Terms of Use

Last Update

This policy was last updated on December 7, 2003.

Welcome to the Esiteworks, Inc. Website.

This page contains proprietary rights, notices and terms of use of this site. By using our site, you are agreeing to comply with and be bound by these Terms and Conditions of Use. Please review the following terms carefully. If you do not agree to these terms, please do not use this Website. Due to the changing nature of the Internet, the World Wide Web, business technology and business models related thereto, Esiteworks, Inc. reserves the right to change these Terms and Conditions of Use at any time. Your use of this Website and any future use of this Website constitutes assent to these Terms and conditions in their form as of the date and time of your use.

Copyright and Trademarks

The content, organization, layout, architecture, graphics, design, compilation, magnetic translation, digital conversion and all other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
All trademarks, service marks, and trade names (referred to as the "marks") on this Web site are proprietary to Esiteworks, Inc. or other respective owners that have granted the Company the right and license to use such marks. These marks may not be used in connection with any product or service other than Esiteworks, Inc. products or services. The marks may not be used in any manner that is likely to cause confusion among customers or potential customers of Esiteworks, Inc. The marks may not be used in any manner that disparages or discredits Esiteworks, Inc. The marks may not be used in any manner not expressly authorized by Esiteworks, Inc.

Copyrights and Copyright Agents

We respect the intellectual property of others, and we ask you to do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on the Site;
  4. Your address, telephone number, and e-mail address;
  5. A 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; and
  6. 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.

Our Copyright Agent for Notice of claims of copyright infringement on the Site should be sent is Anton J. Hopen who can be reached as follows:
    By mail:
      Smith & Hopen, P.A.
      15950 Bay Vista Drive, Suite 220
      Clearwater, FL 33760

    By phone:
      727.507.8558

    By fax:
      727.507.8668

    By e-mail:

For more information about the law of copyright and the Digital Millennium Copyright Act (DMCA), see http://www.loc.gov/copyright/.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

Indemnification

You agree to indemnify, defend and hold Esiteworks, Inc. and our affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents harmless from any liability, loss, claim and expense, including reasonable attorneys' fees, arising directly or indirectly from your breach of this Agreement or your use of the Site.

Disclaimer and Limits of Liability

THE INFORMATION FROM OR THROUGH THE SITE IS PROVIDED "AS IS," "AS AVAILABLE," AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED - INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, PERFORMANCE, QUALITY AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE SITE IS DISCLAIMED. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.
WE ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

Privacy Policy

Our Privacy Policy, as it may change from time to time, is a part of this Agreement.

Links to Other Websites

The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Websites on our Website does not imply approval or endorsement of the linked Website by us. If you decide to leave our Website and access these third-party Websites, you do so at your own risk.

INFORMATION AND PRESS RELEASES

The Website contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

MISCELLANEOUS

This Website (excluding linked sites) is controlled by Esiteworks, Inc. from its offices within the state of Florida, United States of America. By accessing this Website, you agree that the statutes and laws of the state of Florida, without regard to its conflicts of laws principles, will apply to all matters relating to the use of this Website and that any disputes arising hereunder will be decided in the courts of the State of Florida, including the federal courts therein. You expressly submit to the exclusive jurisdiction of said courts, consent to extraterritorial service of process and hereby waive any jurisdictional or venue defenses otherwise available to you. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision

   
Terms and Conditions | Privacy Policy | Hosting Terms | Home
© 2002-2006 Copyright Esiteworks, Inc. All Rights Reserved.
No part of this Web site may be reproduced or transmitted in any form by any means without prior written permission.