eStudySource, Inc. provides its services and Content to you via its web sites
www.estudysource.com and
www.eaudiosource.com (hereafter "Sites"), subject to the following
Terms of Use Agreement. We encourage you to read it carefully.
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.
Our Sites (including but not limited
to text, graphics, images, logos, buttons, icons, software and other materials,
not including the specific downloadable content, hereafter "Content") are the
sole property of ESS, and are protected by U.S. copyright and international
treaties. All Site designs, copy, graphics and logos and certain other names or
logos are service marks or trademarks of eStudySource.com. In addition, the
"look" and "feel" of the Sites (including color combinations, button shapes,
layout, design and all other graphical elements) are also protected by ESS
trademarks, service marks and copyrights. All other product and service marks
contained on the Sites are the trademarks of their respective owners. You agree
to be bound by third party licenses of software or content that is available or
part of the Sites and to abide by the terms of use of any such third party
software or content.
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.
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