Terms of Service
The information on this website, including the images, text, digital media, etc. (“Content”) is for informational purposes only, and is owned by Esprida Corporation (“Esprida”) or its licensors. Although Esprida endeavors to keep this website current, it does not warrant the accuracy or completeness of the Content. This website may contain technical inaccuracies or typographical errors. Esprida may change or update the products described in this website without notice.
Esprida provides hyperlinks to other websites. A hyperlinked website is independent from Esprida and Esprida has no control over the content or privacy policies on the hyperlinked websites. Accordingly, Esprida is not liable for the content or information contained on the hyperlinked websites.
Use of Software and Restrictions
Through this website you may obtain rights through a license agreement with Esprida to access and use Esprida LiveControl Server (“Server”) and download Esprida LiveControl Agent (“Agent”) (collectively, “Esprida LiveControl Service”) and/or Esprida ScreenGuard (“ScreenGuard”) (collectively, “Software”). The Esprida LiveControl Service includes functionality that allows you to load and transfer content (whether created by you or a third party) and generate and distribute e-mail. Users obtain secure access to the Server, which resides on computers owned and operated by Esprida, and to which all users with a valid license agreement are permitted access.
To ensure the protection of the Esprida user community, you may only use the Software for lawful purposes. In your use of the Esprida LiveControl Service, you acknowledge and agree that you are strictly prohibited from taking the any or all of actions set out below (“Prohibited Actions”):
- loading, transmitting, distributing, or storing material or information in violation of any applicable law or regulation
- loading, transmitting, distributing, or storing material or information protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization
- loading, transmitting, distributing, or storing material or information that is obscene, defamatory, constitutes an illegal threat, or violates export control laws
- accessing or using data, systems or networks to attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior written authorization from Esprida
- monitoring data or traffic on any network or system without express prior written authorization from Esprida
- interfering with service to any user, host or network including, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
- forging any TCP-IP packet header or any part of the header information in an e-mail sending unsolicited mail messages
- use the Esprida LiveControl Service if you are not able to form legally binding contracts distribute spam, chain letters, or pyramid schemes
- take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
- facilitate any viruses, Trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any user’s information or our infrastructure
- take any action that may cause us to lose any of the services from our internet service providers, payment processors, or other suppliers
If you commit a Prohibited Action, in addition to our other legal remedies, we may limit, suspend, or prohibit or terminate your use of Esprida LiveControl Service, delay or remove hosted content, and take technical and legal steps to minimize the impact of your Prohibited Action.
Esprida LiveControl Server Availability
We cannot guarantee continuous access to the Esprida LiveControl Service as there are numerous factors outside of our control. However, we make commercially reasonable efforts to maintain the availability of the Esprida LiveControl Service. Regularly scheduled maintenance occurs the first Tuesday of each month from 6 p.m. to 6 a.m. (eastern time). However, Esprida may post on the website revisions to the maintenance schedule.
Copyrights and License
In addition to the Content, this website contains certain names, words, phrases, domain names, logos, graphics or designs that are the property of and may constitute trade names or trademarks of Esprida, its related companies or its licensors (“Trademarks”). Except as permitted by a license agreement for the Software you are not granted a license of any kind to the Content or Trademarks. Re-transmission or other copying or modification of the Content or Trademarks may be a violation of federal or common laws, for which you could be liable. The Content and Trademarks on this Website are protected under the copyright and trademark laws of the United States, Canada and of other countries.
Esprida®, Esprida LiveControl Server™, Esprida LiveControl Agent™, Esprida ScreenGuard™, Powered by Esprida™, and related logos are trademarks of Esprida. Other product names, brand names and company names mentioned in this website may be trademarks of their respective owners.
Notices to Esprida shall be given by registered mail to Esprida Corporation., 5180 Orbitor Drive, Mississauga, Ontario, Canada, L4W 5L9, Attention: Legal Department. Notices to you will be provided by e-mail at the e-mail address you provided upon registration, and deemed given 24 hours after the e-mail is sent to you. If your e-mail is invalid, we may give you notice by regular mail to the address provided during registration, in which case you are deemed to have received notice 3 days after the date of mailing.
Disclaimer and Limitation of Liability
Esprida shall not be liable to for any loss of money, goodwill, or reputation, direct, indirect, incidental, special or other consequential damages for your use of this website, or for other links found on this website, including loss of profits, interruption of business, loss of programs or other data on your computer system, even if Esprida is advised of the possibility of these damages. The Content is provided “as is”. All warranties, terms and conditions are disclaimed, including the implied warranties and conditions of merchantability or fitness for a particular purpose, except where prohibited by law.
If we are found to be liable, our liability to you or to a third party is limited to the greater of: (i) the monthly fees you paid us in the 6 months prior to the action arising, and (ii) USD $1,000.
Governing Law and Jurisdiction
This website (excluding non-Esprida websites) is controlled by Esprida. By accessing this website, you agree that all claims relating to your use of, or access to, this website, shall be governed by the laws of the State of New York, without regard to its conflicts of law principals. You also agree and submit voluntarily to the exclusive jurisdiction and venue of the courts of the State of New York and are responsible for complying with local laws.