Terms of Use and Service
ESA Architects, P.C. (“ESA Architects”) is a high-energy, service-oriented firm that has been providing architectural and planning services at its Boulder, Colorado location since 1973. A second office in Steamboat Springs, Colorado was added in 1980. ESA Architects provides information and website features to the public through its website, esapc.com. By visiting and accessing features on easpc.com, you agree to our Terms of Use and Service set forth here. Our Terms of Use and Service spell out what you can expect from us and what we expect from you. By accessing any areas of esapc.com, users (Users) agree to be legally bound and to abide by these terms. Any references herein to esapc.com shall be deemed to refer to esapc.com and/or ESA Architects, as applicable under the circumstances.
I. TRADEMARKS
Esapc.com is a service mark of ESA Architects. All rights reserved. These and other esapc.com graphics, logs and service marks and trademarks of ESA Architects may not be used without prior written consent of ESA Architects. All other trademarks, product names, and company names and logos appearing on esapc.com are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of esapc.com is at User’s sole risk. Neither esapc.com nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that esapc.com will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of esapc.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through esapc.com.
THIS SITE IS PROVIDED BY esapc.com ON AN “AS IS” AND “AS AVAILABLE” BASIS. esapc.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, IF ANY, INCLUDED ON THIS SITE. esapc.com WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY esapc.com NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall esapc.com or any other party involved in creating, producing, or distributing esapc.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use esapc.com, including but not limited to reliance by User on any information obtained from esapc.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to esapc.com’s records, programs or services. User hereby acknowledges that this paragraph shall apply to all content and services available through esapc.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that esapc.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, Content) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and esapc.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User’s personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to esapc.com at the following email address: contact@esapc.com.
B. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from esapc.com to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use esapc.com only for lawful purposes. User is prohibited from posting on or transmitting through esapc.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If esapc.com is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User, esapc.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from esapc.com. Esapc.com may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate esapc.com; or (iii) to protect the rights or property of esapc.com, its Users or Providers.
Esapc.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, ESA Architects, esapc.com, or any rights of esapc.com or any third party, or to violate any applicable law. Neither esapc.com, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on esapc.com.
V. PRIVACY POLICY
In accordance with the terms of esapc.com’s Privacy Policy, esapc.com respects the privacy of its Users. To view our Privacy Policy, see below.
VI. TERMINATION OF USAGE
Esapc.com may terminate User’s access, or suspend User’s access to all or part of esapc.com, without notice, for any conduct that esapc.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, ESA Architects, or esapc.com.
VII. APPLICABLE LAW
This site is created and controlled by esapc.com in the State of Colorado. As such, the laws of the State of Colorado will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Esapc.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Colorado and of the United States of America located in the State of Colorado for any litigation arising out of or relating to use of esapc.com (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the courts of the State of Colorado, and agrees not to plead or claim in any court of the State of Colorado that such litigation brought therein has been brought in an inconvenient forum.
VIII. SEVERABILITY
The provisions of these Terms of Use and Service are intended to be severable. If for any reason any provision of these Terms of Use and Service shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
IX. ACKNOWLEDGMENT
The Terms of Use and Service, including all documents referenced herein, represents the entire understanding between you and esapc.com regarding your relationship with esapc.com and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THE TERMS OF USE AND SERVICE by using the esapc.com website.
The aforementioned Terms of Use and Service are subject to change at any time without notice to you.