Terms of Service
ATTENTION
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. ACCESSING THIS SITE INDICATES THAT YOU AGREE
TO EACH OF THE TERMS AND CONDITIONS SET FORTH HEREIN (TERMS OF USE). IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU
ARE NOT AUTHORIZED TO ACCESS OR USE THIS SITE FOR ANY PURPOSE.
Essembly, LLC, a Massachusetts limited liability company (the Company) operates this Web Site, www.essembly.com (the Site).
The Company reserves the right, in its sole discretion, to modify these Terms of Use at any time without giving you prior notice. Please check these Terms of Use periodically for changes. Your use of the Site following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use your right to use this Site will terminate automatically.
The Site, and all information and/or content that can be seen, heard or otherwise experienced on the Site, including without limitation all reports, text, video, graphics, audio, and other materials (collectively, the 'Content') are protected by U.S. and international copyright, trademark and other laws, and belong to the Company or to third parties.
You may use the Site and the Content solely for your personal or internal use. You may download, print and store portions of the Content that you select for such use. No right, title or interest in any downloaded Content or materials is transferred to you as a result of any such downloading. The Company reserves complete title and full intellectual property rights in any Content you download from the Site. You may not modify, reformat, copy, reproduce, display, distribute, repost, transmit, publish, license, sell, rent, transfer, or create derivative works from any Content or information obtained from the Site, except as expressly permitted by the Terms of Use. You may not mirror or frame the home page or any other pages of the Site on any other web site or web page and may not connect links, including deep links to the Site. You may not use a robot, scraper, or other automated means of accessing the Site. You are prohibited from using any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
THIS SITE IS PROVIDED ON AN 'AS IS, AS AVAILABLE' BASIS. YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE CONTENT AND FOR EVALUATING THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL CONTENT. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT WITH REGARD TO THE SITE, THE SERVICE, AND THE CONTENT.
THE COMPANY DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE AND THE CONTENT ARE PROVIDED WITH ALL FAULTS, ON AN AS IS AND AS AVAILABLE BASIS.
TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE SITE OR THE CONTENT. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (I) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE CONTENT, (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE CONTENT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to use the Site in any manner that might interfere with the rights of the Company or any third party.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless the Company, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, indirect, incidental, consequential, and/or exemplary damages), and reasonable attorneys, fees, resulting from or arising out of your use, misuse, or inability to use the Site or the Content, or any violation by you of these Terms of Use.
a. Enforcement / Choice of Law / Choice of Forum.
Every provision of these Terms of Use will be
construed, to the extent possible, so as to be valid and enforceable. If any provision of these Terms of Use so
construed is held by a court of competent jurisdiction to be invalid, illegal
or otherwise unenforceable, such provision will, to the extent so held, be
deemed severed from these Terms of Use, and all other provisions will remain in
full force and effect. Any and
all disputes relating to these Terms of Use,
the Site, your use thereof, or the Content (collectively, 'Disputes') are
governed by, and will be interpreted in accordance with, the laws of the State
of Massachusetts, without regard to any conflict of laws provisions.
b. Entire Agreement / No Waiver.
These Terms of Use constitute the entire agreement of the parties with respect to the subject
matter hereof. No waiver by the Company
of any breach or default hereunder will be deemed to be a waiver of any
preceding or subsequent breach or default.
c. Correction of Errors and Inaccuracies.
The Content may contain typographical errors
or other errors or inaccuracies and may not be correct or current The Company reserves the right to correct any
errors, inaccuracies or omissions and to change or update the Content at any
time without prior notice. The Company
does not, however, guarantee that any errors, inaccuracies or omissions will be
corrected.
If you have any questions regarding these Terms of Use or wish to obtain additional information, please e-mail support@essembly.com or send a letter via U.S. Mail to:
Essembly, LLC
6 Beacon St., Suite 520
Boston, MA 02108
Date of Last Modification: October 14, 2005
Copyright 2006, Essembly, LLC
All Rights Reserved.