Esoteric Online Terms of Use
Dec 4th, 2011
0. Introduction; Your Agreement to these Terms of Use.
Welcome to the EsotericOnline.net (owned and operated by Esoteric Online. (hereinafter "Esoteric Online"))
content management platform -- consisting of web sites, services, software applications and networks -- that
allows for the authorized upload, download, sharing and distribution of written digital content over the
internet (the "Esoteric Online Platform"). Terms for "Esoteric Online" and the "Esoteric Online Platform" apply
to any site or mobile application owned and operated by Esoteric Online, Inc, including Esoteric Online.com,
Float.com, and the Float mobile application.
The following Terms of Use for the Esoteric Online Platform is a legal contract between You, either an
individual user or a single entity ("You" or, collectively, "Users"), and Esoteric Online regarding Your use of
the Esoteric Online Platform.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. BY REGISTERING FOR, ACCESSING, BROWSING, DOWNLOADING FROM OR
USING THE ESOTERIC ONLINE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND
BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS
(COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR
USE OF THE ESOTERIC ONLINE PLATFORM IN THE MANNER DESCRIBED IN SECTION 11.2 BELOW.
1. Eligibility.
The Esoteric Online Platform is not available to persons under the age of majority in their jurisdiction or to
any users previously suspended or removed from the Esoteric Online Platform by Esoteric Online. If you are
using or opening an account on the Esoteric Online Platform on behalf of a company, entity, or organization
(collectively "Subscribing Organization"), then you represent and warrant that you are an authorized
representative of that Subscribing Organization with the authority to bind such organization to these Terms;
and agree to be bound by these Terms on behalf of such Subscribing Organization. BY DOWNLOADING, INSTALLING OR
OTHERWISE USING THE Esoteric Online PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this
Section. In any case, you affirm that you are over the age of 13, as the Esoteric Online Platform is not
intended for children under 13.
2. Privacy; Additional Terms.
Your privacy is important to Esoteric Online. Esoteric Online's Privacy Policyis hereby incorporated into
these Terms by reference. Please read this notice carefully for information relating to Esoteric Online's
collection, use, and disclosure of Your personal information.
3. Individual Features and Services.
When using the Esoteric Online Platform, You will be subject to any additional posted guidelines or rules
applicable to specific services and features which may be posted from time to time (the "Guidelines"). All
such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Esoteric Online reserves the right, at our discretion, to change, modify, add, or remove portions of these
Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use
of the Esoteric Online Platform after the posting of changes constitutes Your binding acceptance of such
changes. For any material changes to these Terms, such amended terms will automatically be effective ten days
after they are initially posted on the Esoteric Online Platform. We will always make a reasonable effort to
notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Esoteric Online's policy to
respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA").
For more information, please go to Esoteric Online'sDMCA Notification Guidelines. Please note that Esoteric
Online will promptly terminate without notice any User's access to the Esoteric Online Platform if that User is
determined by Esoteric Online to be a "repeat infringer". A repeat infringer is a User who has been notified
by Esoteric Online of infringing activity violations more than twice and/or who has had their User Content or
any other user-submitted content removed from the Esoteric Online Platform more than twice.
6. Esoteric Online Platform License Grant.
6.1 License Grant to Upload.
Subject to Your compliance with the terms and conditions set out in these Terms, Esoteric Online hereby grants
to You a personal, limited, non-exclusive, non-transferable, freely revocable license to use the Esoteric
Online Platform for the uploading and distributing of authorized digital content, including electronic
documents ("User Content").
User Content is uploaded at Your own risk. Notwithstanding anything to the contrary herein, Esoteric Online
does not guarantee that there will be no unauthorized copying or distribution of User Content nor will Esoteric
Online be liable for any unauthorized copying or usage of the User Content.
6.2 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Esoteric Online hereby grants
to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including,
without limitation download to a portable device), print, and have printed User Content for personal use
subject to any express restrictions contained in the license under which such User Content is distributed.
6.3 Reservation of Rights.
Esoteric Online reserves all rights not expressly granted in these Terms.
6.4 Prevention of Unauthorized Use.
Esoteric Online reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized
use of the Esoteric Online Platform, including, but not limited to, technological barriers, IP mapping, and
directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. User Content License Grant; Representations and Warranties.
7.1 Retention of Ownership
Subject to the licenses granted herein, You retain all of Your ownership rights in User Content owned by You.
7.2 License Grant to Esoteric Online.
Unless otherwise agreed to in a separate written agreement between You and Esoteric Online that was signed by
an authorized representative of Esoteric Online:
a) By distributing or disseminating User Content through the Esoteric Online Platform, You hereby grant to
Esoteric Online a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, license
(with the right to grant and authorize sublicenses) to host, transfer, display, perform, reproduce, distribute,
compress or convert for distribution, and otherwise exploit Your User Content, in any media formats and through
any media channels, solely in order to publish and promote such User Content in connection with services
offered or to be offered by Esoteric Online. Such license will apply to any form, media, or technology now
known or hereafter developed.
b) Subject to the Esoteric Online Store Terms (including, without limitation Section 6.4 thereof), the license
granted by You in Section 7.2(a), above, terminates as to a specific piece of User Content once You remove or
delete such User Content from the Esoteric Online Platform. Notwithstanding the foregoing (or anything else to
the contrary in these Terms) any sublicenses granted and/or authorized by Esoteric Online with respect to Your
User Content prior to Your removal of such User Content from the Esoteric Online Platform shall survive any
termination or expiration of the license granted in Section 7.2(a) above.
c) By uploading User Content, You hereby warrant that Your User Content is free of any digital rights
management, including any software designed to limit the number of times User Content may be copied or played.
7.3 License Grant to other Esoteric Online users.
By distributing or disseminating User Content through the Esoteric Online Platform, You hereby grant to each
User that is authorized to access Your User Content a non-exclusive license to access and use Your User Content
under the terms indicated by You when You uploaded such User Content. Notwithstanding the foregoing, You
hereby grant to each User that is authorized to access You User Content at least a limited, non-exclusive,
license to view, download (including, without limitation download to a portable device), print and have printed
such User Content for personal use in the manner contemplated by these Terms and the Esoteric Online Platform.
The foregoing license granted by You terminates as to a specific piece of User Content once You remove or
delete such User Content from the Esoteric Online Platform provided, however, that User rights to such User
Content arising out of distributions occurring on or prior to deletion of such User Content from the Esoteric
Online Platform survive any termination or expiration of the license granted in this section 7.3.
7.4 User Content Representations and Warranties.
You are solely responsible for Your User Content and the consequences of posting or publishing them. By
uploading and publishing Your User Content, You affirm, represent, and warrant that:
(1) You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions
to use and to authorize Esoteric Online and Esoteric Online's Users to use Your User Content as necessary to
exercise the licenses granted by You in this section and in the manner contemplated by Esoteric Online and
these Terms;
(2) Your User Content does not and will not slander, defame, or libel any other person.
(3) The use of Your User Content as permitted herein does not and will not infringe, violate, or misappropriate
any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right,
right of publicity, or any other intellectual property or proprietary right; and
(4) Your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of these third-party rights may be subject to criminal and civil liability. Esoteric Online reserves
all rights and remedies against any Users who violate these Terms.
7.5 User Content Disclaimer.
You understand that when using the Esoteric Online Platform You will be exposed to User Content from a variety
of sources, and that Esoteric Online is not responsible for the accuracy, usefulness, or intellectual property
rights of or relating to such User Content. You further understand and acknowledge that You may be exposed to
User Content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do
waive, any legal or equitable rights or remedies You have or may have against Esoteric Online with respect
thereto. Esoteric Online does not endorse any User Content or any opinion, recommendation, or advice expressed
therein, and Esoteric Online expressly disclaims any and all liability in connection with User Content. If
notified by a User or a content owner of User Content that allegedly does not conform to these Terms, Esoteric
Online may investigate the allegation and determine in its sole discretion whether to remove the User Content,
which it reserves the right to do at any time and without notice. For clarity, Esoteric Online does not permit
copyright infringing activities on the Esoteric Online Platform.
8. Prohibited Conduct.
BY USING THE ESOTERIC ONLINE PLATFORM YOU AGREE NOT TO:
8.1 use the Esoteric Online Platform for any purposes other than to disseminate or receive original or
appropriately licensed content and/or to access the Esoteric Online Platform as such services are offered by
Esoteric Online;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein
or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
8.4 post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person
could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing,
threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise
inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the
Esoteric Online Platform accounts of others without permission, forge another persons' digital signature,
misrepresent the source, identity, or content of information transmitted via the Esoteric Online Platform, or
perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the Esoteric Online Platform or User Content;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the
Esoteric Online Platform. This includes, but is not limited to, unsolicited advertising, promotional materials,
or other solicitation material, bulk mailing of commercial advertising, chain mail, informational
announcements, charity requests, and petitions for signatures;
8.8 use the Esoteric Online Platform for any illegal purpose, or in violation of any local, state, national, or
international law, including, without limitation, laws governing intellectual property and other proprietary
rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the Esoteric Online Platform, or collect, or attempt to
collect, personal information about Users or third parties without their consent;
8.10 use the Esoteric Online Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the Esoteric
Online Platform or User Content, features that prevent or restrict use or copying of any content accessible
through the Esoteric Online Platform, or features that enforce limitations on the use of the Esoteric Online
Platform or User Content;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Esoteric
Online Platform or any part thereof, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the Esoteric Online Platform or any part
thereof, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the Esoteric Online Platform or any user's enjoyment
of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other
malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the Esoteric Online Platform for any
purpose or bypass any measures Esoteric Online may use to prevent or restrict access to the Esoteric Online
Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content
transmitted through the Esoteric Online Platform;
8.18 interfere with or disrupt the Esoteric Online Platform or servers or networks connected to the Esoteric
Online Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the
Esoteric Online Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine
optimization, content in HTML format with links or redirects, or other commercial content that in Esoteric
Online's sole opinion detracts from the Esoteric Online experience.
9. Account
When You use the Esoteric Online Platform to upload and/or download content or any products, services, or
information from Esoteric Online, You may be asked to provide a password. You are solely responsible for
maintaining the confidentiality of Your account and password and for restricting access to Your computer, and
You agree to accept responsibility for all activities that occur under Your account or password. You agree
that the information You provide to Esoteric Online on registration and at all other times will be true,
accurate, current, and complete. You also agree that You will ensure that this information is kept accurate
and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the
event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or
charge card number, if applicable), then You agree to immediately notify Esoteric Online. You may be liable
for the losses incurred by Esoteric Online or others due to any unauthorized use of Your Esoteric Online
Platform account.
10. Third-Party Sites, Products and Services; Links.
The Esoteric Online Platform may include links or references to other web sites or services solely as a
convenience to Users ("Reference Sites"). Unless otherwise expressly stated by Esoteric Online, Esoteric
Online does not endorse any such Reference Sites or the information, materials, products, or services contained
on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or through the Esoteric Online Platform are solely between
You and such advertiser. Access and use of Reference Sites, including the information, materials, products,
and services on or available through Reference Sites is solely at Your own risk.
11. Termination; Terms of Use Violations.
11.1 Esoteric Online.
You agree that Esoteric Online, in its sole discretion, for any or no reason, and without penalty, may
terminate any account (or any part thereof) You may have with Esoteric Online or Your use of the Esoteric
Online Platform and remove and discard all or any part of Your account, User profile, and any User Content, at
any time. Esoteric Online may also in its sole discretion and at any time discontinue providing access to the
Esoteric Online Platform, or any part thereof, with or without notice. You agree that any termination of Your
access to the Esoteric Online Platform or any account You may have or portion thereof may be effected without
prior notice, and You agree that Esoteric Online will not be liable to You or any third party for any such
termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law
enforcement authorities. These remedies are in addition to any other remedies Esoteric Online may have at law
or in equity. As discussed herein, Esoteric Online does not permit copyright infringing activities on the
Esoteric Online Platform, and will terminate access to the Esoteric Online Platform, and remove all User
Content or other content submitted by any Users who are found to be repeat infringers.
11.2 You.
Your only remedy with respect to any dissatisfaction with (i) the Esoteric Online Platform, (ii) any term of
these Terms, (iii) any policy or practice of Esoteric Online in operating the Esoteric Online Platform, or (iv)
any content or information transmitted through the Esoteric Online Platform, is to terminate these Terms and
Your account. You may terminate these Terms at any time by discontinuing use of any and all parts of the
Esoteric Online Platform.
11.3 User Content.
Subject to Section 7.2 above and the Esoteric Online Store Terms (including, without limitation Section 6.4
thereof), upon termination of these Terms by You or Esoteric Online, Esoteric Online will discontinue
prospective hosting and distribution of Your User Content.
12. Ownership; Proprietary Rights.
The Esoteric Online Platform is owned and operated by Esoteric Online. The visual interfaces, graphics,
design, compilation, information, computer code (including source code or object code), products, services, and
all other elements of the Esoteric Online Platform provided by Esoteric Online (the "Materials") are protected
by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other
relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content that
is provided and owned by Users, all Materials contained on the Esoteric Online Platform are the property of
Esoteric Online or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks,
service marks, and trade names are proprietary to Esoteric Online or its affiliates and/or third-party
licensors. Except as expressly authorized by Esoteric Online, You agree not to sell, license, distribute,
copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or
otherwise make unauthorized use of the Materials or the Esoteric Online Platform. Esoteric Online reserves all
rights not expressly granted in these Terms.
13. Indemnification.
You agree to indemnify, save, and hold Esoteric Online, its affiliated companies, contractors, employees,
agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages,
liabilities, including legal fees and expenses, arising out of Your use or misuse of the Esoteric Online
Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants
made by You herein. Esoteric Online reserves the right, at Your expense, to assume the exclusive defense and
control of any matter for which You are required to indemnify Esoteric Online, and You agree to cooperate with
Esoteric Online's defense of these claims. Esoteric Online will use reasonable efforts to notify You of any
such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
14.1 No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ESOTERIC ONLINE, AND ITS AFFILIATES, PARTNERS,
AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ESOTERIC ONLINE OR THROUGH THE Esoteric
Online PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN
THIS SECTION 14, THE TERM ESOTERIC ONLINE INCLUDES ESOTERIC ONLINE'S OFFICERS, DIRECTORS, EMPLOYEES,
SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
14.2 "As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE ESOTERIC ONLINE PLATFORM IS AT YOUR SOLE RISK. THE EESOTERIC ONLINE
PLATFORM AND ANY DATA, INFORMATION, THIRD-PARTY SOFTWARE, CONTENT (INCLUDING COMMERCIAL CONTENT), REFERENCE
SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE Esoteric Online PLATFORM ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF
ANY KIND EITHER EXPRESS OR IMPLIED.
14.3 Platform Operation and User Content.
ESOTERIC ONLINE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE DATA, CONTENT
(INCLUDING COMMERCIAL CONTENT), FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE Esoteric Online
PLATFORM OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS
AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
14.4 Accuracy.
ESOTERIC ONLINE, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE Esoteric Online PLATFORM OR ANY REFERENCE SITES IN TERMS OF
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
14.5 Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA
THROUGH THE ESOTERIC ONLINE PLATFORM OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING WITHOUT LIMITATION YOUR COMPUTER SYSTEM OR
PORTABLE DEVICE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
14.6 Uploaded Content.
THE SECURITY MEASURES USED TO PROTECT USER CONTENT USED BY Esoteric Online HEREIN ARE USED IN CONJUNCTION WITH
THE USER CONTENT "AS-IS" AND WITH NO ASSURANCES THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE
SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF SUCH SECURITY
MEASURES.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ESOTERIC ONLINE OR ITS AFFILIATES,
CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF
ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING
OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS
(INCLUDING USER CONTENT AND COMMERCIAL CONTENT) ON THE Esoteric Online PLATFORM OR ANY REFERENCE SITES, OR ANY
OTHER INTERACTIONS WITH ESOTERIC ONLINE, EVEN IF Esoteric Online OR AN ESOTERIC ONLINE AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF ESOTERIC ONLINE OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT
OF OR RELATING TO THESE TERMS, YOUR USE OF THE Esoteric Online PLATFORM OR YOUR INTERACTION WITH OTHER ESOTERIC
ONLINE PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Esoteric Online PLATFORM DURING THE TWELVE (12) MONTHS
IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR
SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN ESOTERIC ONLINE AND
RECEIVED THROUGH OR ADVERTISED ON THE Esoteric Online PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT ESOTERIC ONLINE HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND
ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE
AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Esoteric Online, AND THAT THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Esoteric
Online. ESOTERIC ONLINE WOULD NOT BE ABLE TO PROVIDE THE ESOTERIC ONLINE PLATFORM TO YOU ON AN ECONOMICALLY
REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR
LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF
WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS
OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
16. United States Export Controls.
You agree to comply with all export laws and restrictions and regulations of the United States Department of
Commerce or other United States or other sovereign agency or authority, and not to export, or allow the export
or re-export of any software, technical data or any direct product thereof in violation of any such
restrictions, laws or regulations, or unless and until all required licenses and authorizations are obtained
with respect to the countries specified in the applicable United States Export Administration Regulations (or
any successor supplement or regulations). The transfer of certain technical data and commodities may require a
license from an agency of the United States government and/or written assurances by You that You will not
export such software, technical data, or commodities to certain foreign countries without prior approval of
such agency. Your rights under these Terms are contingent on Your compliance with this provision.
17. Miscellaneous.
17.1 Notice.
Esoteric Online may provide You with notices, including those regarding changes to Esoteric Online's terms and
conditions, by email, regular mail, or postings on the Esoteric Online Platform. Notice will be deemed given
twenty-four hours after email is sent, unless Esoteric Online is notified that the email address is invalid.
Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the
Esoteric Online Platform. In such case, notice will be deemed given three days after the date of mailing.
Notice posted on the Esoteric Online Platform is deemed given ten days following the initial posting.
17.2 Waiver.
The failure of Esoteric Online to exercise or enforce any right or provision of these Terms will not constitute
a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in
writing and signed by Esoteric Online.
17.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without
giving effect to any principles of conflicts of law.
17.4 Jurisdiction.
You agree that any action at law or in equity arising out of or relating to these Terms or Esoteric Online will
be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent
and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such
action.
17.5 Severability.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason
unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent
necessary and will not affect the validity and enforceability of any remaining provisions.
17.6 Assignment.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or
assigned by You, but may be assigned by Esoteric Online without restriction. Any assignment attempted to be
made in violation of these Terms shall be void.
17.7 Survival.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will
survive such termination or expiration, including, but not limited to, sections 6-17.
17.8 Headings.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and
will not be deemed to limit or affect any of the provisions hereof.
17.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and
Esoteric Online relating to the subject matter herein and will not be modified except in writing, signed by
both parties, or by a change to these Terms or Guidelines made by Esoteric Online as set forth in section 4
above.
17.10 Claims.
YOU AND Esoteric Online AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE Esoteric Online
PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
17.11 Disclosures.
The services are offered by Esoteric Online, email: support@EsotericOnline.net. If You are a California
resident, You may have this same information emailed to You by sending a letter to the foregoing address with
Your email address and a request for this information.