Terms of Service
The Essert.io service, including (without limitation) all websites, mobile applications and other interactive properties through which such services are delivered (collectively, the “Service”) are owned, operated and distributed by Essert Inc., a Delaware corporation (referred to in these Terms of Service as “Essert.io,” “we” and through similar words such as “us,” “our,” etc.).
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Essert.io may facilitate a connection to legal services as described in these Terms of Service. Essert.io does not employ licensed attorneys to provide legal advice as a part of engaged Services. For more information regarding access to legal services, please review the “Legal Services” section below.
VISITORS TO THE WEBSITE AND ACCOUNT CREATION
You can visit the public sections of the Service without identifying yourself or providing personal information. In order to access some features of the Service, you will have to create a login account.
For individuals, registering an account will mean completing the necessary information to have an account through the Service. When creating your login account, you represent and warrant to us that the information you provide is accurate and complete in all respects. All registrations must be made by you, personally. In some circumstances, you may register on behalf of an organization that has multiple employees, owners, contractors, etc. In such circumstances, “you” includes yourself individually and such organization, and you represent and warrant that you are a duly authorized representative of such organization and have the authority to bind such organization to these Terms of Service. Essert.io reserves the right to demand proof of eligibility at any time and to suspend or terminate your account and/or your access to and use of all or any part of the Services if satisfactory evidence of eligibility is not promptly provided. You further certify that any personal information provided of other employees, owners, contractors, etc. is treated consistent with these Terms of Service and our Privacy Notice. Accounts registered by “bots” or other automated methods are not permitted under any circumstances.
You agree that you will be solely responsible for all activity that occurs on your account, whether or not authorized by you. Accordingly, it is extremely important that you engage in activity consistent with all laws and these Terms of Service. Further, you are obligated to keep your password secure and you agree to notify us immediately in the event you become aware of, or suspect, any breach of security or unauthorized use of your account.
We reserve the right, at any time, to change any fees or charges for using the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid prior to the time of the change. You will be responsible for all taxes, levies, duties or similar charges.
You may use the Service only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Service:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- To impersonate or attempt to impersonate Essert.io, an employee of Essert.io, another authorized user, or any other person or entity;
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Essert.io or users of the Service or expose them to liability.
Additionally, you agree not to:
- Use the Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service;
- Use any manual or automated process to monitor or copy any of the material or content on the Service or for any other unauthorized purpose without our prior written consent;
- Use any device, software, or routine that interferes with the proper working of the Service;
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service;
- Decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Service;
- Modify, move, add to, delete, or otherwise tamper with the information contained in the Service;
- Conduct any systematic or automated data collection activities on or in relation to the Service;
- Use the Service for any purposes related to marketing without our express written consent.
THIRD PARTY CONTENT
The Service may contain links to third party content and other third-party websites that are not owned or controlled by Essert.io. Links are provided to online users solely as a convenience and our inclusion of such links does not imply any endorsement of the information by Essert.io. You acknowledge and agree that we have no control over such sites and resources, are not responsible for the availability of such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials on or available from such sites or resources, or any websites that they may link to (collectively, “Third-Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Content.
INTELLECTUAL PROPERTY RIGHTS
Except for Third Party Content, all material included on the Service, including (without limitation) the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Essert.io Content”) are owned by or licensed to us, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. In addition, the compilation and presentation of the Essert.io Content on the Service is subject to copyright owned exclusively by us. Essert.io Content on the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent. We reserve all rights not expressly granted in and to the Service and the Essert.io Content. You agree to not engage in the use, copying, or distribution of any of the Essert.io Content other than expressly permitted herein, including any use, copying, or distribution of public submissions of third parties obtained through the Service for any commercial purposes. If you download or print a copy of the Essert.io Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
When you engage Essert.io for certain services, you may be offered the opportunity to engage with a law firm for legal services. Essert.io does not employ licensed attorneys to provide legal advice or services. Any legal services obtained shall be offered solely by the law firm engaged to provide such legal services, and any law firm engaged is a separate entity from Essert.io and duly licensed to provide legal services.
You are under no obligation to retain the offered law firm for legal services. If you choose to engage the offered law firm for legal services, you will enter into a separate agreement for such legal services that will supersede these Terms of Service for those particular legal services. Essert.io is not authorized to accept or legally bind any law firm with respect to any client or legal services in any manner, and the law firm has the sole right to approve or decline the provision of legal services to any client. The law firm is solely responsible for its interactions with its clients and potential clients, and Essert.io does not direct in any manner how the law firm performs its Services.
Essert.io may provide payment processing services for the law firm. In some circumstances, Essert.io will collect all fees from clients that have an engagement with both Essert.io and the law firm and shall distribute to law firm fees collected from clients per the terms of the clients’ engagements with the law firm. Essert.io only pays the law firm for fees earned based on each client’s separate engagement with the law firm, and Essert.io and the law firm do not share or split fees.
When you engage Essert.io for certain services, you may be offered the opportunity to engage with an insurance agent for insurance services. Essert.io does not employ licensed insurance agents and may not provide insurance advice or services. Any insurance services obtained shall be offered solely by the insurance firm engaged to provide such insurance services, and any insurance agent engaged is a separate entity from Essert.io and duly licensed to provide insurance services.
You are under no obligation to retain the offered insurance agent for insurance services. If you choose to engage the offered insurance agent for insurance services, you will enter into a separate agreement for such services that will supersede these Terms of Service for those particular services. Essert.io is not authorized to accept or legally bind any insurance agency with respect to any client or insurance services in any manner, and the insurance firm has the sole right to approve or decline the provision of insurance services to any customer. The insurance firm is solely responsible for its interactions with its clients and potential clients, and Essert.io does not direct in any manner how the insurance firm performs it’s services.
Essert.io may provide payment processing services for the insurance agency. In some circumstances, Essert.io will collect all fees from clients that have an engagement with both Essert.io and the insurance firm and shall distribute to insurance firm fees collected from clients per the terms of the clients’ engagements with the insurance firm. Essert.io only pays the insurance firm for fees earned based on each client’s separate engagement with the insurance firm, and Essert.io and the insurance firm do not share or split fees.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, AND/OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED SERVICE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO, OR IN ANY WAY BE RESPONSIBLE FOR, MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL WE BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE TOTAL CONTRACTED AMOUNT TO BE PAID TO ESSERT.IO FOR THE SERVICE IN A GIVEN YEAR (EXCLUDING ANY MONETARY VALUATION OF SUBMITTED CONTENT) OR $100, WHICHEVER IS GREATER. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that any information you provided to Essert.io caused damage to a third party; or (v) any action taken by a third party using your account or user ID. This obligation will survive these Terms of Service and your use of the Service.
DIGITAL RIGHTS POLICY
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify us. For your complaint to be valid under the ‘DMCA’ (Digital Millennium Copyright Act of 1998), you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following:
Subject: Digital Copyright Infringement
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is for notifying Pivot It, Inc. that your copyrighted material has been infringed on the Pivot It service. In accordance with the DMCA, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. We may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You agree that the Service shall be deemed a passive service incorporated in California and shall not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal laws of the State of California, without regard to its conflict of laws principles. Any claim or dispute between you and us that arises in whole or in part from the Service or our services shall be subject to the exclusive jurisdiction of the federal and State courts located in California.
These Terms of Service, together with the Privacy Notice and any other legal notices published by us on the Service or in other materials distributed in connection with our services, constitute the entire agreement between you and us concerning the Service and our services. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
To the fullest extent permitted by applicable law, NO CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE OR THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you be instituted more than three (3) years after the cause of action arose.
Most communications between us and you will be sent and received electronically. You agree that all agreements, notices, disclosures and other electronic communication exchanged between you and us shall satisfy any legal requirements that such communications be in writing.
MODIFICATION OF THE TERMS OF SERVICE
We may, at our sole discretion, modify these Terms of Service or the incorporated Privacy Notice at any time. By accessing or using the Service at any time after such modifications, you are agreeing to such modifications. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If a modification is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material modification will be determined at our sole discretion.
These Terms of Service were last modified as of November 21, 2019. In addition, we may modify and/or temporarily or permanently discontinue all or any part of the Service at any time at our sole discretion, with or without notice, and will not be liable for any such action.
If you have any questions about these Terms and Conditions, please contact us at support@Essert.io.