Terms
Of Use
Terms Of Use
Please review these terms of use (“Terms”) for
the ESI OnDemand Website (the “Site”). By using the Site, you
agree to the following and are bound by the Terms. If you do
not agree with all of the Terms, you should not use the Site.
In the event of a conflict between these Terms
and the terms of any written agreement or contract between ESI
OnDemand and you or your employer, the written agreement shall
control, except that any information or documents that you
upload, post, transmit, distribute or otherwise publish on or to
the Site shall not be treated as confidential information unless
transmitted to a portion of the Site expressly designated for
that purpose.
Please review these Terms regularly, as they may
change at any time. By using the Site after a change in the
Terms, you agree to follow and be bound by the Terms as changed.
Intellectual Property
Unless otherwise noted, you should assume that
everything you see, hear, or otherwise receive from or on the
Site (the "Content") is copyright, trademark, trade dress or
other intellectual property owned or licensed by ESI OnDemand
and protected under U.S. and international laws and treaties.
Content includes, without limitation, software, images,
graphics, artwork, photographs, trademarks, logos, text,
documents, media, video, audio, sounds, the Site as a whole, and
the selection, coordination and arrangement of Content.
ESI OnDemand and its associated logos are the
trademarks of ESI OnDemand. This is not an exhaustive listing
of ESI OnDemand trademark or service marks. Use of any ESI
OnDemand trademark, service mark, logo or trade dress is
prohibited without prior written permission from ESI OnDemand.
Other trademarks used on the Site are the property of their
respective owners.
Your Use of the Site
You may use or download Content for the purposes
expressly stated for that Content on the Site, or for your
personal noncommercial purposes, provided you keep unchanged all
copyright and other notices with the Content. No other use,
modification, reproduction, display or distribution of any
Content is permitted.
You agree to make only lawful use of the Site,
and to use the Site only in compliance with all federal, state
and local laws and regulations and any contract you or your
employer may have made with ESI OnDemand, including these Terms.
You agree to make no use of the Site that violates anyone else's
rights, including copyright, trademark, trade secret, right of
privacy, right of publicity or other rights.
You agree not to upload, post, transmit,
distribute or otherwise publish on or to the Site any materials
that contain a software virus or other harmful component. You
agree not to publish to the publicly available areas of the Site
any materials that contain advertising or commercial material of
any kind, except as expressly invited by ESI OnDemand. You agree
not to publish to the publicly available areas of the Site any
materials that are false, threatening, libelous, defamatory,
pornographic, obscene or otherwise unlawful. ESI OnDemand is not
responsible or liable for the conduct of any person using the
Site.
ESI OnDemand reserves the right to change,
suspend or discontinue any Site feature, or restrict your access
to certain Site features, at any time without prior notice.
Links
Any links from the Site to third party sites are
provided only as a convenience. Your use of outside links is at
your sole risk. Such links do not mean that ESI OnDemand
endorses any third party, its site, or its goods or services.
ESI OnDemand is not responsible for any outside site, service or
other materials linked to or from the Site, and disclaims all
liability for any injury you may experience by using such
materials. If you have concerns regarding any site linked to or
from the Site, please direct them to the owner or operator of
the site.
You may link to any page on the Site. You may
not create links to the Site that portray ESI OnDemand in a
false or misleading light. You may not use any "framing" or
similar techniques to enclose any portion of the Site.
User Comments and Submissions
To submit comments regarding our Site or
services, please contact us. However, if you are dissatisfied
with the Site, any Content, or any of the Terms, your sole and
exclusive remedy is to stop using the Site.
Disclaimers and Limitations of Liability.
You use the Site at your own risk. To the full
extent allowed by law, ESI OnDemand makes no representations or
warranties of any kind in connection with the site. ESI
OnDemand provides the site, all content, and all information and
services offered through the site “as is”. ESI OnDemand
disclaims all express and implied warranties.
ESI OnDemand will not be liable for any loss,
injury, or damage related to your use of or inability to use the
site even if ESI OnDemand has been advised of the possibility of
such damages.
Some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not
apply to you. ESI OnDemand does not warrant that your use of the
Site, the operation of the Site, or any service offered on or
through the Site, will be uninterrupted or error free, that
defects will be corrected, or that the Site or its server are
free of viruses or other harmful elements. ESI OnDemand makes no
representations regarding the currency, accuracy or reliability
of information on the Site.
Indemnification
You agree to assume full responsibility for any
use of any information, goods or services offered on or through
the Site. You understand and agree that ESI OnDemand will not be
responsible or liable for any claim, loss or damage arising from
the use of any information, goods or services on the Site.
You agree to defend, indemnify and hold harmless
ESI OnDemand and its officers, directors, owners, agents,
employees, affiliates, licensees and licensors from and against
any and all claims, damages, costs and expenses, including
reasonable attorneys' fees, arising from or related to your use
of the Site or your violation of any of the Terms.
Termination
Your failure to comply with the Terms
automatically revokes your authorization to use the Site and
terminates any and all rights granted to you under the Terms.
Your obligations to ESI OnDemand will continue upon termination
of your rights under the Terms, including restrictions regarding
the Content, disclaimers, indemnification obligations and
liability limitations under the Terms. Upon termination of your
rights, you must promptly destroy all Content downloaded or
obtained from this Site, as well as all copies of any Content.
Applicable Law and Dispute Resolution
The Terms will be construed according to the laws
of the State of Texas, U.S., without regard to its conflicts of
laws principles. Any dispute arising under or relating to the
Terms, the Content, the use of the Site, or any services
obtained using this Site, shall be resolved by a court of
competent jurisdiction located in Harris County, Texas. Your use
of the Site constitutes your consent to submit to the
jurisdiction and venue of the state and federal courts located
in Texas. In the event of a dispute hereunder, the prevailing
party shall be entitled to recover its costs and expenses
incurred, including reasonable attorneys' fees.
Miscellaneous
If a court of competent
jurisdiction finds any provision or portion of the Terms to be
void or unenforceable, that provision or portion will be
enforced to the maximum extent permissible to implement the
intent of the Terms, and the remainder of the Terms will remain
in full force and effect. No waiver of any of the Terms shall be
effective unless in writing and signed by both parties. No
waiver of any past or present right arising from any breach or
failure to perform shall be deemed to be a waiver of any future
right arising under the Terms. The Terms are the entire
agreement between you and ESI OnDemand relating to the Site. Any
other agreement between you and ESI OnDemand regarding the
subject matter of the Terms is superseded and has no force or
effect. All rights not expressly granted herein are reserved.
