PLEASE NOTE THE ARBITRATION PROVISION SET FORTH BELOW, WHICH MAY REQUIRE YOU TO ARBITRATE ANY CLAIMS YOU MAY HAVE AGAINST EASTONE ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED OR REPRESENTATIVE CAPACITY.
Eastone reserves the right, at any time, to modify, alter, update, or remove portions of these Terms. We will post any changes to these Terms on this page so you can readily review the most current version. We will alert you that changes have been made by indicating on the bottom of this page the date it was last updated. Your continued use of this Site constitutes your agreement to these Terms and any updates.
2. Reservation of Rights
All information, software, artwork, text, video, audio, pictures, logos, and other content on the Site, including all associated intellectual property rights, are the property of Eastone, its affiliates, and/or their licensors, and are protected by copyright and other intellectual property laws, or are included based on principles of "fair use." Eastone retains all rights with respect to the Site.
3. User Conduct
As a condition to your use of the Site, you agree not to: (i) Use the Site in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site; (ii) Seek to obtain access to any materials or information through "hacking" or through any other means that we have not intentionally made available to you through the Site; (iii) Submit material that is intentionally false, defamatory, unlawfully threatening, illegal, or unlawfully harassing; (iv) Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, malware, exploits, root kits, keyloggers, malicious software, adware, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (v) Infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
4. Age Limitation
The Site is not directed at children, and WE DO NOT ALLOW INDIVIDUALS WHO WE KNOW ARE UNDER 18 TO USE THE SITE. YOU MUST BE AT LEAST 18 YEARS OLD TO USE OUR SITE. If we learn that we have collected Personal Information from a child under 18, subject to applicable law, we will either (i) delete this information from our databases, in accordance with our deletion procedures; or (ii) obtain verifiable parental consent, in accordance with the Children's Online Privacy Protection Act. Please understand that we cannot necessarily tell if a user is providing us with his or her true age.
We welcome links to the Site. You are usually free to establish a hypertext link to any of the Site so long as the link does not create a false implication of sponsorship or endorsement of your site by our Site or by Eastone.
6. Links to External Sites
The Sites may contain links to other websites. These Terms apply only to this Site. Other websites (including those that the Site may link to) may have their own policies and terms. YOU ACCESS LINKED SITES AT YOUR OWN RISK AND UNDER NO CIRCUMSTANCES WILL EASTONE BE LIABLE IN ANY WAY FOR ANY ASPECT ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LINKED SITE.
8. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITE AND THE CONTENT ON THE SITE ARE PROVIDED "AS IS." EASTONE MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE, TO THE EXTENT PERMITTED BY LAW. EASTONE DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL CONTENT, SERVICES, AND INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASTONE OR A REPRESENTATIVE SHALL CREATE A WARRANTY. WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING. FURTHER, EASTONE DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL EASTONE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT ON THE SITE.
9. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, EASTONE WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITE, EVEN IF EASTONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITE, OR (v) ANY OTHER MATTER RELATING TO THE SITE. IN ADDITION, WHEN USING THE SITE, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM WHICH IS BEYOND THE CONTROL AND JURISDICTION OF EASTONE, ITS PARTNERS, ADVERTISERS, AND SPONSORS OR ANY OTHER THIRD PARTY MENTIONED ON THE SITE. ACCORDINGLY, EASTONE ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION, OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH EASTONE IS TO DISCONTINUE YOUR USE OF THE SITE OR ANY SERVICE OFFERED BY EASTONE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE OR SERVICES EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR USE OF THE SERVICES, IF ANY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree, at your expense, to indemnify, defend and hold harmless Eastone, its shareholders, members, partners, officers, directors, employees, agents, affiliates, distributors and licensees from and against any judgment, losses, deficiencies, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of your breach of these Terms or in connection with your use of the Site or any service related thereto.
11. Termination of Access
12. Applicable Law
If any provision herein is held to be invalid or unenforceable, such provision shall be deemed to have been deleted, and the remaining Terms shall remain in effect.
14. Dispute Resolution and Agreement to Arbitrate
Except where and to the extent prohibited by law, by using the Site, you and All such disputes shall be exclusively submitted to JAMS (www.jamsadr.com) for binding arbitration under its rules then in effect, before one arbitrator to be mutually agreed upon by both parties. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable.Eastone agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Site, or the breach, enforcement, interpretation, or validity of these Terms or any part of them (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Notice shall be sent: (i) to Eastone, at the address provided in the “How to Contact Us” section below; (ii) to you, at the address we have on file for you. Both you and Eastone agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT THE SOLE AND EXCLUSIVE JURISDICTION FOR SUCH DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.
15. Contact for Alleged Copyright Infringement
Eastone respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on our Site constitutes infringement of a work protected by copyright (a "Work"), please notify Eastone Equities, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA") to respond to such concerns, as follows:
353 Lexington Ave, New York, NY 10016, firstname.lastname@example.org, 516-714-3888
Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
16. How to Contact Us
If you have any questions about these Terms, or, if you have comments or questions about the administration of our Site, please email us at email@example.com or write to us at 353 Lexington Ave, New York, NY 10016
Updated by Eastone on 04/30/2019.