ESS Group, Inc. Terms and Conditions

User Accepts Responsibility

User defined

Users are Responsible

• Users are responsible for providing all personal computer and communications equipment necessary to gain access to the System. User must provide, at User's own cost, all telephone, computer, modem and other equipment and non-ESS Group software necessary to access and use the ESS Group System and shall be responsible for all charges necessary for such access and use.
• Access to and use of the System is through a combination of an ID and a password. Each User must keep his/her password strictly confidential. Remember your password! For security reasons, ESS Group will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the System is a breach of this Agreement and a violation of law.
• User is responsible for maintaining the confidentiality of his/her/its password. User shall be fully liable for all use of his/her/its registration information and/or subscription privileges, including any unauthorized use of these information and/or subscription privileges prior to ESS Group's receipt of notice from User regarding such unauthorized use.
• You as the User agree to defend, indemnify and hold ESS Group and its affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable attorneys' fees, related to any violation of these Terms and Conditions by you or users of your account, or in connection with the use of the ESS Group System or the Internet or the placement or transmission of any message, information, software or other materials on the ESS Group System or on the Internet by you or users of your account.
• No User shall permit others to use such User's registration information and/or subscription privileges and shall notify ESS Group of any known or suspected unauthorized use of such User's registration information and/or subscription privileges.
• User agrees to indemnify and hold without harm ESS Group, its officers, employees, agents, directors, shareholders and other Users from any and all claims, damages, expenses (including legal fees) and liabilities resultant from any and all use of the User's account whether authorized or not authorized. In no event shall provider be liable for any damages, claim or loss incurred by user (including without limitation compensatory, incidental, indirect, special, consequential or exemplary damages, lost profits, lost sales or business, expenditures, investments, or commitments in connection with any business, loss of any goodwill, or damages resulting from lost data or inability to use data) irrespective of whether provider has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts.
• You do not receive any, and ESS Group retains all, ownership rights in the ESS Group System, including LIRA. ESS Group Systems are copyrighted and may not be copied, even if modified or merged with other products. You shall not alter or remove any copyright notice or proprietary legend contained in or on the System.

• The right to use the ESS Group System is not transferable. User is responsible for the confidentiality of User's passwords. Loaning your account to others, connecting a system used by multiple persons, group use of user logins, and consuming more than one modem line are explicitly prohibited. Violation of this policy will be dealt with as theft of service and may be prosecuted under civil and criminal law.
• User may not sublicense, assign or transfer any license granted by any such agreement of the LIRA System. Any attempt at any such sublicense, assignment or transfer is void.
• Use of this account to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening, or engage in any kind of illegal activity is expressly prohibited. Users will abide by all rules, regulations and policies of those networks and computer systems accessed via this account. If the User is unsure of those policies, it is the User's responsibility to ascertain said policies.
• You may not copy, reverse engineer, translate, port, modify or create/make derivative works of the ESS Group System. You may not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Products or use them in any manner not expressly authorized by this Agreement. You shall not derive or attempt to derive the source code, source files or structure of all or any portion of the Products by reverse engineering, disassembly, recompilation or any other means.
• ESS Group may, in its sole discretion, terminate User's use of the System, or suspend User's access to all or part of ESS Group System, for any reason. Subscription to the System may be terminated at any time, and without cause, by either ESS Group or the User upon notification of the other by electronic or conventional mail, or by telephone.
• Your use of the ESS Group System does not create a license or any other rights in ESS Group's copyrights and other intellectual property.
• You authorize ESS Group to collect from any party and to retain all relevant information relating to your use of the ESS Group System, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify ESS Group to the contrary, you further authorize ESS Group to disclose, on a confidential basis, to any party with whom ESS Group has business relations relevant information relating to your dealings with us and the ESS Group System.

• You are solely responsible for your postings, messages and online behavior. Respect fellow System Users!
• The System enables users to share information with other Users. Users shall not--under penalty of prosecution--upload, distribute, transmit, submit, display or otherwise publish through the ESS Group System any content which is libelous, defamatory, inaccurate, abusive, threatening, racially offensive, obscene, pornographic, vulgar, profane, indecent or otherwise objectionable; or which violates or infringes in any way upon the rights of others, which invades privacy or publicity rights, or which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law; or which contains viruses, "worms", "Trojan horses" or any other harmful properties, or use the ESS Group System for, or to further, any illegal purposes. Also, transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement.
• User shall not, without the express written approval of ESS Group, upload to, distribute, broadcast (by e-mail or otherwise), or otherwise publish through ESS Group System any content containing any solicitation of funds, advertising or solicitations for goods or services, except that such restriction shall not prevent User from sending private e-mail in the ordinary course of business.
• ESS Group does not necessarily endorse e-mail postings, conferences, and other communications by other Users, and such communications shall not be considered reviewed, screened or approved by ESS Group. ESS Group reserves the right for any reason to remove without notice any contents of the Forums in the ESS Group System received from Users, including without limitation forum postings.

• The names of ESS Group products and services profiled herein are trademarks and service marks of ESS Group. Other service providers’ product and service names referenced herein are trademarks and service marks of their respective companies.
• The ESS Group System may contain hyperlinks to websites operated by parties other than ESS Group. Such hyperlinks are provided for reference only. ESS Group may not control such websites, and is not responsible for their contents. ESS Group's inclusion of hyperlinks to such websites does not necessarily imply any endorsement of the material in such websites or any association with their operators.
• ESS Group shall not be liable for any special, indirect, incidental, or consequential damages, including without limitation, lost revenues or lost profits, which may arise from any person’s use of these materials. ESS Group may make changes to these pages, or to the products described by these materials, from time to time, without notice. ESS Group is not obligated to update these materials.
• ESS Group and/or its suppliers make no representations about the suitability of the information, software, products, and services contained in the ESS Group System for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind.
• ESS Group is not obligated to screen or edit messages or other materials transmitted by Users before they appear in the System, nor is ESS Group obligated to monitor usage or supervise the conferences or private conversations.
• The information contained on this site is necessarily general and no Solicitor/Client relationship is to be held as created. Common sense will dictate that you should not act upon the information contained in these pages without obtaining specific legal or other expert advise before hand. These pages do not provide any legal advice. You must consult an attorney for legal advice.
• You may download material displayed on the website only for non-commercial and personal use, as long as you also retain all copyright and other proprietary notices contained on these materials.
• This website may include publications with technical inaccuracies or typographical errors that will be corrected as they are discovered at ESS Group's sole discretion. Also, changes are periodically added to the information contained herein. These corrections and changes may be incorporated into this website at a later date.
• The names, images, logo’s and pictures identifying ESS Group products and services are trademarks of ESS Group and/or its subsidiaries, affiliates, suppliers or licensors.
• ESS Group may change or discontinue any aspect of the ESS Group System at any time, including, but not limited to, the availability of any ESS Group System feature, database or content.
• You may not use, modify, distribute or transmit the contents of the website, including the text, images, audio, and video for public or commercial purposes, without written permission from ESS Group.
• User may download or copy content accessed through the ESS Group System for personal use, including internal business use in the ordinary course of User's business or profession, provided that User maintains all copyright and other notices contained in such content. In no event may User, directly or indirectly, sell or offer for sale any content accessed through the ESS Group System or upload, distribute, or otherwise publish such content in any form or medium except for occasional communications. User shall not store any significant portion of any content owned by, or licensed to, ESS Group in any form, whether archival files, computer-readable files or any other medium.

• You, the User, understand that ESS Group has the right, but not the obligation, to monitor the content of the System to determine compliance with this Agreement and any other operating rules established by ESS Group. ESS Group shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the System.
• ESS Group reserves the right in its sole discretion to edit or to delete any content displayed, uploaded to, or distributed, or otherwise published through ESS Group System (other than content in private e-mail communications).

• The law that applies to these Terms and Conditions is the law of the state of California. These Terms and Conditions shall be governed by and construed in accordance with the law of the State of California. Disputes arising here from shall be exclusively subject to the jurisdiction and venue of the Courts of the State of California.
• In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect, and all provisions of these Terms and Conditions which operate to protect the rights of ESS Group, Inc. shall continue in force even in the event of termination of these Terms and Conditions on other grounds. If provider's limited warranty or limitation of liability set forth in this agreement shall for any reason whatsoever be held unenforceable or inapplicable, User agrees that provider's liability shall not exceed $100.00.
• ESS Group's failure to insist upon or enforce strict performance of these Terms and Conditions shall not be construed as a waiver of any provision of rights. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms and Conditions.
• If these Terms and Conditions or any future changes are unacceptable to you, you immediately terminate your use and/or membership. Use of ESS Group System, your continued use of ESS Group System now, or following the posting of notice of any changes in these Terms and Conditions, will constitute a binding acceptance by you of such rules or changes.
• Each User agrees to indemnify and hold ESS Group harmless from any dispute, which may arise from a breach by such User of these Terms and Conditions. User agrees to hold ESS Group harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to User's violation of these Terms and Conditions.
• ESS Group may at any time make modifications, improvements, and/or changes to these Terms and Conditions, of the information, names, images, picture, logo’s, and icons described in this publications or the products and services referred to within, with or without notice.
• Use of ESS Group System by you indicates your acceptance of such terms, conditions and guidelines.