By using the ESUCP Website you represent and warrant the following:
- You agree to comply with the laws of the United States and all other applicable laws regarding your access to and use of the ESUCP Website.
- You agree not to use the ESUCP Website for illegal purposes.
- You agree not to interfere or disrupt the networks connected to the ESUCP Website.
Disclaimer of Warranties
The information and materials available through the System and the Services are for informational and educational purposes only. You acknowledge and agree that your access and use of the System and Services is at your own risk.
We and/or our third party suppliers or licensors do not represent, warrant or guarantee that the System or the Services are or will be accurate, complete, current, free of technical and typographical errors, valid, secure, reliable, appropriate for any particular use to which you are any third party may choose to put them, that they will be available on an uninterrupted or error-free basis, that defects will be identified or corrected, that the System and Services are free of viruses or other disabling devices or harmful components or that the System and Services will be of good quality. You assume the risk of any and all damage or loss from the use of, or inability to use, the System or the Services. We make no warranty that the System or the Services will meet your requirements. If you are dissatisfied with the System or the Services, your sole remedy is to discontinue using the System or the Services.
The System and the Services are available “as is” and “as available”, without warranties of any kind, either express, implied or according to statute, including, but not limited to, the implied warranties of merchantability, title, fitness for a particular purpose, non-infringement, and any warranties implied by a course of performance, course of dealing, or usage of trade.
We may make changes to the System or Services anytime without notice.
Limitation of Liability
Restrictions on Use
Any use or attempted use of the System and/or the Services (i) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server; (ii) that could interfere with any other party’s use and enjoyment of the System or the Services; (iii) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; (iv) to access systems, data or information not intended by ESUCP to be made accessible to a user; (v) to attempt to obtain any materials or information through any means not intentionally made available by us; or (vi) for any use other than the purpose for which it was intended, is prohibited.
You agree that you will first get our consent before copying anything from the System or the Services or transferring anything from the System or the Services to anyone else.
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SYSTEM OR SERVICES, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SYSTEM AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SYSTEM OR SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER THAT CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT. YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SYSTEM OR SERVICES OR THE INFORMATION CONTAINED IN THE SYSTEM OR SERVICES IN UNSOLICITED MAILINGS OR SPAM MATERIAL OR TO SEND UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.
In addition, in connection with your use of the System and the Services, you agree you will not:
- advertise or solicit any personal or entity to buy or sell any products or services through the System, or use any Content obtained from the System in order to contact, advertise to, solicit, or sell to any person or entity;
- upload or transmit any message, information, data, text, software or images, or other content that is unlawful, immoral, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another’s right of privacy or publicity;
- create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any ESUCP representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
- upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
- use any of the System’s or Services’ communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
- upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
- delete or revise any material posted by any other person or entity;
- probe, scan, test the vulnerability of or breach the authentication measures of, the System or any related networks or systems without the express prior written consent of ESUCP;
- register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any products or services if you are not expressly authorized by such party to do so;
- harvest or otherwise collect information about others, including e-mail addresses;
- attempt to gain any unauthorized access to the System, the Services or any of its associated Content, including computer systems, software, or networks; or
- use any robot, spider, scraper, or other automated or manual means to access the System or the Services, or copy any Content or information thereon.
Ownership of the System and Services and Access License
You understand and agree that ESUCP owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the System and the Services, and all information, text, data, computer code, software, logos, content, photographs, flash animations, video, audio and graphics, and other materials contained therein (collectively, the ‘Content’). For the avoidance of doubt, “Content” does not include any Third Party Materials (as defined below) or any features, opportunities, or services made available through third party websites.
You acknowledge that the System and Services are propriety to ESUCP and are protected by applicable intellectual property and/or other proprietary rights and laws and treaties of the United States and other countries, and that you acquire no ownership interest in the System or the Services by access and using either. All individual articles, columns and other elements making up the System and Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained on the System or the Services.
Accounts, Passwords, and Security
In order to utilize certain Services, you may need to set up an account (including establishing a login ID and password). You shall update your password at regular intervals. You are entirely responsible for maintaining the confidentiality of your account information, including your login ID and password, and for any and all activity that occurs under your account or login ID. You agree to notify ESUCP immediately upon learning of any unauthorized access or use of your account, login ID, or password or any other unauthorized access or breach of security. However, you may be held liable for losses incurred by ESUCP or any other person or entity due to another person using your account, login ID, or password.
If you choose to share your information regarding your account, login ID, or password, you do so at your own risk. If you become aware of any unauthorized access or use of your account, login ID, or password, you must reset your password immediately. You may not use any other user’s account, login ID, or password at any time without the express permission and consent of the holder of that account, login ID, or password. You may not transfer or assign your account.
Links to Other Websites
For your convenience, certain hyperlinks may be provided on the System and Services that link to other websites or social media platforms which are not under the control of ESUCP (the “Linked Websites”). We do not endorse, support, sanction, or verify the Linked Websites and are not responsible for the availability, accuracy, content, or any other aspect of the Linked Websites. ESUCP disclaims all liability for Linked Websites, for all access to and use thereof, and for use of the links to such Linked Websites. We also disclaim all liability, and make no representations or warranties, with respect to any products or services made available, sold, or provided to you by any third party. Your use of Linked Websites and any purchases of products or services from such Linked Websites are subject to the terms and conditions of such other websites. You agree that you will bring no suit or claim against ESUCP arising from or based upon any such use of any Linked Websites. Unless we have otherwise specifically said so, we have no affiliation with any of the organizations mentioned or described on the System and Services. We make no representations or warranties with regard to those organizations.
Disclaimer of Third Party Information
To the extent that any information, material, or functionality on the System and Services is provided by third party content providers (“Third Party Materials”), ESUCP has no editorial control or responsibility over such Third Party Materials. Therefore, any opinions, statements, products, services or other Third Party Materials are those of the applicable third party. ESUCP does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party (including any submissions), or represent or warrant that your use of any Third Party Materials will not infringe rights of third parties not owned by or affiliated with ESUCP.
Governing Law/Jurisdiction/Claims Limitation