Terms of Service
Terms of Service AGREEMENT TO OUR LEGAL TERMS
We are Esotech, doing business as TLDCRM (“Company,” “we,” “us,” “Our”).
We operate the website https://www.tldcrm.com (this “site”), as well as any other related product or service that refer or link to these legal terms (the “Legal Terms”) (collectively, the “services”).
Esotech’s TLDCRM is a robust and fully integrated CRM product specifically designed for the insurance industry. It boasts a comprehensive suite of features that cater to the unique needs of insurance agencies and call centers.
You can contact us by phone at 877-530-9653, email at [email protected], or by mail to 1000 Heritage Center Circle Round Rock, TX 78664.
These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Esotech, concerning your access to and use of the Services. You agree that by accessing the services, you have read, understood, and agreed to be bound by all of the Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressed incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to the Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last Updated” data of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Service after the date such revised Legal Terms are posted.
The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
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Our Services
The information provided when using the Services are not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulations or which would subject us to any registration requirements within such jurisdictions or country. Accordingly, those persons who choose to access the Services from another location do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Services are tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you are required to utilize the safeguards and protections put in place by the Services.
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Intellectual Property Rights
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”).
Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.
The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purposes only.
Your use of the Services
Subject to your compliance with these Legal Terms, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you have properly gained access.
solely for your personal, non-commercial use and internal business purposes.
Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: [email protected]. If we ever grant you the permissions to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright and proprietary notice appears or is visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
Your submissions
Please review this section and the “Prohibited Activities” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.
Submissions: By directly sending up any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:
- confirm that you have read and agree with our “Prohibited Activities” and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all moral rights to any such Submission;
- warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
- warrant and represent that your Submission does not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.
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User Representations
By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purposes; and (7) your use of the Services will not violate any applicable law or regulation; (8) accounts and credentials are specific to the assigned user and may not be shared with or transferred to any other person; (9) you must not permit any users to use each other’s accounts or credentials, and you will immediately notify TLD if you know or suspect that the user’s account or credentials have been used by any other person.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend and/or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
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User Registration
You will be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such a username is inappropriate, obscene, or otherwise objectionable. All username registrations must indicate a specific individual and may not be shared, transferred, or renamed at any time. Use of generic naming conventions are strictly prohibited. Any user found will be immediately disabled and a TOS violation will be notated on the account.
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Purchases and Payment
We accept the following forms of payment: Visa, MasterCard, American Express, and ACH bank transfers.
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time, all payments shall be paid in full within 7 days of the invoice being dispersed.
You agree to pay all charges at the prices then in effect for your purchases and all applicable fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order and with each consecutive monthly invoice. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Service if exceeding current contracted terms until such time as the User Agreement has been reviewed and updated accordingly.
Once usage of the account begins a prorated charge for the seat count will be applied. Each month’s billing will consist of the current seat count, the number of DIDs on the account, and the minutes accumulated and SMS usage during the previous month in addition to any advanced features activated on the account. The billing team takes a screenshot of the seat count for the monthly statement on the 1st of each month. Invoices are prepared between the 3rd and 7th for that billing period and provided as reference of the services. Payment is required, in full, 7 days from the date of the invoice.
If payment is not received within the designated time all account exports from the system will be disabled and support services will be limited to emergency situations only. Late fees will be applied to the account 7 days from the invoice date. 1st Month Missed Payment: Failure to make payment in a timely manner will result in a 1 time $150 late fee applied to the account. Thereafter: A late fee of $150 will be assessed each day the payment remains outstanding in each subsequent month following the initial missed payment..The billing department will make multiple attempts to collect payment prior to the end of the month in which payment is due. On the 1st of the following month all account access will be revoked and access to the account will be terminated. The Esotech Data Retention Policy is now activated. This policy is available by written request from [email protected].
You may cancel services at any time and a written notice 30 days in advance is required. A final month’s invoice will be prepared at account termination for any outstanding minutes, SMS usage, and CRM/Dialer seats.
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Subscriptions
Onboarding
Onboarding is a multi-step process that must be completed prior to joining TLD. Failure to complete the necessary steps will result in a delay for account activation and refusal will result in onboarding termination. All Onboarding forms should include confirmation of payment of the non-refundable Onboarding fee. It is required that all stakeholders participate in the Onboarding process and complete all necessary training, meetings, or account reviews. Refusal/failure to complete the necessary training may result in a delay, extending launch by 1 week or more.
Billing and Renewal
Your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable Service. The length of your billing cycle is monthly.
Account seats are not automatically adjusted. It is your responsibility to reduce seats after removing users prior to the 1st of the month to avoid being billed for extra seats. It is your responsibility to add seats prior to adding new users as well. New seats are prorated on the next month’s bill. Seats removed are NOT prorated as credits for the next month. If you remove a seat and then add a seat within the same month you are not charged twice for that seat, as any seats that were removed are still available for use until the end of the current month.
Cancellation
All purchases are non-refundable. You can cancel your subscription at any time by contacting us using the contract information provided below. Your cancellation will take effect at the end of the current paid term. If you have any questions or are unsatisfied with our Services, please email us at [email protected].
Fee Charges
We, from time to time, make changes to the subscription fee and will communicate any price changes to you in accordance with applicable laws.
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Prohibited Activities
You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Services, you agree NOT to:
- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Circumvent, disable, or otherwise interfere with security-related features of the services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
- Use any information obtained from the Services in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Services in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Services.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the services.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using a data mining, robot, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Attempt to impersonate another user or person or use the username of another user.
- Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of Services to you.
- Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
- Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
- Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
- Make any unauthorized use of the Services, including collecting usernames, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use the Services as part of an effort to compete with us or otherwise use the Services and/or Content for a revenue-generating endeavor or commercial enterprise outside the scope of current contracted Service Agreements.
- Selling or otherwise transferring a profile without written consent from both parties and a formal acknowledgement from us.
- Failing to comply with FCC Regulations: All outbound dialing campaigns must adhere to FCC Drop Ratio standards. Intentionally increasing dropped calls to connect agents faster is strictly prohibited.
- Exceeding Predictive/Power Dialing Ratios: For primarily inbound accounts: Maximum ratio of 3 calls per user, per second. For primarily Inbound Accounts exceeding this limit may require to migrate outbound campaigns to a separate account for stability and liability reasons.
- For primarily outbound accounts: Maximum ratio of 6 calls per user, per second.
- Customers must abide by TLD Best Practices in order to comply with FCC Regulations for outbound dialing.
- This includes acceptable Drop Ratios for Outbound Dialing Campaigns, Creating more drops to reduce agent wait time is not acceptable.
- For Primarily Inbound Accounts
- Predictive / Power Dialing ratios are not to exceed 3, and dependent on Total Users Dialing and total users on the account may be required to migrate to a separate account for stability and liability.
- For Primarily Outbound Accounts
- Max Ratio of 6
- Outbound Connectivity and Performance
- For best results, Customers must purchase enough DID’s to support User Count x Max Ratio Dialing to avoid Carrier Rejection or Flagging of calls.
- For best results, customers should use our preferred third party vendor OutboundANI to manage the DID’s in rotation.
- Any changes to Max Users Dialing, or Ratio should be consulted first with TLD / OutboundANI to purchase the required DID’s to improve connectivity.
- Knee-jerk reactions to increase ratio and users without sufficient DID’s will likely result in DID’s getting blocked, reducing performance and connectivity. Lack of consultation before increasing User count significantly, or increasing ratio will impact performance and connectivity and TLD is not liable for this.
- For best results, Customers must purchase enough DID’s to support User Count x Max Ratio Dialing to avoid Carrier Rejection or Flagging of calls.
- Outbound dials may not be done via non-TLD Account owned numbers. (Spoofing).
- Store, record, contain, or utilize any method to store and/or capture PCI data, including Social Security Numbers (SSNs), Dates of Birth (DOBs), or other Personally Identifiable Information (PII) employing any method that circumvents system safeguards and tracking designed to protect this sensitive data, including, but is not limited to: (1) creating unauthorized databases or spreadsheets to store PCI data; (2) downloading or exporting PCI data to personal devices or unauthorized locations; (3) using insecure messaging platforms or file-sharing services to transmit PCI data; (4) tampering with system logs or audit trails related to PCI data access; (5) implementing workarounds or disabling security controls to access or process PCI data in violation of established protocols.
- TLDCRM cannot be held liable for improper use of system fields to store PII in the case of a data breach.
- Storing PII or PCI Data in general contact notes or custom or non-secured fields is not allowed and may be deleted through automated or manual scans of the database.
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Services Management
We reserve the right, but not the obligation, to : (1) monitor the Services for violations of these legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent terminologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
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Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: www.tldcrm.com/about/privacy-policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised that Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred and processed in the United States.
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Term and Termination
These Legal Terms shall remain in full force and effect while you use the services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating for suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
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Modifications and Interruptions
We reserve the right to change, modify, or remove the contacts of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in the Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.
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Corrections
There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.
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Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representation and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
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Warranty Disclaimer
USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON A “AS IS” AND “AS AVAILABLE” BASIS. ESOTECH AND ITS AFFILIATES, SUPPLIERS AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ESOTECH AND ITS AFFILIATES, SUPPLIERS AND PARTNERS MAKE NO WARRANTY THAT (i) THE SERVICE OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THAT THERE WILL BE NO ERRORS IN THE SERVICE OR THAT ESOTECH WILL FIX ANY ERRORS. ANY MATERIALS OBTAINED THROUGH USE OF THE SERVICE ARE OBTAINED AT YOUR OWN DISCRETION AND RISK AND ESOTECH SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR COMPUTER OR DATA OR FOR ANY BUGS, VIRUSES, TROJAN HORSES OR OTHER DESTRUCTIVE CODE RESULTING FROM USE OF THE SERVICE OR ANY CONTENT OBTAINED FROM THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
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Limitation of Liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, ESOTECH AND ITS AFFILIATES, SUPPLIERS AND PARTNERS HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY CONTENT PROVIDED BY OR THROUGH THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING LIMITATION APPLIES TO DAMAGES ARISING FROM (i) YOUR USE OR INABILITY TO USE our SERVICE; (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS OR SERVICES PURCHASED THROUGH OR FROM our SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR USER CONTENT; (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ESOTECH’S LIABILITY AND THE LIABILITY OF EACH OF ITS OFFICERS, DIRECTORS, INVESTORS, EMPLOYEES, AGENTS, ADVERTISERS, LICENSORS, SUPPLIERS, SERVICE PROVIDERS AND OTHER CONTRACTORS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO A MAXIMUM AMOUNT OF $100.
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User Data
We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have understood using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
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Electronic Communications, Transactions, and Signatures
Visiting the Services, sending us emails, and completing online forms constitutes electric communication. You consent to receive electronic communications, and you agree to all agreements, notices, disclosures, and other communications we provide to you electronically, via email or on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDINGS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or granting of credits by any means other than electronic means.
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California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Ste n 112, Sacramento, California 95835 or by telephone at 800-952-5210 or 916-445-1254.
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Miscellaneous
These Legal Terms are any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any of all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforcement of any remaining provisions. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of a signing by the parties hereto to execute these Legal Terms.
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Contact Us
In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:
Esotech
Phone: 877-530-9563