1. Intellectual Property
a. Third Party Links. Hypertext links to third party web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by ESQ Recruiting of the third party, the third-party web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that ESQ Recruiting is not responsible for the availability of any such web sites and that ESQ Recruiting does not endorse or warrant, and is not responsible or liable for, any such web site or the content thereon.
b. Downloading Files. ESQ Recruiting cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs. The entire risk as to the quality and performance of the Site and the Service and the accuracy of the Content is solely and exclusively with you. c. International Use. ESQ Recruiting makes no representation that the Service or Content is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.
3. Disclaimer of Warranties
You agree to assume total responsibility and risk for your use of this site, the service and the content and for evaluating the accuracy, completeness and usefulness of all content provided by the site or the service. ESQ Recruiting makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. ESQ Recruiting expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the site, the service, and the content. ESQ Recruiting does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected.
ESQ Recruiting does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
4. Limitation of Liability
ESQ Recruiting will not be liable for any loss or damage arising either directly or indirectly from any use or inability to use the site, the service or the content. You understand and agree that under no circumstances will ESQ Recruiting be liable for any damages whatsoever, including, but not limited to: (i) Any direct, incidental, consequential, exemplary or indirect damages arising out of the use of or the inability to use the site, the service, or the content. (ii) Any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or the content, (iii) Unauthorized access to or alteration of transmissions or data, (iv) Statements or conduct of third party on the site or the service, or (v) Any other matter relating to the site, the service, or the content, even if ESQ Recruiting has been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, ESQ Recruiting’s liability is limited and warranties are excluded to the greatest extent permitted by law, but will, in no event, exceed $500.00.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless ESQ Recruiting, its affiliates, licensors, employees, and agents from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
6. User Conduct
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. You agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
7. User Supplied Information
If you supply any information or material to ESQ Recruiting or others via the Site, you guarantee to ESQ Recruiting that you have the legal right to supply, post, or store such information or material and that doing so will not violate any law or the rights of any person or entity. You also agree to abide by any additional rules regarding posting of user content, such as the type of content allowed in various areas of the Site.
ESQ Recruiting reserves the right to terminate your use of the Site at any time for any reason. ESQ Recruiting may discontinue the Site or any portion of the Site at any time for any reason.
10. General Provisions
a. Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent.
b. Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. ESQ Recruiting therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. ESQ Recruiting does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Entire Agreement/No Waiver. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by ESQ Recruiting of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.
e. Site Policies, Modification, and Severability
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
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