ESPOD Website Terms of Use
Acceptance of Terms of Use
By accessing this website, you acknowledge that you have read, understand and accept the terms and conditions of use described below. If you do not understand or accept these terms and conditions of use which you are required to abide by, you should immediately exit this website.
Copyright Notice and Limited Authorization
Everything on this website is copyrighted. The copyrights are owned by ESPOD and/or its subsidiaries (“ESPOD Materials”) or a third party original creator (“Third Party”) of the material (“Third Party Materials”). You are free to view, copy and print the ESPOD Material found on this website as long as:
- The ESPOD Material is used by you for information purposes only and not further distributed except as provided below;
- You intend to use the ESPOD Materials for non-commercial purposes only; and
- Copies of the ESPOD Material include the ESPOD copyright notice.
Unless otherwise authorized by ESPOD or you have a license or authorization directly granted by the Third Party, you are not authorized to copy and/or print the Third Party Materials that are copyrighted materials provided at this website.
ESPOD Materials found on this website as long as:
- The ESPOD Material is used for information purposes only and distribution is limited to your internal organization;
- The ESPOD Material will be used for non-commercial purposes only;
- The ESPOD Material includes the ESPOD copyright notice; and
- The ESPOD Material is not identified as ESPOD confidential or proprietary information.
All other rights and/or uses require ESPODt’s written consent. Requests for additional rights and/or uses should be sent to the ESPOD Copyright Agent identified below.
Business partners, customers, suppliers, associates of ESPOD and other Third Parties that, in cooperation with ESPOD, publish their own proprietary material on this website retain full legal and copyright ownership of their respective material.
Legal Notices and Privacy Statement
Legal Notices and the ESPOD Global Privacy and Data Protection Statement, accessed through the links below, are an integral part of these Terms of Use that you are deemed to have acknowledged that you have read, understood and accepted by accessing the ESPOD websites.
Third Party Copyrights and the Copy Right Agent
ESPOD is committed to respecting the intellectual property ownership rights of others, and we require that the users of and visitors to our websites do the same. ESPOD may, in its sole discretion, terminate the accounts or access rights of users or visitors who violate the intellectual property ownership rights of ESPOD and others.
If you have good reasons to believe that materials in which you have intellectual property ownership rights have been copied in a way that constitutes a copyright infringement on our websites, please provide the following information to the ESPOD Copyright Agent:
- An electronic or hard copy signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you have good reason to believe has been infringed;
- A description as to where the copyrighted materials you believe is infringing is located on our website;
- Your address, telephone number, and email address so that we may contact you;
- A certified statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice to us is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
ESPOD’s Copyright Agent for notice of Claims of copyright infringement on our website or for requests for additional us of materials can be reached at:
ESPOD
General Trademark Counsel
Trademarks
ESPOD Technologies,ESPOD and the ESPOD logos are trademarks of ESPOD. All other trademarks are the property of their respective owners.
Use of Product Catalog
The product catalog found at this website is for informational or planning purposes only, and is not intended to create, modify or supplement any ESPOD specifications or warranties relating to the products or services found in the catalog. Information and/or technical specifications supplied within this catalog do not waive (directly or indirectly) any rights or licenses – including, but not limited to, patents or other protective rights of ESPOD or others.
Governing Agreement for Software Downloaded
Software content downloaded from this website shall be considered “Software” as defined in the governing general agreement between you and ESPOD (“Agreement”). Software and related documentation (together “Licensed Materials”) shall be subject to those terms and conditions specific to Software, including but not limited to all right-to-use (“RTU”) licensing provisions associated with the use of Licensed Materials under such Agreement.
Warranty Disclaimer
While ESPOD attempts to provide accurate information on this website, it assumes no responsibility for inaccuracy. ESPOD may change the information and/or materials available at this website, or the products and services mentioned, at anytime and without prior notice. Information may include technical inaccuracies or typographical errors. ESPOD does not warrant that the electronic functions contained in or on this website will be uninterrupted or error free, that defects will be corrected, of that this website, or the server that makes it available, are free of viruses or bugs or represents full functionality, accuracy or reliability of the information available through this website.
Information and/or materials on this website are provided “AS IS” and does not constitute a warranty of any kind, either expressed or implied. ESPOD disclaims all warranties, expressed or implied, which includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. Except where prohibited by law, this disclaimer also includes any expressed or implied warranties arising from any course of dealing, usage, or trade practice.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining means for the reconstruction of lost data.
Limitation of Liability
Neither ESPOD nor any of its affiliates, subsidiaries, parent or sister companies, or their respective directors, employees or other representatives, will be liable for any direct, indirect, special, incidental, punitive and/or consequential damages arising out of the use, or the inability to use, the information and/or materials on this website. This limitation of liability includes, but is not limited to, loss of data, loss of revenues, loss of savings, loss of business, loss of reputation, loss of profits and/or any economic loss in connection with the furnishing, performance, or use or inability to use this website or reliance on the information and/or materials contained in this website; even if ESPOD is advised of the possibility of such damages.
Termination of Use
ESPOD may, at its option, terminate, without notice and with or without cause, any person or entity’s access to the website, especially upon any breach of this Terms of Use, and without prejudice to ESPOD’s right to make a claim of compensation for damages.
Links
Although this website may contain links to third party sites, ESPOD is not responsible for the content of any such third party linked sites. ESPOD provides these third party links as a convenience and does not endorse the companies or contents of any such linked sites.
Product Availability
The availability of the products and services described on this website, and the descriptions of such products and services, may vary from country to country. Consult with your ESPOD sales representative for specific product and/or service information.
Posting and Submitting of Information
You are prohibited from posting or transmitting any unlawful, threatening, obscene, libelous, or otherwise offensive materials on or through this website.
Any material, information or idea submitted or posted on this website by you will be considered non-confidential and non-proprietary. ESPOD may share or otherwise use your submission for any purpose whatsoever without your consent. If any of the materials or information submitted constitutes personal data, you agree that ESPOD may transmit such personal data across international boundaries for any ESPOD business purpose. Personal data will be treated as set forth in the Privacy Statement, as provided in the link below.
Export Laws
The Export Control laws of the United States and other countries in which ESPOD conducts business prohibit the export and/or re-export of certain technical data and software to certain countries and/or territories. No content from this website may be downloaded or otherwise transmitted in violation of the applicable countries Export Control laws.
Jurisdiction and Choice of Laws
These Terms of use and all claims or issues regarding this website shall be governed according to the laws of the United States, to the exclusion of its conflict of law provisions. The application of the United Nations Convention on Contracts for the International sale of Goods of April 11, 1980, shall be excluded.
Dispute Resolution
Except as otherwise provided in other policies on this website (such as the Privacy Statement), any dispute or difference arising out of or concerning these Terms of Use or this website, which dispute or difference cannot be settled amicably, shall be resolved definitely and exclusively by arbitration under the Rules of Arbitration of the International Chamber of Commerce by three (3) arbitrators appointed in accordance with the said Rules, unless the parties agree on the name of a single arbitrator.
The place of the arbitration shall be NY, USA. All documentary submissions, presentations, and proceedings shall be in the English language.
The arbitral award shall be substantiated in writing. The decision of the arbitral tribunal shall be final and binding, and judgment upon the arbitral award may be entered in any court having jurisdiction thereof. The arbitral tribunal shall assign the costs of the arbitration.
Modification of Terms of Use
These Terms of Use were last updated on March 20, 2009.
ESPOD reserves the right to change these Terms of Use at any time without prior written notification. Notwithstanding the aforementioned, any new Terms of Use will only apply to users upon acceptance thereof on their initial login and for previous users, upon such user’s first subsequent login after such modifications.