TERMS OF USE
Last updated February 01, 2021
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Espresso Displays Pty Ltd (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://espres.so website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwiseindicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, andgraphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and variousother intellectual property rights and unfair competition laws of the UnitedStates, international copyright laws, and international conventions. The Content and the Marks are provided on theSite “AS IS” for your information and personal use only. Except as expressly provided in these Termsof Use, no part of
the Site and no Content or Marks may be copied, reproduced,aggregated,republished, uploaded, posted, publicly displayed, encoded,translated,transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercialpurpose whatsoever, without our express prior writtenpermission.
Provided that youare eligible to use the Site, you are granted a limited license toaccess anduse the Site and to download or print a copy of any portion of theContent towhich you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to theSite, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration informationyou submitwill be true, accurate, current, and complete; (2) you will maintain theaccuracy of such information and promptly update such registration information asnecessary; (3) you have the legal capacity and you agree to comply with theseTerms of Use; (4) you are not aminor in the jurisdiction in which you reside, or if aminor, you havereceived parental permission to use the Site; (5) you will notaccess the Sitethrough automated or non-human means, whether through a bot,script orotherwise; (6) you will not use the Site for any illegal or unauthorizedpurpose; and (7) your use of the Sitewill not violate any applicable law orregulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,we have the right to suspend or terminate your account and refuse any and allcurrent or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. Wereserve the right to remove, reclaim, or change a username you select if wedetermine, in our sole discretion, that such username is inappropriate, obscene, orotherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features,specifications, and details of the products available on the Site. However, we donot guarantee that the colors, features, specifications, and details of the productswill be accurate, complete, reliable, current, or free of other errors, and yourelectronic display may not accurately reflect the actual colors and details of theproducts. All products are subject to availability,and we cannot guarantee thatitems will be in stock. We reserve the right todiscontinue any products at any timefor any reason. Prices for all productsare subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– Afterpay
– Sezzle
– Laybuy
You agree to provide current, complete, and accurate purchase and accountinformation for all purchases made via the Site. You further agree to promptlyupdate account and payment information, including email address, paymentmethod, and payment card expiration date, so that we can complete yourtransactions and contact you as needed. Sales tax will be added to the price ofpurchases as deemed required by us. We may change prices at any time. Allpayments shall be in AUD, USD, EUR, GB, CAD.
You agree to pay all charges at the prices then in effect for your purchases andany applicable shipping fees, and you authorize us to charge your chosenpayment provider for any such amounts upon placing your order. We reserve theright to correctany errors or mistakes in pricing, even if we have alreadyrequested orreceived payment.
We reserve theright to refuse any order placed through the Site. We may, in oursole discretion, limit orcancel quantities purchased per person, per household, orper order. These restrictions may include orders placedby or under the samecustomer account, the same payment method, and/or ordersthat use the samebilling or shipping address. We reserve the right to limit or prohibit orders that, inour solejudgment, appear to be placed by dealers, resellers, or distributors.
RETURN/REFUNDS POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which wemake the Site available. The Site may not be used in connection with anycommercial endeavors except those that are specifically endorsed or approved byus.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create orcompile, directly or indirectly, a collection, compilation, database, or directorywithout written permission from us.
2. Make any unauthorized use of the Site, including collecting usernamesand/or email addresses of users by electronic or other means for the purposeof sending unsolicited email, or creating user accounts by automated means orunder false pretenses.
3. Use a buying agent or purchasing agent to make purchases on the Site.
4. Use the Site in a manner inconsistent with any applicable laws orregulations.
5. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
6. Except as may be the result of standard search engine or Internet browserusage, use, launch, develop, or distribute any automated system, includingwithout limitation, any spider, robot, cheat utility, scraper, or offline reader thataccesses the Site, or using or launching any unauthorized script or othersoftware.
7. Upload or transmit (or attempt to upload or to transmit) any material thatacts as a passive or active information collection or transmission mechanism,including without limitation, clear graphics interchange formats (“gifs”), 1×1pixels, web bugs, cookies, or other similar devices (sometimes referred to as“spyware” or “passive collection mechanisms” or “pcms”).
8. Upload or transmit (or attempt to upload or to transmit) viruses, Trojanhorses, or other material, including excessive use of capital letters andspamming (continuous posting of repetitive text), that interferes with any party’suninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,alters, or interferes with the use, features, functions, operation, or maintenanceof the Site.
9. Copy or adapt the Site’s software, including but not limited to Flash, PHP,HTML, JavaScript, or other code.
10. Harass, annoy, intimidate, or threaten any of our employees or agentsengaged in providing any portion of the Site to you.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to bypass any measures of the Site designed to prevent or restrictaccess to the Site, or any portion of the Site.
13. Decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.
14. Use the Site as part of any effort to compete with us or otherwise use theSite and/or the Content for any revenue-generating endeavor or commercialenterprise.
15. Use any information obtained from the Site in order to harass, abuse, orharm another person.
16. Sell or otherwise transfer your profile.
17. Attempt to impersonate another user or person or use the username ofanother user.
18. Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar datagathering and extraction tools.
19. Interfere with, disrupt, or create an undue burden on the Site or thenetworks or services connected to the Site.
20. Make improper use of our support services or submit false reports ofabuse or misconduct.
21. Trick, defraud, or mislead us and other users, especially in any attempt tolearn sensitive account information such as user passwords.
22. Engage in unauthorized framing of or linking to the Site.
23. Circumvent, disable, or otherwise interfere with security-related features ofthe Site, including features that prevent or restrict the use or copying of anyContent or enforce limitations on the use of the Site and/or the Contentcontained therein.
24. Use the Site to advertise or offer to sell goods and services.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, messageboards, online forums, and other functionality, and may provide you with theopportunity to create, submit, post, display, transmit, perform, publish, distribute, orbroadcast content and materials to us or on the Site, including but not limited totext, writings, video, audio, photographs, graphics, comments, suggestions, orpersonal information or other material (collectively, “Contributions”). Contributionsmay be viewable by other users of the Site and the Marketplace Offerings andthrough third-party websites. As such, any Contributions you transmit may betreated as non-confidential and non-proprietary. When you create or makeavailable any Contributions, you thereby represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, andthe accessing, downloading, or copying of your Contributions do not and willnot infringe the proprietary rights, including but not limited to the copyright,patent, trademark, trade secret, or moral rights of any third party.2. You are the creator and owner of or have the necessary licenses, rights,consents, releases, and permissions to use and to authorize us, the Site, andother users of the Site to use your Contributions in any manner contemplatedby the Site and these Terms of Use.3. You have the written consent, release, and/or permission of each and everyidentifiable individual person in your Contributions to use the name or likenessof each and every such identifiable individual person to enable inclusion anduse of your Contributions in any manner contemplated by the Site and theseTerms of Use.4. Your Contributions are not false, inaccurate, or misleading.5. Your Contributions are not unsolicited or unauthorized advertising,promotional materials, pyramid schemes, chain letters, spam, mass mailings,or other forms of solicitation.6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,harassing, libelous, slanderous, or otherwise objectionable (as determined byus).7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuseanyone.8. Your Contributions are not used to harass or threaten (in the legal sense ofthose terms) any other person and to promote violence against a specificperson or class of people.9. Your Contributions do not violate any applicable law, regulation, or rule.10. Your Contributions do not violate the privacy or publicity rights of any thirdparty.11. Your Contributions do not contain any material that solicits personalinformation from anyone under the age of 18 or exploits people under the ageof 18 in a sexual or violent manner.12. Your Contributions do not violate any applicable law concerning childpornography, or otherwise intended to protect the health or well-being ofminors;13. Your Contributions do not include any offensive comments that areconnected to race, national origin, gender, sexual preference, or physicalhandicap
14. Your Contributions do not otherwise violate, or link to material that violates,any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoingviolates these Terms of Use and may result in, among other things, termination orsuspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributionsaccessible to the Site by linking your account from the Site to any of your socialnetworking accounts, you automatically grant, and you represent and warrant thatyou have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license tohost, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,archive, store, cache, publicly perform, publicly display, reformat, translate,transmit, excerpt (in whole or in part), and distribute such Contributions (including,without limitation, your image and voice) for any purpose, commercial, advertising,or otherwise, and to prepare derivative works of, or incorporate into other works,such Contributions, and grant and authorize sublicenses of the foregoing. The useand distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchisename, as applicable, and any of the trademarks, service marks, trade names,logos, and personal and commercial images you provide. You waive all moralrights in your Contributions, and you warrant that moral rights have not otherwisebeen asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownershipof all of your Contributions and any intellectual property rights or other proprietaryrights associated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. Youare solely responsible for your Contributions to the Site and you expressly agreeto exonerate us from any and all responsibility and to refrain from any legal actionagainst us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, orotherwise change any Contributions; (2) to re-categorize any Contributions toplace them in more appropriate locations on the Site; and (3) to pre-screen ordelete any Contributions at any time and for any reason, without notice. We haveno obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting areview, you must comply with the following criteria: (1) you should have firsthandexperience with the person/entity being reviewed; (2) your reviews should notcontain offensive profanity, or abusive, racist, offensive, or hate language; (3) yourreviews should not contain discriminatory references based on religion, race,gender, national origin, age, marital status, sexual orientation, or disability; (4) yourreviews should not contain references to illegal activity; (5) you should not beaffiliated with competitors if posting negative reviews; (6) you should not make anyconclusions as to the legality of conduct; (7) you may not post any false ormisleading statements; and (8) you may not organize a campaign encouragingothers to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We haveabsolutely no obligation to screen reviews or to delete reviews, even if anyoneconsiders reviews objectionable or inaccurate. Reviews are not endorsed by us,and do not necessarily represent our opinions or the views of any of our affiliatesor partners. We do not assume liability for any review or for any claims, liabilities,or losses resulting from any review. By posting a review, you hereby grant to us aperpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, andsublicensable right and license to reproduce, modify, translate, transmit by anymeans, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with onlineaccounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login informationthrough the Site; or (2) allowing us to access your Third-Party Account, as ispermitted under the applicable terms and conditions that govern your use of eachThird-Party Account. You represent and warrant that you are entitled to discloseyour Third-Party Account login information to us and/or grant us access to yourThird-Party Account, without breach by you of any of the terms and conditions thatgovern your use of the applicable Third-Party Account, and without obligating us topay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to anyThird-Party Accounts, you understand that (1) we may access, make available,and store (if applicable) any content that you have provided to and stored in yourThird-Party Account (the “Social Network Content”) so that it is available on andthrough the Site via your account, including without limitation any friend lists and(2) we may submit to and receive from your Third-Party Account additionalinformation to the extent you are notified when you link your account with theThird-Party Account. Depending on the Third-Party Accounts you choose andsubject to the privacy settings that you have set in such Third-Party Accounts,personally identifiable information that you post to your Third-Party Accounts maybe available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to suchThird-Party Account is terminated by the third-party service provider, then SocialNetwork Content may no longer be available on and through the Site. You willhave the ability to disable the connection between your account on the Site andyour Third-Party Accounts at any time. PLEASE NOTE THAT YOURRELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERSASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELYBY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.We make no effort to review any Social Network Content for any purpose,including but not limited to, for accuracy, legality, or non-infringement, and we arenot responsible for any Social Network Content. You acknowledge and agree thatwe may access your email address book associated with a Third-Party Accountand your contacts list stored on your mobile device or tablet computer solely forpurposes of identifying and informing you of those contacts who have alsoregistered to use the Site. You can deactivate the connection between the Site andyour Third-Party Account by contacting us using the contact information below orthrough your account settings (if applicable). We will attempt to delete anyinformation stored on our servers that was obtained through such Third-PartyAccount, except the username and profile picture that become associated withyour account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas,feedback, or other information regarding the Site or the Marketplace Offerings(“Submissions”) provided by you to us are non-confidential and shall become oursole property. We shall own exclusive rights, including all intellectual propertyrights, and shall be entitled to the unrestricted use and dissemination of theseSubmissions for any lawful purpose, commercial or otherwise, withoutacknowledgment or compensation to you. You hereby waive all moral rights to anysuch Submissions, and you hereby warrant that any such Submissions are originalwith you or that you have the right to submit such Submissions. You agree thereshall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations ofthese Terms of Use; (2) take appropriate legal action against anyone who, in oursole discretion, violates the law or these Terms of Use, including without limitation,reporting such user to law enforcement authorities; (3) in our sole discretion andwithout limitation, refuse, restrict access to, limit the availability of, or disable (tothe extent technologically feasible) any of your Contributions or any portionthereof; (4) in our sole discretion and without limitation, notice, or liability, toremove from the Site or otherwise disable all files and content that are excessivein size or are in any way burdensome to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and property and to facilitatethe proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our PrivacyPolicy: https://espres.so/privacy-policy/. By using the Site or the MarketplaceOfferings, you agree to be bound by our Privacy Policy, which is incorporated intothese Terms of Use. Please be advised the Site and the Marketplace Offerings arehosted in Australia. If you access the Site or the Marketplace Offerings from anyother region of the world with laws or other requirements governing personal datacollection, use, or disclosure that differ from applicable laws in Australia, thenthrough your continued use of the Site, you are transferring your data to Australia,and you expressly consent to have your data transferred to and processed inAustralia.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that anymaterial available on or through the Site infringes upon any copyright you own orcontrol, please immediately notify us using the contact information provided below(a “Notification”). A copy of your Notification will be sent to the person who postedor stored the material addressed in the Notification. Please be advised thatpursuant to applicable law you may be held liable for damages if you makematerial misrepresentations in a Notification. Thus, if you are not sure that materiallocated on or linked to by the Site infringes your copyright, you should considerfirst contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site.WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WERESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUTNOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THEMARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IPADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,INCLUDING WITHOUT LIMITATION FOR BREACH OF ANYREPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESETERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAYTERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THEMARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANYCONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUTWARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowedname, or the name of any third party, even if you may be acting on behalf of thethird party. In addition to terminating or suspending your account, we reserve theright to take appropriate legal action, including without limitation pursuing civil,criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at anytime or for any reason at our sole discretion without notice. However, we have noobligation to update any information on our Site. We also reserve the right tomodify or discontinue all or part of the Marketplace Offerings without notice at anytime. We will not be liable to you or any third party for any modification, pricechange, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at alltimes. We may experience hardware, software, or other problems or need toperform maintenance related to the Site, resulting in interruptions, delays, orerrors. We reserve the right to change, revise, update, suspend, discontinue, orotherwise modify the Site or the Marketplace Offerings at any time or for anyreason without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use theSite or the Marketplace Offerings during any downtime or discontinuance of theSite or the Marketplace Offerings. Nothing in these Terms of Use will be construedto obligate us to maintain and support the Site or the Marketplace Offerings or tosupply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These terms shall be governed by and defined following the laws of Australia.Espresso Displays Pty Ltd and yourself irrevocably consent that the courts ofAustralia shall have exclusive jurisdiction to resolve any dispute which may arise inconnection with these terms.
DISPUTE RESOLUTION
You agree to irrevocably submit all disputes related to Terms or the relationshipestablished by this Agreement to the jurisdiction of the Australia courts. EspressoDisplays Pty Ltd shall also maintain the right to bring proceedings as to thesubstance of the matter in the courts of the country where you reside or, if theseTerms are entered into in the course of your trade or profession, the state of yourprincipal place of business.
CORRECTIONS
There may be information on the Site that contains typographical errors,inaccuracies, or omissions that may relate to the Marketplace Offerings, includingdescriptions, pricing, availability, and various other information. We reserve theright to correct any errors, inaccuracies, or omissions and to change or update theinformation on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLERISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALLWARRANTIES, EXPRESS ORIMPLIED, IN CONNECTION WITH THE SITE ANDYOUR USE THEREOF, INCLUDING, WITHOUTLIMITATION, THE IMPLIEDWARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ORREPRESENTATIONS ABOUTTHE ACCURACY OR COMPLETENESS OF THESITE’S CONTENT OR THE CONTENT OF ANYWEBSITES LINKED TO THISSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITYFOR ANY(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,(2)PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATUREWHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OF THESITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/ORFINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION ORCESSATION OF TRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS,VIRUSES, TROJAN HORSES, OR THE LIKE WHICHMAY BE TRANSMITTEDTO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANYLOSS OR DAMAGE OFANY KIND INCURRED AS A RESULT OF THE USE OFANY CONTENT POSTED, TRANSMITTED, OROTHERWISE MADE AVAILABLEVIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,ORASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISEDOR OFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKEDWEBSITE, OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANYBANNER OR OTHER ADVERTISING, AND WE WILL NOT BE APARTY TO ORIN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTIONBETWEEN YOUAND ANY THIRD-PARTY PROVIDERS OF PRODUCTS ORSERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICETHROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOUSHOULD USEYOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVEDAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OROTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WEHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You agree todefend, indemnify, and hold us harmless, including our subsidiaries,affiliates, and all of our respective officers, agents, partners, andemployees, fromand against any loss, damage, liability, claim, or demand, includingreasonableattorneys’ fees and expenses, made by any third party due to orarising out of: (1)your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) anybreach of your representations and warranties set forth in these Terms of Use; (5)your violation of the rights of a third party, including but not limited to intellectualproperty rights; or (6) any overt harmful act toward any other user of the Site withwhom you connected via the Site. Notwithstanding the foregoing, we reserve theright, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify us, and you agree to cooperate, at yourexpense, with our defense of such claims. We will use reasonable efforts to notifyyou of any such claim, action, or proceeding which is subject to thisindemnification upon becoming aware of it.
USER DATA
We will maintaincertain data that you transmit to the Site for the purpose ofmanaging theperformance of the Site, as well as data relating to your use of theSite. Although we perform regular routine backupsof data, you are solelyresponsible for all data that you transmit or thatrelates to any activity you haveundertaken using the Site. You agreethat we shall have no liability to you for anyloss or corruption of any suchdata, and you hereby waive any right of actionagainst us arising from any suchloss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS,AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constituteelectronic communications. You consent to receive electronic communications,and you agree that all agreements, notices, disclosures, and othercommunications we provide to you electronically, via email and on the Site, satisfyany legal requirement that such communication be in writing. YOU HEREBYAGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OFNOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED ORCOMPLETED BY US OR VIA THE SITE. You hereby waive any rights orrequirements under any statutes, regulations, rules, ordinances, or other laws inany jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means otherthan electronic means.
CALIFORNIA USERSAND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact theComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment of Consumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Siteor in respect to the Site constitute the entire agreement and understandingbetween you and us. Our failure to exercise or enforce any right or provision ofthese Terms of Use shall not operate as a waiver of such right or provision. TheseTerms of Use operate to the fullest extent permissible by law. We may assign anyor all of our rights and obligations to others at any time. We shall not beresponsible or liable for any loss, damage, delay, or failure to act caused by anycause beyond our reasonable control. If any provision or part of a provision ofthese Terms of Use is determined to be unlawful, void, or unenforceable, thatprovision or part of the provision is deemed severable from these Terms of Useand does not affect the validity and enforceability of any remaining provisions.There is no joint venture, partnership, employment or agency relationship createdbetween you and us as a result of these Terms of Use or use of the Site. Youagree that these Terms of Use will not be construed against us by virtue of havingdrafted them. You hereby waive any and all defenses you may have based on theelectronic form of these Terms of Use and the lack of signing by the parties heretoto execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
Espresso Displays Pty Ltd
Tower One
Barangaroo, New South Wales 2000
Australia
support@espres.so