Terms of Use - ESP Data Solutions

At ESP DATA SOLUTIONS, INC. (“ESP DATA SOLUTIONS, INC.” or “We”), user privacy is an important concern. We are committed to privacy and security, and to providing the best possible user experience for our users and online customers (“You”). We also strive to protect the personal and confidential information of those who use our online services. Please review our Privacy Policy before using this website.

Please read this agreement (“Agreement”) carefully before accessing or using the ESP DATA SOLUTIONS, INC. Website at www.vinstick.com (the “Site”). By accessing or using the Site, you agree to be bound by this Agreement. ESP DATA SOLUTIONS, INC. provides the information and services on this Site to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.

The information and services offered on the Site are provided with the understanding that neither ESP DATA SOLUTIONS, INC. nor its representatives are engaged in rendering legal services or other such advice. Your use of the Site is subject to the additional disclaimers and notices that may appear throughout the Site.

We are not providing investment advice through this Site, and the material on this Site should not be regarded as an offer to sell, or a solicitation of an offer to buy, any securities of ESP DATA SOLUTIONS, INC., or its affiliates.

ESP DATA SOLUTIONS, INC., and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take based on the information, services, or other material on this Site. While ESP DATA SOLUTIONS, INC. strives to keep the information on this Site accurate, complete, and up-to-date, ESP DATA SOLUTIONS, INC. and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information.

PERSONAL AND NONCOMMERCIAL USE LIMITATION: PROHIBITED USES

ESP DATA SOLUTIONS, INC. grants you access to the Site during the term of this agreement solely to receive the Services. You may access, download print, copy and distribute and modify materials as necessary to receive the Services. You may not license, create derivative works from, frame in another Web page, use on any other Website, or sell any information, databases, or lists obtained from the Site. When requested, you agree to provide true, accurate, and complete user information. You shall not access or attempt to access password-protected, secure or non-public areas of the Website without ESP DATA SOLUTIONS, INC.’s prior written permission. You will comply with all privacy laws.

PROPRIETARY RIGHTS

All materials on this Site (as well as the organization and layout of the Site) are owned and copyrighted, licensed by, or used with permission that is granted to ESP DATA SOLUTIONS, INC. No reproduction, distribution, or transmission of the copyrighted materials at this Site is permitted without the prior written permission of ESP DATA SOLUTIONS, INC.

YOUR ACCOUNT

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If your status as a user of the Site is terminated, you will (i) immediately notify ESP DATA SOLUTIONS, INC., (ii) cease using the Site and any information obtained from the site, and (iii) destroy all copies of your account information, password and any information obtained from the Site.

CONFIDENTIAL INFORMATION

You agree that you will not disclose Confidential Information to any person or entity outside of your organization. You will not use or permit the use of any Confidential Information except as necessary in connection with the Services. You shall use at least the same degree of care in safeguarding the Confidential Information as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care. “Confidential Information” means all information or material which: (i) is the personally identifiable information of a student or alumnus submitted on the Site or (ii) which is (A) marked “Confidential,” “Restricted” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Site, you warrant to ESP DATA SOLUTIONS, INC. that you will not use this Site for any purpose that is unlawful or prohibited by these terms. If you violate any of these terms, your permission to use the Site automatically terminates.

You may not without the prior written permission of ESP DATA SOLUTIONS, INC. use any computer code, data mining software, “robot,” “bot,” “spider,” “scraper” or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site or accessed through this site.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES OFFERED AT THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ESP DATA SOLUTIONS, INC. 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 AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ESP DATA SOLUTIONS, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE SITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES.

LINKS TO THIRD PARTY SITES

This Site may contain hyperlinks to websites operated by parties other than ESP DATA SOLUTIONS, INC., or its affiliates. Such hyperlinks are provided for your reference only. ESP DATA SOLUTIONS, INC. does not control such websites, and is not responsible for their content. Inclusion of hyperlinks by ESP DATA SOLUTIONS, INC. to such websites does not imply any endorsement of the material on such websites or any association with their operators, and your access to and use of such sites, including information, material, products, and services therein, is solely at your own risk. Furthermore, because the ESP DATA SOLUTIONS, INC. privacy policy is applicable only when you are on our Site, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.

USE OF SUBMISSIONS

You grant us the right to use, reproduce, modify, distribute, and display any material you supply or communicate to the Site for the stated purposes of this Agreement and to authorize others to do so.

CHANGES TO SITE

ESP DATA SOLUTIONS, INC. may make improvements or changes in the information, services, products, and other materials on this Site, or terminate this Site at any time. ESP DATA SOLUTIONS, INC. may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.

REFUND POLICY

The products available for purchase on our website are either downloadable, deliverable via email, usable via a web service, fully functional, and try-before-you-buy. Before deciding to license our products we provide either sample code, sample data, and live real-time access (VinLink™) for testing and analysis. Please use these options to make sure that the software and data meet your needs before purchasing a license. None of our software requires registration to enable its primary functionality. If you purchase one of our products, after your payment has cleared you will receive an email with the download information. Once this information is emailed to you, no refunds will be given. All sales will be final. We have this policy since it would be impossible for you to return your registered version of our software or data. During your testing / analysis period, our support staff are available to assist in installation and configuration via email ticket or telephone. We strongly recommend that all customers download, install, and test the trial version of any product prior to making a purchase.

ACCEPTANCE AND REFUND POLICY

It is your responsibility to familiarize yourself with this refund policy. By placing an order for any of our products, you indicate that you have read this refund policy and that you agree with and fully accept the terms of this refund policy. If you do not agree with or fully accept the terms of this refund policy, we ask that you do not place an order with us. Please contact us should you have any questions regarding our refund policy.

MISCELLANEOUS

This Agreement and the resolution of any dispute related to this Agreement or this Site shall be governed by and construed in accordance with the laws of Massachusetts, without giving effect to any principles of conflicts of law. Failure by ESP DATA SOLUTIONS, INC. to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any legal action or proceeding between ESP DATA SOLUTIONS, INC. and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the State of Massachusetts, County of Essex. If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining term. ESP Data Solutions Inc. and other logos, product and service names are trademarks and service marks owned by or licensed to ESP DATA SOLUTIONS, INC., or its affiliates (the “Marks”). Without the prior written permission of ESP DATA SOLUTIONS, INC., or its appropriate affiliates, you agree not to display or use in any manner, the Marks.

All other trademarks are the property of their respective owners.