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Terms of Use

By going to the Easter Seals Central Alabama (ESCA) Web Site and by continuing to use the ESCA Web Site, you agree to the following rules, conditions and disclaimers (our 'Terms of Use').

When we use the words 'we,' 'us' or 'our,' this includes the ESCA, its Board of Directors and volunteers. When we use the words 'ESCA Web Site,' this means the Easter Seals Central Alabama Web Site.

By using the ESCA Web Site you represent the following:

  • You have read and agree to be bound by the Terms of Use.
  • You agree to comply with the laws of the United States and all other applicable laws regarding the use, copying and transfer of any information obtained from the ESCA Web Site.
  • You agree not to use the ESCA Web Site for illegal purposes.
  • You agree not to interfere or disrupt the networks connected to the ESCA Web Site.
  • If you have any questions about our Terms of Use, contact us at -

    ESCA
    2125 East South Boulevard Montgomery, AL 36116

Disclaimer of Warranty

We do not warrant or guarantee that the information, materials, forms and links on the ESCA Web Site are accurate, complete, current, valid or of good quality. We disclaim all warranties, express, implied or according to statute. We also disclaim any and all implied warranties of merchantability or fitness for a particular purpose. We have gotten all information that we have placed on the ESCA Web Site from sources that we believe are accurate and reliable. However, due to the possibility of human and mechanical error, we are not responsible for any errors or omissions. On occasion your access to the ESCA Web Site may sometimes be interrupted. We may make changes or improvements to the ESCA Web Site anytime.

Limitation of Liability

We have designed the ESCA Web Site to serve the public by providing free access to energy information and resources. In no event shall we be liable for any damages whatsoever (including, without limitation, direct, indirect, special, incidental, consequential, punitive or similar damages) arising from any use of the ESCA Web Site, whether in contract or in tort, or under any other legal theory (including strict liability), or for any claim made against a person using the ESCA Web Site, even if we have been told about the possibility of such claims.

Restrictions on Use

You may not use the ESCA Web Site in any way that is not consistent with the Terms of Use or any way that is illegal. You agree to use the ESCA Web Site only for your own noncommercial use and benefit. You agree that you will not sell or transfer the ESCA Web Site information, materials or forms to any other person or entity for their use or benefit.

You agree that you will first get our consent before copying anything from the ESCA Web Site or transferring anything from the ESCA Web site to anyone else.

You agree to notify us as soon as you become aware that anyone has used the ESCA Web Site in a way that conflicts with the Terms of Use. You also agree to notify us if you learn of any claim that the ESCA Web Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.

YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE ESCA WEB SITE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE ESCA WEB SITE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.

YOU MAY NOT USE THE ESCA WEB SITE IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER THAT CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH OUR CONSENT. YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.

YOU WILL NOT USE THE ESCA WEB SITE OR THE INFORMATION CONTAINED IN THE ESCA WEB SITE IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL.

YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE ESCA WEB SITE. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.

Intellectual Property

This ESCA Web Site contains material that we have developed and materials that have been developed from various other sources. This ESCA Web Site, including but not limited to its text, logos, content, photographs, flash animations, video, audio and graphics (the 'Intellectual Property'), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the United States and other countries. The Intellectual Property also is protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the ESCA Web Site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the ESCA Web Site.

No License Granted

You acquire absolutely no rights or licenses in or to the ESCA Web Site except for the limited right to use the ESCA Web Site according to the Terms of Use. If you download Web pages and information from the ESCA Web Site, you must follow the Terms of Use.

Rights Reserved

All of our present and future rights in and to the Intellectual Property and other proprietary rights to the ESCA Web Site of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the ESCA Web Site (the 'Intellectual Property Rights') belong solely and exclusively to us and not to you.

Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the ESCA Web Site or any portion thereof.

Endorsement Disclaimer

We do not endorse, support, sanction, or verify the information or material that is linked to the ESCA Web Site. Unless we have otherwise specifically said so, we have no affiliation with any of the organizations mentioned or described on the ESCA Web Site. We make no representations or warranties with regard to those organizations. We do not endorse or affiliate with any of the organizations that are linked to or from the ESCA Web Site.

Miscellaneous

These Terms of Use will be governed and be interpreted pursuant to the laws of the State of Alabama, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of the courts of the State of Alabama. If any part of these Terms of Use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Even if we fail to act when you or others fail to follow the Terms of Use, we continue to have the right to act against you and others at any time for any other violations or breaches of the Terms of Use.

We are not liable for any delay or failure to act that results directly or indirectly from any causes beyond our reasonable control.

We may freely assign this agreement or update these Terms of Use.


 

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