Signed in as:
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Signed in as:
filler@godaddy.com
By using and/or visiting the ECSA website or any other site operated by ECSA and/or its affiliates, collectively referred to as the “Websites”, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS (the "Terms") AND THE MANNER IN WHICH WE COLLECT, USE, AND DISCLOSE YOUR PERSONAL INFORMATION AS SET OUT IN ECSA’S PRIVACY POLICY (the “Privacy Policy”). These Terms may be changed or updated at any time. You can always read the current, complete version of the Terms at https://ecsadvisors.com/. Specific Web pages of the ECSA Websites may set out additional terms and conditions, all of which are incorporated by reference into these Terms.
By visiting, entering, or using the Websites and/or the services located at the Websites, (collectively, the “Services”), You indicate that You accept the current version of these Terms and that You agree to be bound by them. Acceptance of the Terms creates a binding contract (“Agreement”) between You and ECSA that You will use the Websites and the Services only in a manner consistent with these Terms. If You do not agree to any of these Terms, then please do not access or use the Websites or Services, and, if applicable, You should arrange to cancel Your registered user account or subscription to us.
I. Limited License to Use the Websites and Services
ECSA grants You a limited, non-transferable license to use the Websites in accordance with the Terms. You may only use the Websites to view information presented at the Websites and to make legitimate inquiries.
You may not use the Websites for any other purposes. The Websites and the content provided on the Websites, including any text, graphics, button icons, audio and video clips, digital downloads, data compilations and software (collectively, “Content”), may not be copied, reproduced, republished, framed, mirrored, uploaded, posted, transmitted, modified, translated, used to create derivate works, sold, transferred, sub-licensed, distributed, disassembled, decompiled, or reverse engineered without the written permission of ECSA, and/or its third party partners, except that You may download, display and print the materials presented on the Websites for Your personal, non-commercial use only.
II. User Conduct Guidelines
(a) ECSA does not seek through the Site to gather personal data from or about minors (as this term is defined by applicable law). The ECSA website(s) do not provide content to children (anyone under 18 years of age) and do not contract with or collect personally identifiable information from these visitors. Therefore, the requirements of the Children's Online Privacy Protection Act (COPPA) are not incorporated in these Terms. If you are under the age of 18, do not use this site.
(b) In consideration of Your use of the Websites and Services, You represent that You are of legal age, over 18 years old, to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. If applicable, You agree to provide true, accurate, current, and complete information about yourself upon registration and thereafter. You agree that You are responsible for maintaining the confidentiality of any usernames, passwords, account, or any other tools or data that afford You access to restricted areas of ECSA’s Websites or Services. If You are sharing such usernames, passwords, etc. with others for the purpose of shared viewing of the Websites, You are also responsible for all users of such information, whether or not actually or expressly authorized by You. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
(c) You agree not to use the Websites or the Services to:
1. upload, post, email, transmit or otherwise make available (“Post”) any Content:
· that is unlawful, harmful, threatening, indecent, inflammatory, pornographic, profane, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, false, or inaccurate, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
· that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or that would otherwise violate any law, or violate any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
· that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
· that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment virus, bug or other harmful item; or
· that contains any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
2. Harm minors in any way;
3. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
4. Violate any applicable local, state, national or international law, intentionally or unintentionally;
5. "Stalk" or otherwise harass another;
6. Collect or store personal data about other users;
7. Transmit or otherwise transfer any Web pages, data or content found on the Websites to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise; or
8. Supply material support or resources to organizations designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act.
While utilizing or accessing the Websites, the Services, or information or other Content available on the Websites, You also agree not to:
1. Use any device, software or routine to interfere or attempt to interfere with the proper working of the Websites or interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service in any way;
2. Use any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on the Websites without the prior written permission of ECSA; or
3. Imposes a burden or load on our infrastructure that ECSA deems in its sole discretion to be unreasonable or disproportionate to the benefits ECSA obtains from Your use of the Websites.
Content that violates these guidelines may be removed at the discretion of ECSA.
(d) You agree to be fully responsible for Your own Content, if any, and the consequences of posting or publishing them. Under no circumstances will ECSA be liable in any way for any Content (other than for Content developed by us), including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted to or through the Websites. In the event that You have a dispute with a user of ECSA and its Services, You release ECSA and its officers, members, and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) In order to provide the Services, You hereby grant ECSA the royalty-free, non-exclusive, worldwide, and sublicensable right to use, modify, distribute, publish, copy, publicly display and publicly perform, in any format or medium now known or later developed, with or without attribution, any Content submitted by You on the Websites or Services, in connection with the Websites and Services, except as otherwise prohibited by the Privacy Policy.
(f) You understand and agree that ECSA's online services are provided "AS IS." ECSA assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or settings. You understand and agree that use of ECSA's online services is at Your sole risk. Any material and/or data downloaded or otherwise obtained through the use of ECSA's Services is at Your own discretion and risk, and You are solely responsible for any damage to Your computer system or loss of data that results from the download of such material and/or data.
III. Intellectual Property Rights
(a) Website: Except for any copywritten content submitted by users, all of the content on the ECSA Websites, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, the trademarks, service marks and logos contained therein ("Marks"), trade secrets, including customer and client lists and any other proprietary rights related thereto or appearing on the Websites are owned by or licensed to ECSA, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites is provided to You AS IS for Your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. ECSA reserves all rights not expressly granted in and to the Websites and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content submitted by third parties obtained through the Websites for any commercial purposes. If You download or print a copy of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable, or otherwise interfere with security related features of the ECSA Websites or features that prevent or restrict use or copying of any Content or enforce limitations on use of the ECSA Websites or the Content therein. You agree to be liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from Your use of the Websites.
(b) Ownership of Work-Product: Ownership of ECSA’s Services: (referred to herein as, “Work-Product”): If Company is not in material breach of any services Agreement including Company’s obligation to make full payment for Services to ECSA, Company and ECSA acknowledge and agree that for intellectual property and copyright purposes, only, ECSA shall be deemed an “employee-for-hire” of Company. The results and proceeds of ECSA’s Services shall be deemed to be “works made-for-hire” and the copyrights in and to the Work-Product as between Company/ECSA shall be owned by Company, in the territory, the Universe.
(c) Unless ECSA previously identifies its ownership of any proprietary intellectual property utilized in any Services agreement, Company shall have the exclusive Intellectual Property rights to the Work-Product created by ECSA in its name or the name of its designee. If the results ECSA’s services are not deemed to be “works made for hire,” ECSA hereby assigns all of ECSA’s right, title, and interest to the Work Product to Company and hereby grants Company a worldwide irrevocable license in perpetuity for the content of ECSAs Services.
IV. Third Party Links
The ECSA Website(s) may contain links to other websites that are provided solely as a convenience to You and not as an endorsement by ECSA of the contents, services, or operation of such other websites. ECSA shall not be responsible for the content of, or services offered by any other websites or third-party providers and makes no representation or warranty regarding any other websites, or the services provided or the contents or materials on such websites. If You decide to access other websites, You do so at Your own risk. You agree not to hold ECSA responsible for the content or operation of such websites.
V. Termination
ECSA may immediately change or terminate Your access to the Services, the Websites, or any online membership(s) with ECSA, with or without notice, at any time, without liability to You, any other user or any third party. ECSA reserves the right to terminate Your online membership(s) if, without limitation, You have: (1) provided ECSA with false or misleading registration information, including MSA information provided by You; (2) interfered with other users or the administration of ECSA Services or Websites; (3) upon a request by law enforcement or other governmental authorities; or (4) otherwise violated these Terms.
VI. Disclaimer of Warranties
ALL PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. EXCEPT AS OTHERWISE REQUIRED BY LAW, ECSA DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, ECSA DOES NOT WARRANT THAT ACCESS TO THE WEBSITES WILL BE TIMELY, SECURE, AND/OR ERROR-FREE OR UNINTERRUPTED. ECSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, RESULTS, OR CONTENT PROVIDED ON THE WEBSITES OR IN ANY EMAIL COMMUNICATION SENT BY OR ON BEHALF OF ECSA.
VII. Limitation of Liability
UNLESS OTHERWISE DELINEATED IS AN SOW, ECSA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE WEBSITES.
IN NO EVENT SHALL ECSA BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, TRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF THIS SITE OR CONTENT FOUND HEREIN, (II) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE), (III) OTHER MATTER RELATING TO THE WEBSITES AND/OR ECSA SERVICES.
If, notwithstanding the foregoing, ECSA or any third party provider or distributor should be found liable for any loss or damage, which arises out of or is in any way connected with any of the above described functions or uses of the Websites, the Content, and/or the Services, the liability of ECSA and the third party providers and distributors shall in no event exceed, in the aggregate, the greater of (a) the subscription fee and service charge, if any, for accessing the Websites or Services, or (b) US$100.00. In its sole discretion, in addition to any other rights or remedies available to ECSA and without any liability whatsoever, ECSA, at any time and without notice, may terminate or restrict Your access to any component of the Websites or its Services. Some states do not allow certain limitations of liability, so the foregoing limitation may not apply to You.
VIII. Forward-Looking Statements
The site and the information and materials thereon include “forward-looking” statements that involve uncertainties and risks. There can be no assurance that actual results will not differ from the expectations of ECSA. Factors that could cause such differences include the pace and timing of additional acquisitions, the company's ability to realize cost savings and efficiencies, competitive and general economic conditions, pretension of staff and clients and other risks described in the company's filings with the Securities and Exchange Commission. We are under no duty to update any of the forward-looking statements to conform such statements to actual results and events and do not intend to do so.
IX. Claims of Intellectual Property Infringement
If You believe Your copyright, or other intellectual property rights have been infringed by the Websites, Content or Services, we ask that You please provide to ECSA’s Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright 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;
3. 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;
4. 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 agent, or the law; and
5. 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.
Send such notice as directed above to: legal@ecsadvisors.com
X. Policy Regarding Use of Trademarks
The trademarks, logos, and service marks (“Marks”) displayed are registered trademarks of their respective owners, are the property of their respective owners, and are protected by the U.S. and international trademark laws and/or common law. Their uses are restricted to programs, events, products, or services that ECSA sponsors or with which ECSA is otherwise affiliated. Neither party’s trademarks may be used for financial gain without express consent of the other party. Use of the Marks is prohibited without express written consent except as permitted by applicable laws. Nothing in these Terms of Use or otherwise contained in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Marks without the other party’s express written consent.
XI. Indemnity
You agree to indemnify, defend and hold harmless ECSA, its affiliates, officers, directors, employees, consultants and agents from any and all third-party claims, liabilities, damages, losses, debt, expenses, obligations, and/or costs (including, but not limited to, attorney’s fees) arising from:
(a) Your use and access to the Websites or of ECSA Services;
(b) Your violation of the Terms;
(c) Your violation of any third party right, including without limitation any trademark, copyright, property, proprietary, privacy, or other right or Your infringement or infringement by any other user of Your account, of any intellectual property or other right of any person or entity; and
(d) any of Your Content, including, without limitation, any Content posted or otherwise provided by You that infringes any copyright, trademark, intellectual property right of any person or defames any person or violates any person's rights of publicity or privacy, or otherwise violates these Terms.
The Terms will inure to the benefit of successors, assigns, and licensees. This defense and indemnification obligation will survive these Terms and Your use of the Websites and/or Services.
XII. Minors
The Site is not designed, nor is it ECSA’s intent, to attract Users under 18 years old, and Users are required to be 18 years of age or older. Accordingly, ECSA will not knowingly collect or maintain information from anyone under the age of 18.
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