Election Systems & Software, LLC Legal Policy
- Acceptance of Terms.
- Content Ownership.
All content or other materials on the Site including, but not limited to, all text, audio, data, graphics, images, photographs and other materials or elements (collectively, the "Content") are owned and copyrighted by ES&S, its licensors or others with all rights reserved. You should assume that the Content is copyrighted and owned by ES&S unless otherwise noted herein and you may not use the Content, except as provided under the Terms unless you receive the prior written permission of ES&S.
All trademarks, trade names, logos and all related product names, design marks and slogans which appear on the Site are either the trademarks or service marks (registered or unregistered) of ES&S or its licensors unless otherwise stated herein. ES&S and its licensors expressly reserve all intellectual property rights in and to all Content on the Site. ES&S does not grant any licenses to you in connection with your access and/or use of the Content contained on the Site.
In the event you violate any of the Terms of this Legal Policy, ES&S or its licensors may seek to enforce all of their intellectual property rights to the fullest extent of the law, including the possibility of seeking criminal prosecution for any such violation.
- User Conduct.
ES&S maintains the Site for your personal information, education, and communication only and grants you permission to use the Site only for noncommercial, personal use. You may not download, distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use the Content without the prior written permission of ES&S. In addition to the foregoing, you agree not to engage in any of the following activities on the Site:
- Upload, post or transmit any informational or content that is unlawful, threatening to another person or entity, infringing, defamatory, false, misleading, abusive, harassing, libelous, vulgar, obscene, pornographic, profane, invades the privacy of another, or is otherwise objectionable;
- Intentionally or unintentionally violate or encourage conduct that would be considered a violation of any local, state or federal law, either civil or criminal;
- Impersonate another user, person or entity, including any official or employee of ES&S;
- Upload, post or transmit any informational content that is the copyrighted, patented or trademarked intellectual property of another, or the trade secret of or confidential information of another; and
- Use the Site to advertise or perform any commercial solicitation.
- Links to Third Party Sites.
The Site may contain links to other Internet sites not under the ownership or control of ES&S. Such links are provided for your convenience only and are not express or implied warranties, endorsements or approvals by ES&S. ES&S does not warrant and specifically disclaims any and all responsibility or liability for your use of such sites and you hereby release ES&S and its subsidiaries, affiliates, officers, directors, employees and agents from any and all such responsibility or liability for the same.
- EXCLUSION OF LIABILITY.
NEITHER ES&S NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, NOR ANY OF THEIR RESPECTIVE AGENTS WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY ES&S SITE AND YOUR USE OF ANY ES&S SITE IS AT YOUR OWN RISK. THIS INCLUDES (BUT IS NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY OF THE FOLLOWING: USE OF (OR INABILITY TO USE) THE SITE; USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE; FAILURE OF PERFORMANCE; ERROR; OMISSION; INTERRUPTION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; LINE FAILURE; INTRUSION, HACKING OR VIOLATION OF ANY ES&S SITE BY ANY THIRD PARTY; OR ANY ILLEGAL ACTIVITIES OF ANY THIRD PARTIES. ES&S DOES NOT WARRANT THE SECURITY OF ANY INFORMATION YOU TRANSMIT TO IT AT ANY ES&S SITE.
ES&S IS NOT AND SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING: DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE OR THE CONTENT THEREIN WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, ES&S IS NOT LIABLE EVEN IF IT HAS BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
ALL INFORMATION, CONTENT, PRODUCTS AND SERVICES PROVIDED ON THE SITE ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITH NO WARRANTIES OR GUARANTEES OF ANY KIND. ES&S EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY APPLICACLE LAW ALL EXPRESS, IMPLIED, STATUTORY OR OTHER WARRANTIES, GUARANTEES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE AND NONINFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ES&S MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR ERROR FREE OR THAT ANY DEFECTS WILL BE CORRECTED. IN ADDITION, YOU (AND NOT ES&S) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY EQUIPMENT, HARDWARE, SOFTWARE OR OTHER ITEMS NECESSARY TO USE THE SITE OR VIEW THE CONTENT.
You agree to indemnify, defend and hold harmless ES&S, its parents, subsidiaries and other affiliated companies (and the respective officers, directors, employees or agents of any such entities) from and against any and all claims, liabilities, damages, losses, costs, expenses and fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your use of the Site or violation of these Terms. ES&S reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ES&S’ defense of such claim, and in no event may you agree to any settlement affecting ES&S without ES&S’ written consent.
- Export Control.
Software and other materials from the Site may be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported in violation of any such laws. ES&S does not authorize the exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export laws.
- Revisions to the Terms.
ES&S reserves the right to change these Terms from time to time without notice in its sole and absolute discretion. You are bound by any such revisions and should periodically visit this Site to review the current Terms.
- Content Submitted by Users.
Any communication or material you transmit to ES&S at the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ES&S or its subsidiaries and affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, ES&S is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information. ES&S will not compensate you in any way for any such information, nor will the information be returned to you.
- Site Security.
Users are prohibited from violating or attempting to violate the security of the Site, including without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (f) by using any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; or (g) by using or attempting to use any engine, software, tool, agent or other device or mechanism (including, without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from ES&S on this Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Violations of system or network security may result in civil or criminal liability. ES&S may investigate occurrences that potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
- General Terms and Choice of Law.
The Terms of this Legal Policy constitutes the entire agreement between you and ES&S and governs your use of any ES&S Site. The failure of ES&S to exercise or enforce any right or provision the Terms of this Legal Policy shall not constitute a waiver of any such right or provision. If any provision of these Terms of this Legal Policy is found by a court of competent jurisdiction to be invalid then such provision shall be eliminated from the Terms of this Legal Policy and the surviving terms shall remain in full force and effect. Any claims arising under this Legal Policy must be brought within one (1) year after such claim or action or action arose or be forever barred. The Terms of this Legal Policy and your use of this Site is governed by the laws of the State of Nebraska in the United States of America, without regard to its choice of law provisions.
- Exclusions and Limitations.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that ES&S may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of ES&S’ liability shall be the minimum permitted under such applicable law.