Welcome to the Internet site of E Source Companies LLC.
2. RESTRICTIONS ON USE OF MATERIALS
The publicly available portion of the E Source Website is only for your private use. You may not use the E Source Website for any public purposes (i.e., to act as a service bureau, content provider, to further distribute free content in significant portions or in whole, or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion).
In the event that you download software or documents from the E Source Website, the materials, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Materials”) are licensed to you by us or third-party licensors for your private use only. We do not transfer title to the Materials to you. You may own the medium on which the Materials reside, but we or our third-party licensors retain full and complete title to the Materials and all intellectual property rights therein. You may not redistribute, sell, auction, decompile, reverse engineer, disassemble, or otherwise reduce the Materials. Materials from the E Source Website are further subject to United States (US) export controls. Without limiting the generality of the foregoing, no Materials from the E Source Website may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Libya, North Korea, Iran, Syria, or any other country to which export is subject to control or licensing by the US; or (b) to anyone on the US Treasury Department’s list of Specially Designated Nationals or the US Commerce Department’s Table of Deny Orders. By downloading or using the Materials, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list or otherwise in violation of export control laws or regulations.
3. REGISTRATION INFORMATION AND SECURITY
If you register, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by our registration processes (the “Registration Data”). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of the E Source Website (or any portion thereof).
You also agree (a) to promptly notify E Source Customer Service of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the E Source Website. In addition, you agree to exit from your account at the end of each session.
We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section.
4. CONTENT LINKED TO THE E Source Website
You should be aware that when you are on the E Source Website, you could be directed to other sites that are beyond our control.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the E Source Website.
THE INFORMATION, CONTENT, AND MATERIALS ON THE E Source Website, INCLUDING WITHOUT LIMITATION “USER POSTINGS” AS DEFINED BELOW, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT, AND MATERIALS ON THE E Source Website (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE E Source Website OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT, AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE E Source Website, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD-PARTY SITES OR SERVICES LINKED TO FROM THE E Source Website IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Certain portions of the E Source Website, for example, E Source community forums, contain postings made by E Source members or members of the public (“USER POSTINGS” ). User Postings are not authored by E Source and must be attributed solely to their respective authors and posters, and not to E Source, regardless of the circumstances. E Source accepts no liability or responsibility as a publisher or re-publisher of User Postings.
We explicitly disclaim any responsibility for the accuracy, completeness, or availability of information, content, and materials found on sites that link to or from the E Source Website. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any business decision.
Some services offered on the E Source Website are subscription-based services. Please refer to the Member Service Agreement and License Agreement for the applicable subscription-based service for specific terms and conditions applicable thereto.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE E Source Website OR CONTENT, MATERIALS, OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE E Source Website OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE E Source Website.
MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NONPERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS.
YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE NOR OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE E Source Website AND ANY WEBSITE, SERVICE, SOFTWARE OR HARDWARE, OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE E Source Website IN AN ACCURATE OR TIMELY MANNER.
9. JURISDICTIONAL AND VENUE ISSUES
Customer Service Department
E Source Companies LLC
1745 38th Street
Boulder, CO 80301
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
12. GENERAL PROVISIONS