I. Introduction
These Terms of Use govern your access and use of the Web sites of ESOP Services Incorporated ®, its affiliates and subsidiaries (as used here "ESOP Services ®" refers to ESOP Services Incorporated, its affiliates and subsidiaries, jointly and severally). All information accessed or viewed is considered confidential and is for only authorized personal or business purposes.
II. Acceptance of Terms
These Web sites are the property of one or more of the member companies and/or affiliates of ESOP Services, Inc. By linking, referencing, using or accessing Web sites of ESOP Services, Inc., you agree to these Terms and Conditions, including agreeing to indemnify and hold harmless ESOP Services, Inc. from all claims of any nature arising from your access and use of these Web sites. These Terms and Conditions may be changed at any time at the sole discretion of ESOP Services, Inc.. These Terms and Conditions pertain to all Web sites of ESOP Services, Inc., including Web sites owned, operated or sponsored by any of the subsidiaries or affiliates of ESOP Services, Inc..
III. Secure Web Sites
By using, accessing or attempting to access Web sites of ESOP Services, Inc. that require the use of Passwords, Personal Identification Numbers (PINs) or any other method of authentication or any combination of authentication methods (these are defined as "secure Web sites"), you are certifying you are the person legally associated with the passwords, PINs or method(s) of authentication being used. Unauthorized access or use or attempts to access or use secure Web sites of ESOP Services, Inc. is prohibited and may violate federal and/or state law. ESOP Services, Inc. may report unauthorized access, use or attempts to access or use to law enforcement.
IV. Products and Services
Products and services are offered through ESOP Services, Inc. and its subsidiaries. Not all products and services described are available in all states of the USA, or elsewhere in the world.
V. Children and ESOP Services, Inc. Web Sites
The Web sites of ESOP Services, Inc. are intended to be used by adults only and are not directed at minors. Children, before sending any information about yourself over the Internet to ESOP Services, Inc., you should ask your parents for permission. Adults, by allowing minors access to the Web sites of ESOP Services, Inc., you agree to accept full liability and responsibility for minors' use, action and access to such Web sites.
VI. Intellectual Property; Link and Logo Licensing
Copyright 2006, ESOP Services, Inc. Materials and intellectual property found on Web sites of ESOP Services, Inc. are protected by copyright and other intellectual property laws and treaties in the United States and worldwide. Trademarks, service marks and logos used on Web sites of ESOP Services, Inc. are registered and unregistered trademarks, subject to the laws of the United States and other countries worldwide. Trademarks, service marks and logos used on these Web sites that have been provided by others are the property of their respective owners. You may not copy, modify, store, transmit, reproduce, or distribute any part of the information or content of or trademarks, service marks or logos used on these Web sites without the specific written consent of ESOP Services, Inc. or their respective owners.
VII. Links to Other Sites - Limitation of Liability
ESOP Services, Inc. may provide, or third parties may provide, for your convenience and information only, links to other World Wide Web sites. Because ESOP Services, Inc. does not have control over these sites, you agree that ESOP Services, Inc. is not responsible for any liability resulting from the access or use of sites not owned by ESOP Services, Inc. and that ESOP Services, Inc. is not responsible for any content, advertising, product, or any other matter or issue, available through the World Wide Web, whether linked to, or from, Web sites of ESOP Services, Inc.. Further, you agree that ESOP Services, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of Web sites ESOP Services, Inc. does not own.
VIII. Third Party Applications - Modification Prohibited
ESOP Services, Inc. may provide you with access to third-party applications and services through its Web sites. You agree not to modify, decompile or reverse engineer any such third party applications, or any code related to such third party applications.
IX. Termination and Blocking
You agree that ESOP Services, Inc. reserves the right to terminate and/or block your use or access of its Web sites for any reason without prior notice to you.
X. Hardware and Software Recommendations
We recommend using a computer with a Pentium 4+, 1.8+ GHz processor, minimum 256+ MB (megabytes) of RAM (Random Access Memory), at least a 56K Internet connection speed and 40 GB hard disk storage, CD-ROM - 48X, Windows 2000 or XP Operating System, Microsoft Office 2000 (or higher). Our browser recommendations are outlined in our browser requirements summary.
XI. Export Control
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export any Material to countries or persons prohibited under the export control laws. By downloading any Material, you are agreeing that you are not in a country where such export is prohibited and that you are not a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Material.
XII. Limitation of Liability
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE WEB SITES OF ESOP SERVICES, INC. AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL ESOP SERVICES, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THE WEB SITES OF ESOP SERVICES, INC. OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF. There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages. Based on this conclusion, the liability of ESOP Services, Inc. is limited to the greatest extent permitted by law.
XIII. Governing Law; Severability
These Terms of Use are governed by the laws of the State of Virginia with jurisdiction and venue being in Albemarle County, Virginia. You agree that your referencing, using or accessing Web sites of ESOP Services, Inc. constitutes your acceptance of the jurisdiction of state or federal courts in Albemarle County, Virginia and that legal action may be brought against, or by, you must be brought in state or federal courts in Albemarle County, Virginia
In the event any of the provisions of these Terms of Use shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not effect the validity of all remaining provisions.
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