About The Information on This Site.
About the Information on this Sites
Information, data, text, graphics, images, sound recordings, audiovisual works and other materials provided by us, its licensors, or by you on the Sites (collectively, the “Content”) may contain technical inaccuracies or typographical errors.
You may not copy, reproduce, republish, upload, post, transmit, distribute, or use for the creation of derivative works any portions of the Sites or Content without our prior written consent.
We may remove, change, or update Content without notice.
We may also make improvements and/or changes to the Sites, Services, Products, and/or the Programs described on the Sites at any time without notice to you.
ESSA Software, LLC assumes no responsibility regarding the accuracy of the Content provided by us and use of such Content is at your own risk.
We provide no assurances that any reported problems may be resolved with the use of any Content that we provide.
We do not want to receive confidential or proprietary Content from you through our Sites.
Please note that any Content sent to us or posted on the Sites will be deemed NOT to be confidential.
By sending Content to us or posting Content on the Sites, you hereby grant us an unrestricted, irrevocable, perpetual, royalty-free, fully paid-up, assignable, and sublicensable right and license to use, reproduce, display, perform, modify, transmit, create derivative works of, distribute, and otherwise exploit such Content, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
The Sites include links to third-party sites.
We have no control over the privacy practices or the content of these sites, including any sites that may include a trademark or logo.
In addition, a link to a non-ESSA Software, LLC site does not mean that we endorses or accepts any responsibility for the content or the use of such site.
It is up to you to take precautions to ensure that whatever site you select for your use is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
Disclaimer, Limitation of Liability, Indemnification
ESSA Software, LLC, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “PARTIES”) HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH REGARD TO THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, OR THE CONTENT INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.
THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND.
YOU AGREE THAT YOU USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, AND CONTENT ENTIRELY AT YOUR OWN RISK.
NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITES OR THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
NONE OF THE PARTIES SHALL BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF THE SITES, THE SERVICES, PRODUCTS, PROGRAMS, OR CONTENT.
IF YOU ARE DISSATISFIED WITH THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES.
IN NO EVENT SHALL ANY OF THE PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM BUSINESS INTERRUPTION) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITES, THE SERVICES, PRODUCTS, PROGRAMS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE LESSER OF (I) ONE HUNDRED DOLLARS, OR (II) THE LOWEST AMOUNT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold the us harmless from and against any and all third party claims, losses, liabilities, and expenses (including attorneys’ fees) arising from:
(i) your use of and access to the Sites, the Services, Products, Programs, and/or the Content;
(iii) your violation of any third party right.
Monitoring of Sites
Although ESSA Software, LLC has no obligation to do so, we explicitly reserves the right to view, monitor, and record activity on the Sites without notice or permission from you.
Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible illegal activity on the Sites.
We will also comply with all court orders as well as all law enforcement and regulatory inquiries involving requests for such information.
We reserves the right, in its sole and absolute discretion for any reason or no reason, to remove or modify any Content, or any other element of the Sites or the Services, without notice or permission from you.
Your use of the Sites and/or the Services may involve the transmission of your Personal Information.
All products and services listed on the Sites either are, or may be, registered trademarks or trademarks of ESSA Software, LLC in the United States and/or other countries.
All other products and services listed on the Sites either are, or may be, registered trademarks or trademarks of their respective owners in the United States and/or other countries.
Salesforce is a registered trademark of Salesforce, Inc. We are unaffiliated with Salesforce, Inc.
You are not permitted to use any trademarks appearing on the Sites without the prior consent of us or the rights holder.
To access certain areas of the Sites, Services, or Content you must create an account associated with a valid e-mail address.
You agree that your account information will always be complete, accurate, and up-to-date.
It is your responsibility to keep your account password or log-in credentials confidential at all times and you are solely responsible to us for all activity that occurs under, via, and/or related to your account.
If you become aware of any unauthorized use of your account or account information, or any other breach of security, you agree to notify us immediately.
We may require that you change your account information or certain parts of your account information at any time for any reason.
Governing Law and Jurisdiction
Notwithstanding anything to the contrary herein, You expressly agree not to use, deploy, export or re-export any (or any portion) of the Sites, Services, Content, Programs, or any ESSA Software, LLC obtained or accessed through the Sites or Services including the Products in or to any country, person, entity or end user subject to U.S. export restrictions.
You specifically agree not to export, re-export, or transfer any (or any portion) of the Sites, Services, Content, Programs, or any software obtained or accessed through the Sites or Services including the Products to any country to which the U.S. has embargoed or restricted the export of goods or services, including without limitation any country listed in U.S.A. Export Administration Regulation Country Group E-1, or to any national of any such country, wherever located, who intends to transmit or transport the products back to such country, or to any person or entity who has been prohibited from participating in U.S. export transactions by any federal agency of the U.S. government.
You warrant and represent that neither the U.S.A. Bureau of Industry and Security, U.S. Department of Commerce, nor any other federal agency has suspended, revoked or denied your export privileges.