Oct 18 2022 8:59am - Estimated Read Time: _________________ min
These Terms govern all the use of this Website, including all its subdomains, and other sites owned and operated by the Website, and any other related agreement or legal relationship with the Owner, in a legally binding way.
All defined words are capitalized and described at end of this document.
ESICREXE, LLC
_________ADDRESS____________
______CONTACT_EMAIL_________
Any updates to the Terms will be posted to this page. The Owner has the sole right at any time, and without prior notice, to revise these Terms. It is the User's responsibility to review this policy and any modifications.
Visitors may create a User account, providing all information requested is complete and truthful. Visitors may use some services without registering, but at the expense of all the performance analysis and other features.
By completing registration, all Users acknowledge and accept to maintain and update true, accurate, current and complete information about yourself, as prompted by the registration procedure. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, email, password, or other account information, or another person's name, likeness, image, or photograph. All Users acknowledge and agree to immediately and unambiguously notify the Owner (see the contact details provided in this document) of any unauthorized use of their privacy to their personal information, such as username, email, password, or other personal account information or breach of security involving or relating to this Website.
By registering, Users are responsible for all activities occurring under their username, email, and password. Users themselves are responsible for keeping their login credentials confidential and safe. Users are also responsible for logging out of their sessions.
By registering, using, and accessing this Website and its Service, you agree to these Terms, the Privacy Policy, other policies, and all applicable laws and regulations. For any related services or applications with additional terms and conditions, privacy statements, or other policies, then those separate terms shall apply in any connection with your use of this Website and its Service.
To request removal of your entire account, please contact us (see the contact details provided in this document), with the subject heading, "REMOVE ACCOUNT".
The Owner reserves the sole discretion to suspend or terminate a User's account which is determined to be inappropriate, offense, or a violation of these terms.
Unless specifically stated, all Content available across this Website, including but not limited to, the text, images, videos, logos, illustrations, descriptions, scripts, data, and other material on the Website, as well as the selection, assembly, and arrangement of, is owned or provided by the Owner or its licensors.
The Website may change, delete, or update the Content at any time. The Content may contain errors, omissions, or may be out of date. The Content is provided for informational and educational purposes, and is not binding on the Website.
The utmost effort is set forth to insure that the Content does not infringe any legal provisions or third-party rights, however, it may not always be possible to achieve such a result. In such cases, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
The Owner holds and reserves all intellectual property rights for any Content on this Website. Users may not use Content in a way that isn't implicit in the proper use of the Service.
In particular, but not limited to, Users may not copy, download, share (beyond the limits explicitly stated here), edit, modify, translate, transform, publish, transmit, sell or resell, distribute or redistribute, license, sublicense, transfer/assign to third parties, or create derivative works, now known or hereafter developed, from the Content on or transmitted through this Website, in whole or in part, whether or not for profit, nor allow any third party to do so through the User or their device, even without the User's knowledge.
Only where explicitly stated may the user download, copy, and/or share some of the Content through this Website for sole personal, non-commercial use, and provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.
The Owner allows Users to upload, share, or provide their own content to this Website. By doing so, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
When posting content to this Website, Users acknowledge and accept to comply to all applicable laws and regulations, and that it is not composed of and does not contain viruses, malicious code, solicitations, anything harmful, or any form of spam. By submitting User content, you agree to defend, indemnify, and hold the Owner harmless for all claims resulting from User content you supply.
The Owner is not responsible for, and does not endorse the opinions, information, advice, or recommendations in User content and specifically disclaims all liability in connection therewith.
User content is non-confidential, non-proprietary, and may be used by the Website and its Service, its vendors, or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of being permitted to submit User content, you grant the Owner, any affiliates, and any sublicensees, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, republish and distribute User content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works, or incorporate into other works, based on User content, with or without attribution.
Users acknowledge and accept that in providing their own content to this Website, they grant the Owner an irrevocable, perpetual, license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit, or otherwise exploit such content to provide and promote its Service in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Website.
Users acknowledge and accept that the Owner moderates such content in a preventative manner. The Owner reserves the right to modify, review, delete, and refuse to post User content for any reason.
The Owner reserves the right to refuse, censor, remove, delete, block, or rectify such content at its own discretion and to deny access to this Website to the User without prior notice, if it considers such content to infringe any applicable legal provision or third party right, or to otherwise represent a risk for Users, third parties, the Owner, and/or the availability of the Service.
The removal, deletion, blocking, or rectification of such content shall not entitle the User to any claims for compensation, damages, or reimbursement.
Users agree to hold the Owner harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Website.
Users are solely liable for the content that they upload, post, share, or provide through this Website. By using this Website, Users agree not to submit any User content that is (a) defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) bigoted, hateful, or racially or otherwise offensive; (c) violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) content that may otherwise harm or can reasonably be expected to harm any person or entity; (e) illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) content which infringes or violates any right of a third party; (g) commercial, business-related or advertises or offers to sell any products, services, or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by the Website; (h) content containing a virus or other harmful component, or otherwise tampers with, impairs, or damages the Website or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Website; (i) disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing.
Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and it therefore not responsible for their content and availability.
This Website and the Service may only be used under these terms and applicable law.
Users are solely responsible for making sure that their use of this Website and/or Service does not violate any applicable law, regulations, or third-party rights.
Therefore, the Owner reserves the right to take appropriate measure to protect its interests, including denying Users access to the Website or Service, terminating contracts, and reporting any misconduct to authorities, if such engagements (1) violate laws, regulations, and/or these Terms, (2) infringe any third-party rights, (3) impair the Owner's legitimate interests, or (4) offend the Owner or any third party.
e.g., after 14 days, User can't withdraw.
____________________TODO__________________
e.g. for any money back, if unsatisfied.
____________________TODO__________________
This Website is provided strictly on an "as is" and "as available" basis. This Website makes no warranties of any kind, either express or implied, including without limitation implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security, or accuracy. Users are solely responsible for the use of the Service, including but not limited to, damage to your computer or loss of data.
The Website does not warrant or represent that your access to or use of the Website or any linked site will be uninterrupted or free of errors or omissions, that defects will be corrected, or that the Website or any linked site is free of computer viruses or other harmful components. Without
The Owner or Website shall not be liable to you or any other person or entity for direct, indirect, incidental, special or consequential damages, including lost profits, personal injury (including death), and property damage of any nature whatsoever. In no event should the total liability exceed the amount paid by the User, or $____________________.__ (whichever is less).
To the maximum extent permitted by applicable law, the User agrees to hold harmless and indemnify the Service/Website, the Owner, and any respective affiliates, licensors, officers, licensors, co-branders, or other partners and employees, from and against any third-party claim arising from or in any way relating to the User's use of this Website, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgements, litigation costs, and attorneys' fees, of every kind and nature.
By using the Website, you agree that all disputes, claims, or causes of action arising from or related to your use of the Website will be resolved through binding arbitration in ____COUNTY_____, _____STATE_____ in accordance with the rules of the American Arbitration Association. __________More needed__________________
(This) Website: The property that enables the provision of the Service.
Content: The content which the Website provides.
Service: The service provided by this Website as described in these Terms and on this Website.
Owner (or We): The person(s) or legal entity that provides this Website and/or the Service to Users.
Visitor: Any person or legal entity using this Website, that has never registered an account or contract for this Website or its Service.
User: Any person or legal entity, with a valid account, that is using or had used this Website.
Terms: All provisions applicable to the use of this Website and/or the Service as described in this document, including any other related documents or agreements.