Terms of Use

Please read these Terms of Use (“Terms”) carefully before using the website located at https://www.esqgo.com and its subdomains operated by ESQgo® (“us”, “we”, or “our”).

Your access to and use of the Site is conditioned upon your acceptance of and compliance with these Terms, and your acceptance of our Privacy Policy (which is always accessible via hyperlink at the bottom of the home page) These Terms apply to all visitors and users.

By accessing or using the Site you agree to be bound by these Terms. If you disagree with any part of these Terms, then you do not have our permission to access the Site.

If you are accessing the Site for or on behalf of a corporate or other legal entity, you represent and warrant that you are authorized to do so and to bind such entity to these Terms.

DISCLAIMER: NO LEGAL REPRESENTATION

Using the Site and/or Service does not create an Attorney-Client relationship between you and ESQgo®, which is only formed when you have signed a client engagement agreement.

Neither receipt of information presented on this Site and/or Service nor any email or other electronic communication submitted or received will create an attorney-client relationship with ESQgo®.

Any information that you provide by reason of your use of this Site and/or Service is not privileged or confidential.

No user of the Site and/or Service should act, or refrain from acting, on the basis of information included on www.esqgo.com without first consulting legal counsel in the relevant jurisdiction.

COMMUNICATIONS

By completing a contact form, initiating a chat with us, or providing your contact information to us or on our Site, you consent to subscribe to newsletters, marketing or promotional materials and other information we may send to you in accordance with our Privacy Policy. You may, however, opt out of receiving any, or all, of these communications from us by following the unsubscribe or opt-out link or other instructions provided in any email we send.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from these Terms Conditions. If you participate in any Promotions, please review the applicable rules for that specific Promotion, as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the relevant Promotion rules will apply.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating product and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other web sites. The information found on the Site may contain errors or inaccuracies and may not be complete or current, and we cannot guarantee the accuracy or completeness of any information found on the Site.

We therefore reserve the right (but are not obligated) to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

INTELLECTUAL PROPERTY

The Site and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of ESQgo®. The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

We respond to any claim that Content posted on the Site infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Web Copyright Infringement” or by post at: 303 North Glenoaks Blvd., Suite 200, Burbank, CA 91502; and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Site where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

If the alleged infringing material is believed in good faith by us to violate applicable copyright laws, we will remove or disable access to such material, and will notify the posting party that the material has been blocked or removed.  

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Site on your copyright.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless ESQgo®, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use of the Site; or b) a breach of these Terms.

LIMITATION OF LIABILITY

In no event shall ESQgo®, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Site; (ii) any conduct or content of any third party on the Site; and (iii) any content obtained from the Site, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

“AS  IS” AND “AS AVAILABLE” DISCLAIMER

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. ESQgo® does not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.

Except for actions to protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Terms shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in Burbank, California, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of California, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party (e.g., no class action). The findings of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction for enforcement.

Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, you are no longer authorized to use the Site.

CONTACT US

If you have any questions about these Terms, please contact us at: [email protected].