Terms of Service
This document was last updated on
Jan 3, 2019
Welcome to e-storenational.com. We have created various applications (“App” or
“Apps”) and manage them online and provide related support and hosting services
(the “Service” or “Services”).
e-storenational.com (“Company”, “we” or “us”), through our web site (e-storenational.com),
offers various services to you and our application on mobile devices and the
web, which are all conditioned on your agreement, without modification of any
kind whatsoever, to adhere to the following Terms of Service. Use of the
Service by you and/or registration with us constitutes your full agreement to
these Terms of Service. Without prior notice, we may change these Terms of
Service at any time. Of course, none of the changes that we make to these Terms
of Service will apply retroactively nor will such changes apply to disputes or
events that occurred before the change is published. It is your responsibility
to review these Terms of Service on a regular basis. These Terms of Service
shall apply to every visitor and all who access our web site or Services.
WE STONGLY ENCOURAGE YOU TO READ THIS AGREEMENT WITH CARE TO ENSURE THAT YOU
HAVE AN UNDERSTANDING OF EACH PROVISION. IN THIS AGREEMENT THERE IS A MANDATORY
INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT
REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS FOR DISPUTE RESOLUTION, RATHER THAN
JURY TRIALS OR CLASS ACTIONS.
We respect our Users security and privacy. By using our Services, you
understand that you consent to the collection, use and disclosure of your
personally identifiable information as well as any non-personally identifiable
information, which is described in our Privacy Policy in more detail.
You affirm that you are more than 18 years old, and you affirm that you are
fully able and competent to enter into the terms, representations, conditions,
affirmations, obligations, and warranties set forth in these Terms of Service,
and to fully abide by and comply with these Terms of Service. For those of you
under 18 years of age, please do not use our website or our Service.
Services
e-storenational.com is a website that provides information and offers services
to help a consumer in a large variety of areas.
Registration
By participating and/or registering in this Service, you agree and represent as
follows:
1. You are of legal age and are otherwise fully capable of forming a legally
binding contract;
2. All of the information you submit to us or in connection with a Service is
complete and accurate and that you will maintain and quickly update any profile
supplied to us so that we can ensure accuracy at all times;
3. You hereby grant us permission to email or display your profile and such
other information as you may supply us on or from our website as we shall deem
advisable in our sole determination in connection with the Service or for
marketing purposes thereof;
4. You agree to be contacted via Email, text messaging and SMS by us, including
push notifications, and by third parties if relevant, regarding our Services,
our website, third party advertisements and/or notifications, and requests to
rate our website;
5. By using the Service, you are granting us permission to access your account
and those messages, information, data, graphics, text, audio, video or other
material (“Materials”) uploaded/posted/transmitted to or through the Service
using your account, solely in connection with the provision of Services.
Acceptable Use Policy
The following is a partial list of the kinds of activities that are prohibited
on or through the Service: (a) submitting Materials that are patently offensive
to the online community, such as content that promotes hatred, racism, bigotry
or physical harm of any kind against any individual or group; (b) engaging in
activity or submitting Materials that harasses or advocates harassment of
another person; (c) engaging in activities or submitting Materials that could
be harmful to minors; (d) engaging in activity, or submitting Materials, or
promoting information that is false, misleading or promotes illegal activities
or conduct that is threatening, abusive, obscene, libelous or defamatory; (e)
engaging in activity that involves the transmission of “spam” or
unsolicited mass mailing or “junk mail” or harvesting or otherwise
collecting personally identifiable information about Service users, including
names, addresses, phone numbers, email addresses, (collectively, “User
Data”) without their consent; (f) submitting Materials that contain
restricted or password only access pages, or hidden pages or images; (g)
submitting Materials that provide instructional information about illegal
activities such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses; (h) submitting Materials
that displays sexually explicit or pornographic material of any kind; (i)
engaging in activities or submitting Materials that solicit passwords or personally
identifiable information for unlawful purposes from other users; (j) submitting
Materials that contain viruses, worms, Trojan horses, or any other similar
forms of malware, (k) engaging in unauthorized commercial activities and/or
sales without our prior written consent such as advertising, solicitations,
contests, sweepstakes, barter, and pyramid schemes; (l) using any device,
software, or routine to interfere or attempt to interfere with the proper
working of the Service; (m) decompiling, reverse engineering, or disassembling
the software or attempting to do so; (n) using any robot, spider, other
automatic device, or manual process to monitor, copy, or “scrape” web
pages or the content contained in the website or for any other unauthorized
purpose without our prior written consent; or (o) taking any action that
imposes an unreasonable or disproportionately large load on the Service or our
hardware and software infrastructure or that of any of its Licensors or
Suppliers. In addition, you covenant and represent that you will not use the
Service for any purpose other than those that are personal, nor will you use
this Service in violation of the law or these Terms of Service.
Responsibility For User Content
We respect the rights of third party creators and content owners and expect
that you will do the same. Given the nature of the Service and the volume of
information submitted, we cannot and do not monitor all of the Materials posted
or transmitted by you and other third-party information providers via the
Service, including, without limitation, any Materials posted via the Service.
You expressly agree that we will not be liable for Materials. We reserve the
right, but shall not be obligated, to remove content from the Service for any
reason, including content that we believe violates these Terms or our
Acceptable Use Policy above.
It is the policy of e-storenational.com to promptly respond to any and all
claims of intellectual property infringement. We will promptly investigate
notices of alleged infringement and will take appropriate actions required
under the Digital Millennium Copyright Act, Title 17, United States Code,
Section 512(c)(2) (“DMCA”) and other applicable intellectual property
laws.
Pursuant to the DMCA, notifications of claimed copyright infringement should be
sent to a Service Provider’s Designated Agent. Notification must be submitted
to the following Designated Agent for this website:
e-storenational.com
Attention: General Counsel
Email: admin@e-storenational.com
To be effective, the notification must be a written communication that includes
the following:
1. A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact
the complaining party, such as an address, telephone number and, if available,
an electronic mail address at which the complaining party may be
contacted;
5. A statement that the complaining party has a good-faith belief that use of
the material in the manner complained of is not authorized by the copyright
owner, its agent or the law;
6. A statement that the information in the notification is accurate and, under
penalty of perjury, that the complaining party is authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed.
Use of Third Party Services
As a part of our Service, we may offer links to web sites operated by various
third parties and we are not responsible or liable for any acts or omissions
created or performed by these third parties. We provide such links for your
reference and convenience only. We do not control or operate in any way any
software, information, products or services available on such third party web
sites. Our inclusion of a link to a web site does not imply any endorsement of
the services or the site, its sponsoring organization, or its contents.
Forums
The Service may offer forums, blogs, comments areas, bulletin boards and chat
rooms (collectively, “Forums”) that are intended to provide users 18
years of age and older an interesting and stimulating forum in which they can
express their opinions and share their ideas. We do not endorse the accuracy or
reliability of any advice, opinion, statement or information posted on these
Forums. Please use your best judgment, and be respectful of other individuals
using these Forums. Do not use vulgar, abusive or hateful language. Uploading
copyrighted or other proprietary material of any kind on the Service without the
express permission of the owner of that material is prohibited and may result
in civil and/or criminal liability. Any and all information you disclose when
posting a message in these Forums may become public. You should not include any
information in your posting that you do not want other parties to see or use
and you hereby agree that you will not hold us responsible for any third
party’s use of information contained in such posting. To maintain a positive,
creative environment in which users may share and display Materials, we ask
that you only use the Service in a manner that is consistent with our
Acceptable Use Policy.
You agree not to use Forum titles or user names that are obscene, offensive or
harassing to others. We reserve the right to require you to change the title of
your Forum or your user name for any reason and at any time in our sole
discretion and/or change it ourselves.
Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority,
rights and permissions to submit the Materials and grant the licenses described
in these Terms of Service, (b) the Materials and your use of the Service shall
not infringe or misappropriate any copyright, trademark, trade secret, patent,
or other intellectual property right of any third party or violate any other
rights of third party, including, without limitation, any rights of privacy or
publicity or any contractual rights, (c) the Materials are accurate, current
and complete, (d) the Materials and your use of the Service shall not violate
any applicable law or regulation or cause injury to any person; (e) your use of
the Service shall not violate any agreements between you and a third
party.
You agree to indemnify, defend and hold harmless Company, and its officers,
directors, employees, agents, and contractors from and against any and all
costs, claims, demands, liabilities, damages, or expenses, including, without
limitation, reasonable attorneys’ fees, related to or arising from: (a) the
Materials you provide or approve for publication, (b) your use of the Service,
(c) your breach of these Terms of Service, or (d) any actual, prospective,
completed or terminated service between you and a third party.
Disclaimers and Limitations
Errors in the information contained in our Service sometimes occur. We cannot
guarantee that all of the information on the website is correct. Please use
this site at your own risk. In addition, we may make changes and improvements
to the information provided herein at any time. THE SERVICE AND THE
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED
“AS IS.” WE AND/OR OUR SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM
ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER
RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES
PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
USE OF OUR SERVICE IS AT YOUR OWN RISK. WE AND/OR OUR SUPPLIERS, ARE NOT LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THE SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH US, OR OTHERWISE
ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART,
FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING
NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. OUR LIABILITY,
AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, TO YOU AND/OR ANY THIRD
PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED THE TOTAL SUM OF $100.00. THE
LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE
CONTRACT BETWEEN YOU AND US. Some states do not allow the limitation of liability,
so therefore the foregoing limitation may not always apply.
ERRORS AND DELAYS
We are not responsible for any errors or delays caused by an incorrect e-mail
address provided by you or other problems, technical or otherwise, beyond our
reasonable control.
Termination
We reserve the right with or without notice to you at any time to change,
modify or discontinue any service or a portion or attribute thereof, or the
offering of any information, good, content, product or service. We shall have
no liability to you or any third party should we modify or discontinue any
service or an aspect thereof.
We reserve the right in our sole discretion, and without any prior notice, to
terminate your access to the Service for any reason, including your breach of
these Terms of Service, the terms and conditions of any service for which you
may have registered, or a violation of the rights of another user or the law.
You may unsubscribe from any further communication from us at any time by
delivering a written notice addressed to e-storenational.com.
You may send this written notice to:
e-storenational.com
360 Bloomfield Ave
Suite 301
Windsor CT, 06095
You shall be responsible for ensuring delivery of the notice to us. You may
also unsubscribe by clicking the Email Preferences link or the opt-out link in
any of our emails. We shall not be obligated to store any data or files for
more than ninety (90) days after termination of your access to the
Service.
Dispute Resolution
Any claim or controversy arising out of or relating to the use of our Service,
to the goods or services provided by us, or to any acts or omissions of other
users for which you may contend we are liable, including but not limited to any
claim or controversy (“Dispute”), shall be finally, and exclusively, settled
by arbitration in Connecticut, from which arbitration there shall be no appeal.
The arbitration shall be held before one arbitrator. The arbitrator shall be
selected pursuant to the AAA rules. The arbitrator shall apply the substantive
law of Connecticut, except that the U.S. Federal Arbitration Act shall govern
the interpretation and enforcement of this arbitration provision. To begin the
arbitration process, a party must make a written demand therefore. Each part
shall bear its own costs and attorneys’ fees. Any judgment upon the award
rendered by the arbitrators may be entered in any court of competent
jurisdiction. The arbitrator shall not have the power to award damages in
connection with any Dispute in excess of actual compensatory damages and shall
not multiply actual damages or award consequential, punitive or exemplary
damages, and each party irrevocably waives any claim thereto. The agreement to
arbitrate shall not be construed as an agreement to the joinder or
consolidation of arbitration under this Agreement with arbitration of disputes
or claims of any non-party, regardless of the nature of the issues or disputes
involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO
ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR
BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND WE ARE EACH WAIVING
THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION
OR REPRESENTATIVE PROCEEDING. Further, unless both you and we otherwise agree,
the arbitrator may not consolidate more than one person’s claims, and may not
otherwise preside over any form of any class or representative proceeding. YOUR
RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR
JURY.
Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE
OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL
CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION,
PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER
APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR
MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING
INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY
OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY
GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
Parental Control Protections
Pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that
there are commercially available parental control protections (such as computer
hardware, software or filtering services) that may assist you in limiting
access to material that is harmful to minors. Information identifying current
providers of such protections is available at
http://internet-filter-review.toptenreviews.com.
General
You agree that: (i) the Service shall be deemed solely based in Connecticut;
and (ii) this Service shall be deemed a passive web site and service that does
not give rise to personal jurisdiction over us, either specific or general, in
jurisdictions other than Connecticut. These Terms of Service shall be governed
by the internal substantive laws of Connecticut, without respect to its
conflict of laws principles. The application of the United Nations Convention
on Contracts for the International Sale of Goods is expressly excluded. These
Terms of Service, together with the Privacy Policy and any other legal notices
published by us on the Service, shall constitute the entire agreement between
you and us concerning this Service and supersedes any prior written or oral
representations. If a court of competent jurisdiction deems any provision of
these Terms of Service invalid, the invalidity of such provision shall not
affect the validity of the remaining provisions of these Terms of Service, which
shall remain in full force and effect. No waiver of any term of this these
Terms of Service shall be deemed a further or continuing waiver of such term or
any other term, and our failure to assert any right or provision under these
Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service may not be transferred or assigned by you, but may be
assigned by us without restriction. YOU AND WE AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED. Any attempted transfer or assignment in violation hereof
shall be null and void. A printed version of these Terms of Service and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent and
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. All rights not expressly
granted herein are reserved to us.
Copyright and Trade Mark Notices
All contents of the Service are copyrighted © 2019 e-storenational.com. All
rights reserved. Other product and company names may be trademarks or service
marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE
TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.