Terms of Service
Acceptance of the Terms of Service
Eskca (eskca.com) is a website owned by Eskca, LLC. You are invited to submit articles, post comments, signup to receive newsletters, and visit Eskca in accordance with these Terms of Service. These Terms of Service, together with any documents that are expressly incorporate by reference, govern your access to and use of Eskca on all platforms, whether accessed via web browser, mobile device, non-browser application, or e-mail (collectively, the “Site”). “You” and “your” refer to you as the user of the Site. “Eskca”, “we”, “us”, and “our” refer to Eskca, LLC and our successors, partners, affiliates, subsidiaries, and assigns.
Changes to the Terms of Service
Eskca reserves the right to modify these Terms of Service at any time and will publish notifications of material modifications at our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Site thereafter.
By continuing to access the Site after notice of such modifications have been published, you signify your agreement to be bound by them. You are expected to check this page from time to time so that you are aware of any changes, as any changes are binding on you.
Accessing the Site
We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, at our sole discretion without notice. We will not be liable, if for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your Internet connection comply with these Terms of Service.
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Eskca, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service grant you a personal, non-exclusive, non-transferable, revocable license to access and use the Site. You may access the material on the Site only for your own personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as incidental to normal web browsing, such as the making of temporary copies in RAM or the cache of your Internet browser, and for features of the Site that enable sharing via e-mail, social media, linking, and other platforms expressly enabled by the Site. With respect to our mobile applications, you may download a single copy to each of your mobile devices solely for your own personal, non-commercial use, provided you agree to be bound by these Terms of Service.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
- Reverse-engineer or otherwise attempt to steal the software code of the Site
Any use of the Site not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
Linking to the Site
You may link to our homepage or other pages on the Site provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in a way that suggests any form of association, approval, or endorsement on our part. This Site may provide certain social media features that enable you to:
- Link to the Site from your own or third-party website.
- Send e-mails or communications with Site content or links to Site content.
- Cause portions of Site content to display or appear on your own or third-party websites.
You may use these features solely as they are provided by the Site, and solely with respect to the Site content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.
Prohibited Uses of the Site
You may use the Site only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Site:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To send, knowingly receive, upload, download, use, or reuse any material which does not comply with the Content Standards set out in these Terms of Service.
- To transmit, or procure the sending of, any advertising, promotional, or otherwise unsolicited material, including but not limited to any “junk mail”, “chain letters,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate Eskca, an Eskca employee, another user, or any other person or entity (including, without limitation, by using their email addresses or screen names).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm Eskca or users of the Site or expose them to liability.
- To monitor, scrape, index, or otherwise copy any of the material on the Site by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law.
Additionally, you agree not to interfere with or attempt to interfere with the proper working of the Site, including but not limited to:
- Use the Site in a manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site;
- Use any device, software or routine that interferes with the proper working of the Site; introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; or
- Attack the Site via a denial-of-service attack or distributed denial-of-service attack.
Engaging in a prohibited use of the Site may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
The Site may contain features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Contributions”) on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the Site will be considered non-confidential and nonproprietary. By posting any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution.
You represent and warrant that you own or control all rights in and to the User Contributions, including the right license such User Contributions, and that all of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Eskca, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.
Disclosure, Monitoring, and Enforcement Related to User Contributions
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
- Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ESKCA AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards for User Contributions
These Content Standards apply to any and all User Contributions. You are responsible for your own User Contributions, and you agree that, to the best of your knowledge, your User Contributions will be truthful and accurate. Do not make User Contributions that involve the following:
- Securities for sale, barter, or exchange.
- Harassment, defamation, threats, stalking, bullying, or violations of the legal rights of others.
- Illegal activities.
- Impersonation of any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
- Infringement of another’s intellectual property of any type, including, but not limited to, trade secrets, trademarks, and copyrights.
- Obscene, vulgar, bigoted, hateful, or racially offensive language or images.
- Commercial advertising.
- Gambling, contests, chain letters, “pyramid schemes,” or “multi-level marketing” schemes.
- Violations of any applicable local, state, national, or international law in connection with your use of the Site, including securities laws and regulations.
- Personally attacking the author of a post or other users.
Furthermore, you agree that, if a third party claims that any User Contribution you have contributed to the Site is unlawful, you will bear the full burden of establishing that the User Contribution complies with all applicable laws.
How to Report Violations
If you believe that any content on the Site violates the Terms of Service, please notify the Site by sending an email to us. The Site does not guarantee that any action will be taken as a result of your e-mail.
Do Not Rely on Information Posted
The content of the Site is offered for general information, discussion, and entertainment purposes only. Some of the content is unmoderated and reflects the personal opinions users. You should be skeptical about any information on the Site because the information may be offensive, harmful, and/or incorrect. Neither the content of the Site, nor the links to other websites contained therein, are routinely moderated, screened, approved, reviewed, or endorsed by Eskca or any affiliated person or entity.
We do not warrant the accuracy, completeness, or usefulness of the information on the Site. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
This Site may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Eskca, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Eskca. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Age and User Contribution Removal
Eskca allows minors under the age of 18 years old to access, or become Registered Users of, the Site. Notwithstanding this, if you are a minor under the age of 18 years old and a Registered User you may request removal of your User Contributions posted on the Site. To request removal of a User Contribution, you must notify us via email. When you contact Eskca to request removal of a User Contribution, we require you to authenticate your status as a Registered User and to identify the particular User Contribution to be removed by providing the (1) URL to the User Contribution, (2) the date and time at which the User Contribution was posted, and (3) the contents of the User Contribution. If you do not properly notify us, authenticate your status as a Registered User, or properly identify the particular User Contribution to be removed, Eskca is not required to remove your User Contribution and removal will be in our sole discretion.
Removal of User Contributions from the Site does not ensure complete or comprehensive removal of your User Contributions from the Site. Eskca, in our sole discretion, may retain your User Contributions on our servers in some form. However, removal will render your User Contribution invisible to other users of the Site. We may, in our sole discretion, decide to anonymize your User Contribution such that you cannot be individually identified, rather than remove the User Contribution. In the event your User Contribution is anonymized, it will remain visible to other users of the Site.
Eskca is not responsible for the removal of User Contributions that are cached, copied, or reposted by third parties. Likewise, to the extent that any provision of federal or state law requires us to maintain certain User Contributions, we will not remove the User Contribution from the Site.
Disclaimer and Limitation on Liability
The Site and any information, products, or services therein are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Eskca hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Eskca does not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of the Site or information obtained from or through the Site is at your own risk.
In no event will Eskca, its affiliates or their licensors, service providers, employees, agents, officers, or directors be liable for any loss or damages, under any legal theory, arising out of or in connection with your use, or inability to use, the Site, any websites linked to the Site, any content on the Site or such other websites or any services obtained through the Site or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Neither Eskca nor the Site is an intermediary, broker/dealer, investment advisor, or exchange, and neither provides services as such.
Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Eskca may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
You agree to indemnify, defend and hold harmless Eskca, its officers, directors, employees, sale reps, suppliers, and affiliates, from and against any claims, losses, damages, fines and expenses (including attorney’s fees and costs) arising out of or relating to any claims that you have used the Services in violation of another party’s rights, in violation of any law, in violations of any provisions of the Terms, or any other claim related to your use of the Services, except where such use is authorized by Eskca.
Waiver and Severability
No waiver of by us of any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between you and Eskca with respect to the subject matter herein and supersedes any and all prior or contemporaneous oral or written agreements.
END OF TERMS OF SERVICE
If you have any questions regarding this agreement, please contact us.