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Esqogito welcome you to the Esqogito website which is hosted by or for Esqogito. The Esqogito Site includes areas such as Esqogito Community, which includes forums where users who have registered for a Esqogito Account (as described below) may transmit or post communications, participate in training, discussion forums, document and information sharing, beta program and other issues of interest to users of Esqogito products and services, as well as user groups that are specific to certain communities of Esqogito users that facilitates the development and distribution of applications, tools, utilities and other solutions for Esqogito’s proprietary software product.
Esqogito will not be liable to you or any third-party for any claims or actions arising or resulting from your use, visit, or participation in the Esqogito Site and for any modification, suspension, or termination of the Esqogito Site, or termination of your access to your Esqogito Account.
3. Registration and Eligibility
Esqogito does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register a Esqogito Account or use the Esqogito Site. If you are under 13, please do not attempt to register for a Esqogito Account or send any information about yourself to Esqogito, including your name, address, telephone number, or email address, and you are not authorized to use the Esqogito Site. In the event Esqogito learns that it has collected personal information from a child under age 13 without verification of parental consent, Esqogito will delete that information as quickly as possible.
You must abide by the following rules of conduct:
a. Do not engage in any unlawful conduct in the Esqogito Site. In particular, do not post, publish, or distribute any defamatory, obscene, infringing or other unlawful material or information in the Esqogito Site.
b. Treat others in the Esqogito Site as you would expect them to treat you. Do not engage in personal attacks or any type of “flaming” of other users. Do not “troll”, i.e. post topics or opinions that are designed to provoke a negative response from one or more specific users.
c. Do not use offensive language. If you have any doubts about whether a particular statement might be considered offensive by other users, do not post it.
d. Do not engage in disruptive activity in the Esqogito Site, such as persistent off-topic contributions or comments, or statements that might incite other users to violate these guidelines or participate in illegal activities.
e. Do not contribute content that contains photos, software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or have rights to these materials.
f. Do not post any instructions, software or other materials that would allow participants or third parties to harm other users’ computers or to inappropriately access software or websites.
g. Do not post any computer programs that contain destructive features, such as viruses, worms or Trojan horses. Do not employ any type of bots for the use of scrolling, showing multiple screens, or other activities that might disrupt online communication.
h. Do not falsely impersonate any other person in the forum, including Esqogito employees or agents.
i. Do not use the Esqogito Site to spam other users, including sending identical and irrelevant submissions to many different discussion groups, mailing lists or communities.
j. Do not misrepresent the source of anything you contribute.
k. While you may use certain aspects of the Esqogito Site as designated by Esqogito, to provide supplemental information about your own business that might be of interest to other users (without spamming them), you shall not distribute or otherwise publish any content containing a solicitation of funds, promotion, or advertisement. You agree not to solicit other users of the Esqogito Site to use or join or become members of any other commercial online or offline service or other organization.
l. You are responsible and liable for all your activities while participating in the Esqogito Site, including anything you contribute.
m. Do not rely on the Esqogito Site for the safe and secure storage of any materials. The Esqogito Site is not designed as the primary place to store any of these materials, and Esqogito is not responsible for the alteration, deletion or loss of any stored items. Create back-ups for any materials that you contribute to the Esqogito Site.
o. Some participants may post Internet website links to other websites in the Esqogito Site. Esqogito is not responsible for the content on through the websites associated with these links. In addition, Esqogito must remind you that some content and links on the Internet contain adult content that is not suitable for children and may be offensive to some users.
p. You are responsible for any actions you may take based on information or advice you receive through the Esqogito Site. Use your own good judgment when evaluating information provided through the Esqogito Site or any other communication service. The decision to share information or conduct transactions with anyone is your own; therefore conduct your own research prior to making any decisions.
q. Information exchanged in the Esqogito Site is not confidential.
r. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Esqogito Site.
6. Contributions Ownership, Rights and Liability
Esqogito does not claim ownership of any Contributions that you or other users post, upload, submit or otherwise provide to the Esqogito Site. By providing Contributions to the Esqogito Site, you grant to Esqogito and each Esqogito Site user under all intellectual, industrial and proprietary rights a perpetual, worldwide, non-exclusive, sublicenseable, transferable, no-charge, royalty-free, irrevocable license to use, reproduce, modify, distribute, display, perform and otherwise fully exploit such Contributions for any and all purposes.
You acknowledge and agree that all Contributions are provided on a non-confidential basis notwithstanding any designation or notation of confidentiality. Esqogito is under no obligation to and does not control the Contributions created, provided or uploaded to the Esqogito Site. The nature of some Contributions may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Esqogito reserves the right to take down and remove Contributions that are flagged by users or deemed by Esqogito as objectionable. However Esqogito is under no duty to monitor, take down or remove any Contributions.
7. Third Party Web Sites, Content, Products and Services
The Esqogito Site may contain links to web sites and access to Contributions, content (including opinions, advice, statements and advertisements), products and services from third parties (collectively “Third Party Content”). These links are available through the Esqogito Site merely as a convenience, for informational purposes and the inclusion of such links does not constitute or imply any endorsement or recommendation. You agree that Esqogito is not responsible for the availability of, any such Third Party Content. You should refer to the policies posted by other web sites regarding privacy and other topics before you use them. You understand that you bear all risks associated with the access to and use of such Third Party Content . You agree that Esqogito is not responsible for: (a) the quality of third party products or services; and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that Esqogito is not responsible for any loss or damage of any sort you may incur from dealing with any third party.
ESQOGITO HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. THE ESQOGITO SITE AND ALL ESQOGITO SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESQOGITO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Esqogito AND ITS SUPPLIERS MAKES NO WARRANTY THAT THE ESQOGITO SITE, CUSTOMER COMMUNITIES OR ESQOGITO SITE CONTENT WILL MEET YOUR REQUIREMENTS, THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ESQOGITO SITE, CUSTOMER COMMUNITIES OR ANY ESQOGITO SITE CONTENT WILL BE ACCURATE, COMPLETE OR RELIABLE; OR THE QUALITY OF ANY ESQOGITO SITE CONTENT PURCHASED OR OBTAINED BY YOU THROUGH THE ESQOGITO SITE WILL MEET YOUR EXPECTATIONS.
ANY ESQOGITO SITE CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Esqogito SITE IS DONE AT YOUR OWN DISCRETION AND RISK. ESQOGITO AND ITS SUPPLIERS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF CONTRIBUTIONS AND OTHER SERVICES.
9. Limitation of Liability
IN NO EVENT SHALL ESQOGITO OR ANY OF ITS SUPPLIERS, PARTNERS OR AFFILIATES BE LIABLE FOR ANY DAMAGES INCURRED BY YOU OR ANY THIRD PARTY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM (A)YOUR ACCESS TO OR USE OF OR INABILITY TO USE THE ESQOGITO SITE OR ANY ESQOGITO SITE CONTENT OR CUSTOMER COMMUNITIES; (B) YOUR RELIANCE UPON ANY OF THE Esqogito SITE CONTENT, (C) ESQOGITO’S TERMINATION OR SUSPENSION OF YOUR ACCESS TO ALL OR ANY PART OF THE ESQOGITO SITE, (D) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (E) FOR ANY MATTER BEYOND THE CONTROL OF ESQOGITO. WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ESQOGITO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ESQOGITO’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE ESQOGITO SITE OR YOUR USE OF CONTRIBUTIONS, AND OTHER ACCOUNT SERVICES, REGARDLESS OR THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OR WARRANTY OR OTHERWISE), WILL NOT EXCEED THE GREATER OF ONE DOLLAR ($1) AND THE AMOUNTS PAID BY YOU TO ESQOGITO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO ANY CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT THAT ANY ESQOGITO PARTY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE OF DURATION OF SUCH WARRANTY AND THE EXTENT OF THE ESQOGITO’S PARTY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
12. Export Restrictions/Legal Compliance
13. Forward-looking and Cautionary Statements
Except for historical information and discussions, statements set forth throughout this web site may constitute forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995 or other applicable laws. These statements involve a number of risks, uncertainties, and other factors that could cause actual results to differ materially, as discussed in the company’s filings with the U.S. Securities and Exchange Commission. See the “SEC filings” tab under “Investor relations” on this website for copies of such filings.
14. Applicable Law; Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to the conflict of laws provisions thereof other than New York General Obligations Law Section 5-1401. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York City using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys’ fees. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Southern District of New York.
15. Copyright Policy/Digital Millennium Copyright Act
You may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner of such materials. Esqogito may terminate an account, deny access to a site or service, or terminate any user who is alleged to have infringed the copyright or proprietary rights of another.
Without limiting the foregoing, if you believe that your copyright or other rights have been infringed, please provide our Designated Agent written notice with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest
A description of the copyrighted work or other work that you claim has been infringed
A description of where the material that you claim is infringing is located on our sites, networks or other repositories
Your address, telephone number, and email address
A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
If the disputed materials were posted by a third party identifiable through reasonable efforts, Esqogito will provide reasonable notice to the third party of the charge. If the third party responds with a valid counter-notification, Esqogito will provide you with a copy so that you may take any other steps you may consider appropriate.
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