Terms

TERMS AND CONDITIONS

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE (“Terms“) CAREFULLY BEFORE USING THE ESL DESIGNS INC.INC. WEBSITE (the “Company“, “we” or “us“) web site (www.designsbyesl.com referred to herein as the “Site”). All users of this Site agree that access to and use of this Site is subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, please do not use this Site.

The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of the Site) with or without notice. We reserve the right in our sole discretion to terminate or restrict your use of the Site, without notice, for any or no reason, and without liability to you or any third party.

The Site contains proprietary information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to copy, post, publish or create derivative works based on the Site, in whole or in part. All trademarks, service marks and trade names used in the Site are trademarks or registered trademarks of ESL Designs INC They may not be used without our prior written permission. Any other intellectual property in the Site, including, but not limited to, patents, issued or pending, are the sole property of ESL Designs INC and/or its licensors.

You agree to indemnify, defend, and hold harmless ESL Designs INC., its officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, expenses, damages and costs, including, without limitation, reasonable attorneys’ fees, arising from or relating in any way to your use of this Site.

ESL Designs INC. is committed to safeguarding your privacy. The terms regulating the handling of personally identifiable information and other information by you in connection with the Site is described in our Privacy Policy.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE COMPANY 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.

THE COMPANY WILL NOT BE LIABLE FOR ANY 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 WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, ESL DESIGNS INC.INC. IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, ESL DESIGNS INC. LIABILITY WILL IN NO EVENT EXCEED US$100.00.

By using the Site, you agree to receive electronic communications from us. Any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

In an attempt to provide increased value to our visitors, we may link to Sites operated by third parties. However, even if the third party is affiliated with us, we have no control over these linked Sites. These linked Sites are only for your convenience and therefore you access them at your own risk.

If you link to this Site, you:

• Will not frame or otherwise create a browser or border environment around our content;
• Will not misrepresent your or your sites relationship with us;
• Will not present false, misleading or inaccurate information about us or our products or services on your site or otherwise;
• Will not use our logo without express prior written permission from us; and

These Terms constitute the entire agreement between you and us and govern your use of the Site, superseding any prior agreements. The Terms will be governed by the laws of the State of California without regard to any conflict of law provisions. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Our failure to insist upon or enforce strict performance of any provision of these terms and conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any of these Terms. We may assign our rights and duties under this Agreement to any party at any time without notice to you.