THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" OR "USER") AND ESTUDYSOURCE, INC. (HEREAFTER "ESS.") THAT CONTAINS THE MATERIAL TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE ESS SITES, SERVICES, AND CONTENT. THIS AGREEMENT, TOGETHER WITH ALL UPDATES, FAQ/HELP INSTRUCTIONS, SUPPLEMENTS, ADDITIONAL TERMS, SOFTWARE LICENSES, PROMOTIONAL OFFERS, AND ALL OF ESS' POLICIES COLLECTIVELY CONSTITUTE THIS "AGREEMENT" BETWEEN YOU AND ESS. BY ACCESSING THE SITES AND USING THE ESS SOFTWARE, SERVICES OR CONTENT, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT.
By using the Sites and purchasing digital text and audio resources from Sites (hereafter "Content"), users agree to honor and protect the copyright of the Sites and Content by using them for personal use only and not distributing the Content other parties or attempting to open them without purchasing the required unlocking keys from ESS. Unauthorized use of the Sites and/or unauthorized distribution of the Content or downloading software (hereafter "Software") is a violation of International copyright laws, and violators will be liable to the fullest extent of the law.
The Content is licensed by ESS from third parties, such as publishers, for sale and distribution via the Sites, and ESS makes no warranty or claim regarding the content or usability of the resources. ESS may choose to maintain records of customer purchases at ESS sites, and allow customers to access their accounts using their account access information. ESS may allow customers to redownload their resources from their accounts, subject to the terms and limits of the individual agreements ESS has with the publishers of the content. ESS makes no promise or warranty that customers will have perpetual access to their accounts or to download links for their purchased resources.
ESS may solicit or receive user generated Content from users or other third parties for use on its sites, newsletters, or other media such as contests or other promotions. Such Content may include reviews, tips, stories, and other content. Any such user generated Content submitted to ESS becomes the exclusive property of ESS, and the user grants to ESS any and all rights to edit, abridge, publish, distribute, quote, or otherwise use the content as needed without any compensation other than as described (if any) with each promotion. Subject to the terms of each promotion, ESS will give attribution of user generated content, including the user's name and location. User warrants that any he/she is the sole author of the Content, and that User has the right to grant ownership to ESS as described herein.
The Sites and their Services are intended solely for individuals that are purchasing products or services available on the site. ESS authorizes you, after purchase thereof, to view and download the software and Content from the Sites solely for your personal, noncommercial use. A replacement download of Content due to incomplete or defective downloads is permissible only as described in the FAQ/Help section of the sites. You agree to abide by the copy protections as may be assigned to the Content and its particular digital format and related Digital Rights Management (DRM) as assigned by the publisher. Unauthorized use of the software or Content may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the software or Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. Additionally attempting to decipher, recompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site or service is expressly prohibited. You may install the Content you have purchased on a secondary computer or device IF IT IS FOR YOUR PERSONAL USE ONLY. If the Content is used by another party, an additional purchase of the Content is required for the secondary computer or device. You may not share your purchased content, or unlocking keys, or your personal account access with any other party.
As one of the conditions of your use of the Sites and Services, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Sites for any purpose or in any manner that is prohibited by this Agreement or by applicable law. It is your responsibility to ensure that your use of the Sites complies with this Agreement. By using our Sites and purchasing Content, you agree to download and install ESS download manager software to your computer as directed during the purchase and download process, and to use it as directed for downloading purchased Content.
Users are prohibited from violating or attempting to violate the security of the Sites, including, without limitation: accessing data not intended for such user or logging into a server or account which the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Sites, overloading, "flooding", "mail bombing" or "crashing"; sending unsolicited e-mail, including promotions and/or advertising of products or services; forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Users are prohibited from sharing their account access information, Content unlocking keys, or any related information with any other party that would enable another party to access confidential customer information on the Sites or to access, distribute, download, or unlock purchased Content.
Use of any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or any activity being conducted on the Sites, or taking any action which imposes an unreasonable or disproportionately large load on the Sites' infrastructure is expressly prohibited.
Violations of these Security Rules may result in civil or criminal liability. ESS will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You are responsible for maintaining the confidentiality of your information, username and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ESS of any unauthorized use of your registration, information, username or password.
By using the Sites, Software, and Services you agree to defend, indemnify and hold harmless ESS from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from this Agreement, your breach of this Agreement, your conduct or your use of the Sites and Services.
You further agree to release ESS from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with this Agreement.
IN NO EVENT SHALL ESS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA OR RECORDS, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, SITES AND THE CONTENT AND/OR ANY ESS DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ESS WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, DAMAGES THAT MAY HAVE BEEN CAUSED BY A VIRUS OR OTHER DATA CORRUPTION PROBLEM RESULTING FROM ACCESS TO, DOWNLOADING FROM OR USE OF THE SITES. IN NO EVENT SHALL ESS HAVE ANY LIABILITY WHATSOEVER ARISING OUT OF ANY MISUSE OF PASSWORDS OR ESS ACCOUNTS, OR ARISING OUT OF ITS GOOD FAITH REMOVAL OR DISABLING OF ANY ESS CONTENT. ESS IS NOT RESPONSIBLE FOR ANY CLAIMS INVOLVING THE TIMELINESS, ACCURACY, COMPLETENESS, OR RELIABILITY OF THE CONTENT YOU DOWNLOAD OR OTHERWISE ACCESS FROM OR THROUGH THE SITES.
ESS MAINTAINS THE EXCLUSIVE RIGHT, SUBJECT TO ITS AGREEMENTS WITH THE COPYRIGHT HOLDERS OF THE CONTENT, TO ADD OR REMOVE CONTENT OR LINKS TO CONTENT FROM ITS SITES, IN ITS SOLE DISCRETION, INCLUDING LIMITING OR REMOVING ACCESS BY ITS USERS TO PURCHASED CONTENT. USERS ARE RESPONSIBLE TO DOWNLOAD THEIR PURCHASED CONTENT IMMEDIATELY AFTER PURCHASE, AND ESS MAKES NO CLAIM OR PROMISE THAT THE CONTENT WILL CONTINUE TO BE AVAILABLE FOR DOWNLOADING THEREAFTER.
WITH RESPECT TO ANY CAUSE OF ACTION BROUGHT UNDER ANY THEORY, INCLUDING BUT NOT LIMITED TO TORT AND CONTRACT, IN NO EVENT SHALL ESS OR ANY OF ITS SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, ARISING IN CONNECTION WITH OR RELATED TO USE OR INABILITY TO USE ESS ACCOUNT(S), ESS SOFTWARE, ESS CONTENT, OR THE ESS SITES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN ESS' MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE CONTENT OR SERVICES PROVIDED HEREUNDER.
By entering into this Agreement you acknowledge that ESS is simply providing Content for a fee, and that it makes limited warranties relating to the Content.
Furthermore, nothing on the Sites shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their web site, products, Except as expressly provided herein, ESS software and Content is provided "AS IS" and "AS AVAILABLE". The software and Content is only warranted as stated below:
ESS warrants that the media in which the Content is provided will be free from material defects on delivery. If you find a defect in ESS Content, your sole remedy (provided you meet the registration, technical and payment requirements for use of the Sites) is to contact us and ESS will reasonably assist you with you on proper downloading procedures and hardware requirements. If, thereafter, you are still unable to download a working copy of ESS Content, you may attempt at a later time to download a new copy of the ESS Content.
ESS warrants that the Content that you purchase directly from ESS will be of a quality suitable for use with the Software is was intended to be use with, or for human listening, if obtained pursuant to ESS instructions and if you are using equipment that is in good operating condition and meets the system requirements and if it was obtained using ESS software as directed by ESS. In the event the ESS Content is incomplete or not as warranted above, ESS will provide you with replacement Content or a credit or refund on your ESS account for the defective material, as determined by ESS in its sole discretion, if you advise ESS via our Contact page of the defect within seven (7) days of first downloading the Content. You will be asked to document the defect. The foregoing warranties do not cover defects caused by viruses, disabling codes, accident, mishandling, misuse, improper installation, service or maintenance, modification of ESS Software or ESS Content or the media on which the ESS Software and ESS Content are furnished, or the user's lack of the necessary hardware/software.
THE EXPRESS WARRANTIES STATED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NON-INFRINGEMENT.
ESS DOES NOT WARRANT THAT ITS SITE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITES OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ESS IS NOT RESPONSIBLE FOR THOSE COSTS.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITES AND THE INTERNET IN GENERAL. THE SITES AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ESS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
ESS makes no claims that the Content of its Sites is appropriate or legal to be viewed by certain persons or in certain countries. If you access the Sites or Services from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Partial Validity: If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Equitable Relief: You understand and agree that due to the nature of this Agreement, in addition to money damages, ESS will be entitled to equitable relief upon a breach of this Agreement by you.
Governing Law: This Agreement is governed by the laws of the State of Tennessee without respect to its conflict of laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts in Davidson County, Tennessee.
Entire Agreement: Except as expressly provided in a particular Legal Notice, Software License or other notices or Content published on the Site, these terms represent the entire binding Agreement between us, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding eStudySource.com, the Site, or Services.
Digital Admissibility: You hereby agree that a printed version of this Agreement and of any other notice given in electronic form by ESS or in the Sites, which is based upon or relating to this Agreement, shall be admissible in judicial or administrative proceedings and subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.
ESS reserves the right to adjust its policies at any time without notice.