eSpear's

Terms & Conditions

Terms of Use

Welcome to our website (the “Site”)! This Site, including all of its features and content is owned and operated by eSpear, LLC (“eSpear” or “Company”). All usage of this Site, its contents and the services provided through this Site (“Services”) is subject to these Terms & Conditions (“Terms”). These Terms apply to all users of this Site (“User” or “You”). eSpear may own or operate other websites that are governed by different terms of use. By using this Site, you agree with the provisions of our current Terms posted in this area of the Site.

  1. Site Limited License & Access. As a user of this Site, you are granted a nonexclusive, nontransferable, revocable, limited license to access and use this Site in accordance with these Terms. eSpear may terminate this license at any time for any reason.

    The content on this Site is for your personal use only and not for commercial exploitation. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Site or its content, nor may you use any network monitoring or discovery software to determine the Site architecture or extract information about usage, individual identities or users. You must retain all copyright and other proprietary notices contained on the materials delivered herein. The content of the Site cannot be used, posted, sold, transmitted, distributed, modified or transferred for public or commercial purposes, without the prior written permission of Company. You may not use any robot, spider, other automatic software or device, or manual process to monitor or copy our Site or its content without Company’s prior written permission. You may not use this Site to transmit any false, misleading, fraudulent or illegal communications. You may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Site, except to the extent permitted above. You may not use or otherwise export or re-export this Site or any portion thereof, or the content in violation of the export control laws and regulations of the United States of America. Any unauthorized use of this Site or its content is prohibited.

  2. Electronic Communications. When you visit this Site, submit inquiries or send e-mails to eSpear, you are communicating with us electronically. You consent to receive communications from us electronically. eSpear will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that eSpear provides to you electronically satisfy any legal requirement that such communications be in writing.

  3. Privacy. Your use of this Site is subject to eSpear's Global Privacy Statement.

  4. Third-Party Communications & Websites. As used herein, "Third-Party Communications" means any communications directed to you from any third party directly or indirectly in connection with this Site. Company disclaims all liability for any Third-Party Communications you may receive or any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. eSpear assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communications. Company makes no representations whatsoever about any other websites, which may be accessed through this Site. Any such non-eSpear websites are independent of eSpear and eSpear has no control over the content on such website. In addition, a link to a non-eSpear website does not constitute an endorsement of such website by Company or an acceptance of responsibility by Company for the content, or the use, of such website.

    Third-party content (including, without limitation, Postings) may appear on this Site or may be accessible via links from this Site. eSpear shall not be responsible for, and assumes no liability for, any infringement, mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content contained in any third-party content appearing on this Site.

    You understand that the information and opinions in the third-party content is neither endorsed by nor does it reflect the belief or opinion of eSpear. Further, information and opinions provided by employees and agents of eSpear in interactive areas are not necessarily endorsed by eSpear and do not necessarily represent the beliefs and opinions of eSpear.

  5. Not Legal Advice. Content on this Site is not intended to and does not constitute legal advice and no attorney-client relationship is formed. The accuracy, completeness, adequacy or currency of the content is not warranted or guaranteed. Your use of content on this Site or materials linked from this Site is at your own risk.

  6. Intellectual Property Rights. All content provided on this Site is owned by or licensed to eSpear and protected by United States and international copyright laws. eSpear and its licensors retain all proprietary rights to their content. This content may not be reproduced, transmitted or distributed without the prior written consent of eSpear.

    Except as expressly provided in these Terms, nothing contained herein shall be construed as conferring on you or any third-party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation those related to copyright or other intellectual property rights.

    The trademarks, logos, and service marks (collectively the "Marks") appearing on this Site are registered and unregistered Marks of eSpear and others. Use of this Site and the information contained in no way constitutes the granting by eSpear of any license or right to use any Marks displayed on this Site. You are strictly prohibited from using the Marks displayed on this Site or any other content on this Site, except as provided in these legal notices.

  7. Advertisers. This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on this Site is accurate and complies with all applicable laws. Company will not be responsible for the illegality of or any error or inaccuracy in advertisers' or sponsors' materials or for the acts or omissions of advertisers and sponsors.

  8. Registration. Certain sections of this Site require you to register. If registration is requested, you agree to provide accurate and complete registration information. It is your responsibility to inform Company of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. Company does not permit a) anyone other than you to use the sections requiring registration by using your name or password; or b) access through a single name being made available to multiple users on a network or otherwise. You are responsible for preventing such unauthorized use. If you believe there has been unauthorized use, you must notify Company immediately.

  9. Errors & Corrections. Company does not represent or warrant that this Site or its content or postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible.

    Company does not warrant or represent that the content or postings available on or through this Site will be correct, accurate, timely, or otherwise reliable. Company may make improvements and/or changes to its features, functionality or content or postings at any time.

  10. DISCLAIMER. THIS SITE, INCLUDING ITS CONTENT AND POSTINGS, ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE, ITS CONTENT AND POSTINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) THIRD-PARTY COMMUNICATIONS, (C) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS THEREFROM, (D) THE UNAVAILABILITY OF THIS SITE, ITS CONTENT AND POSTINGS, OR ANY PORTION THEREOF, (E) YOUR USE OF THIS SITE, ITS CONTENT AND POSTINGS, OR (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THIS SITE, ITS CONTENT AND POSTINGS.

    COMPANY ALSO ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM OR RELATED TO ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR THE DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THIS SITE.

  11. LIMITATION OF LIABILITY. COMPANY SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THIS SITE, ITS CONTENT AND POSTINGS, ANY FACTS OR OPINIONS APPEARING ON OR THROUGH ANY OF THE POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE, THE CONTENT, POSTINGS, OR ANY THIRD-PARTY COMMUNICATIONS.

  12. Indemnification. You agree to indemnify, defend and hold Company, its officers, directors, employees, agents, licensors, suppliers and any third-party information providers to this Site harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

  13. Unlawful Activity & Termination of Access. Company reserves the right to investigate complaints or reported violations of our Terms and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information.

  14. Remedies for Violations. Company reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to, the right to block access from a particular internet address to this Site and any other Company websites and their features.

  15. Governing Law & Jurisdiction. These Terms are governed by and construed in accordance with the laws of the State of New York and any action arising out of or relating to these Terms shall be filed only in state or federal courts located in New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

  16. Modifications to Terms. Company reserves the right to change these Terms at any time. Updated versions of the Terms will appear on this Site and are effective immediately. You are responsible for regularly reviewing the Terms. Continued use of this Site after any such changes constitutes your consent to such changes.