makes no representation that content in its website is appropriate or available for use in other locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You may not use or export the materials in this website in violation of U.S. export laws and regulations.This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflicts of law provisions. Any cause of action with respect to this Agreement and your rights and obligations must be filed in the County of Essex, State of New Jersey within one year after the cause of action, otherwise the cause shall be barred. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
Any rights not expressly granted herein are reserved by Essex Software, LLC.