Welcome to the web site (the "Site") for eSignSystems, a division of Wave Systems Corp. ("eSignSystems"). By accessing and/or using the Site, you agree to follow and be bound by the terms and conditions set forth below as well as our Site Privacy Statement (collectively, the "Terms and Conditions"). Please read the Terms and Conditions carefully. If you do not accept the Terms and Conditions, we do not permit your use of and access to our Site. These Terms and Conditions may have changed since the last time you visited our Site. Any breach by you of any of the Terms and Conditions will automatically terminate this agreement and your permission from eSignSystems to access and use the Site and/or the Content (defined below).
The Site and all text, graphics, information and other content displayed on the Site (the "Content") shall only be used by you in connection with your direct personal use of the Site as permitted by these Terms and Conditions. Your use of the Site and/or Content is also subject to the following restrictions and conditions:
- You may not use the Site or the Content for any purpose other than informational.
- You may not send unsolicited commercial email to the email addresses provided on the Site. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
- You may not redistribute, retransmit, republish, copy, duplicate, download or otherwise use or exploit any Content on the Site except for purposes permitted by these Terms and Conditions.
- You may not use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations.
- You may not delete, modify or attempt to change or alter any of the Content on the Site.
- You may not use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties' use of the Site.
- You may not use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine.
- Any information sent to eSignSystems via email is not secure and is sent on a non-confidential basis and will be handled by us in accordance with our Site Privacy Statement.
Disclaimer of Warranties; "AS IS"
THE SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ESIGNSYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. ESIGNSYSTEMS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
Limitation Of Liability
IN NO EVENT SHALL ESIGNSYSTEMS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THE SITE, EVEN IF ESIGNSYSTEMS WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE AND/OR EVEN IF ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Third Party Content
The Site may from time to time display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by eSignSystems, on behalf of or any third party. In addition, eSignSystems, does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. eSignSystems, shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party web sites accessed from the Site or web sites that have links to the Site. Access to third party web sites from the Site is done at your own risk.
You agree to indemnify and hold harmless eSignSystems from and against any and all liability, claims, causes of actions, damages, losses, costs and expenses, including but not limited to, attorneys fees, costs of suit, costs of investigation and costs of enforcement of this provision arising out of your breach of these Terms and Conditions.
Intellectual Property Rights
The Site (including the "look and feel" of the Site) and all Content are the property of eSignSystems, or of third parties as indicated, and is protected by U.S. copyright and international treaties. All product names, names of services, trademarks and service marks ("Marks") are the property of eSignSystems, or the property of their respective owners, as indicated. You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.
In accordance with the Digital Millennium Copyright Act ("DMCA") eSignSystems has designated an agent to receive notifications of alleged copyright infringement associated with the Site. eSignSystems will, upon receiving proper notice as set forth below, use commercially reasonable efforts to remove or disable access to any such material as set forth in the DMCA. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify:
Len Veil, 20400 Stevens Creek Blvd, Suite 450, Cupertino, CA 95014-2305, email@example.com
If material is believed in good faith by eSignSystems to infringe a copyright or otherwise violate any intellectual property rights, eSignSystems will remove or disable access to any such material.
eSignSystems will treat any information we collect from you or which you submit to us in accordance with our Site Privacy Statement.
eSignSystems may modify the Terms and Conditions from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site. The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable.
The failure of eSignSystems to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
These Terms and Conditions are governed by the laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts located within Boston, Massachusetts. You expressly consent to service of process in any such action by registered mail or by any other means provided by law. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.