TERMS OF USE
Thank you for visiting www.espring.com. This
Web site (our "Site") is a service made available by the Alticor family of
companies. All content, information, and services provided on and through our
site may be used only under the following terms and conditions.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THE FOLLOWING TERMS
AND CONDITIONS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT
AGREE WITH ANY PART OF THESE TERMS OF USE, YOU MUST NOT USE OUR SITE.
You are granted a limited, nonexclusive, nontransferable license to access the Site
and its content in accordance with these Terms of Use. If you are under 18, you may
use our Site only with the involvement of a parent or guardian. Our Site is hosted
in the United States, but its information and content is generally intended for
global access and use. However, any references on the Site to specific products and
services are applicable only to those available in the U.S., and any product claims
and comparisons to other products made on the Site apply within the U.S. only. If
you access this Site from outside the U.S., you may choose to link to an affiliate
Web site in your select country, where you may receive information concerning product
availability, claims, and comparisons applicable in your jurisdiction (See Links to
Affiliate Web Sites, below). You are responsible for compliance with the laws in your
jurisdiction for any materials that you download or otherwise use from the Site.
We reserve the right to refuse service in our sole discretion and without notice. You
are solely responsible for your use of the Site, and you agree to compensate, hold
harmless, and defend us from any claims, damages, losses, liabilities, costs, and
expenses, including attorneys' fees, resulting from your use or misuse of the Site.
Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene,
indecent, inflammatory, pornographic, or profane material, or any material that could
constitute or encourage conduct that would be considered a criminal offense, give
rise to civil liability, or otherwise violate any law, is strictly prohibited.
No material from our Site may be copied, reproduced, republished, downloaded, posted,
displayed, transmitted, or distributed in any way, except that you may download one
copy of the materials on any single computer for your personal, noncommercial home
use only, provided that (i) you keep intact all copyright and other proprietary
notices, and (ii) you make no modifications to the materials. You may not, without
our prior written permission, frame or mirror any material contained on this Site on
any other server. The unauthorized use of any such material on any other Web site or
computer environment is expressly prohibited. All trademarks, service marks,
trade names, and trade dress are proprietary to us.
Your use of our Site is also subject to the terms of our
Privacy Statement. You acknowledge that
you have read and understand our Privacy Statement, and consent to the use of any
personal information you provide in accordance with the terms of, and for the purpose
set forth in, our Privacy Statement.
Copyright - The Site design, text, content, selection and arrangement
of elements, organization, graphics, compilation, magnetic translation, digital
conversion and other matters related to the Site are protected under applicable
copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site
does not constitute a waiver of any right in such elements. You do not acquire
ownership rights to any such elements viewed through the Site. Except as otherwise
provided herein, none of these elements may be used, copied, reproduced, downloaded,
posted, displayed, transmitted, modified, or distributed in any form or by any means,
including, without limitation, electronic, mechanical, photocopying, recording, or
otherwise, without our prior written permission.
Trademark - eSpring™, the logo, and all product names, company
names, and other logos, unless otherwise noted, are trademarks and/or trade dress of
Alticor Inc., in the United States, or its affiliates or other companies under common
ownership or control (the "Marks"). All other trademarks, product names,
company names, logos, service marks, and/or trade dress mentioned, displayed, cited
or otherwise indicated on the Site are the property of their respective owners. The
use or misuse of any Marks or any other materials contained on the Site, without the
prior written permission of their owner, is expressly prohibited.
OUR SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF
ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT,
AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE
OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS,
ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY,
FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES
PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF
THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES
AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES
PROVIDED ON, OR ACCESSIBLE FROM THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
While we use reasonable efforts to include accurate and current information on our
Site, we do not warrant or represent that the Site will be error-free. Data entry
errors or other technical problems may sometimes result in inaccurate information
being shown for such things as the availability of goods or services. We
reserve the right to correct any inaccuracies or typographical errors on our Site,
and shall have no liability for such errors. We may also make improvements and/or
changes to the Site's features, functionality, or content (including the availability
of goods and services) at any time. If you see any description you believe to be
incorrect, please contact us using the following link Contact Us, and we'll verify
it for you.
Our Site contains links to affiliate Web sites, which allow you to receive specific
information concerning product availability, claims, and comparisons applicable in
your jurisdiction. Affiliates are responsible for, and undertake to review, their
own Web sites for compliance with applicable laws in their respective jurisdictions.
These links are provided solely as a convenience to you. We do not endorse or accept
any responsibility for the content, or accessibility of resources available on, any
affiliate Web site. We suggest that you carefully review the terms of use of each
affiliate site you choose to access from our Site.
We are pleased to hear from our Site users and welcome your comments regarding our
content and services. Other than personally identifiable information, which is
covered under our Site's Privacy Statement, any suggestions, ideas, concepts,
material or other information you submit to, or send via, this Site ("Submissions")
shall become, and shall remain, our exclusive property. We shall have no obligation
of any kind with respect to such Submissions and shall be free to use and disclose
the Submissions to others without limitation.
These Terms of Use are governed by and construed in accordance with the laws of the
State of Michigan, without giving effect to any principles of conflicts of laws.
Any controversy or dispute arising out of your use of our Site shall be submitted,
and you irrevocably consent, to the personal jurisdiction of any state or federal
court located in, or whose district includes, Kent County, Michigan, USA. If any
provision of these Terms of Use is found to be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed removed and shall not affect the
validity and enforceability of any remaining provisions.
We reserve the right, in our sole discretion, to change these Terms of Use at any
time. Updated versions of the Terms of Use will be posted here on our Site and are
effective immediately. The date of the newest version is posted below. Please check
back frequently, especially before you use our Site, to see if these Terms of Use
have changed. Continued use of the Site after any changes to the Terms of Use
constitutes your consent to such changes.
These Terms of Use are effective May 1, 2003.