Terms of service
Thank you for using Essence Intelligence Services. By accessing the Essence Intelligence website (the “Site”) or using the services offered by Essence Intelligence, INC in accordance with the written price proposal provided to you by Essence Intelligence (the “Services”) in case you entered into such, being “Principal Customer” under this agreement, or in accordance with Essence Intelligence approval under such proposal, in case you are a customer of a Principal Customer (“Customer of Customer”) you agree and acknowledge to be bound by these terms of Services (the “Terms”). You may not use the Services if you do not accept the Terms. If you do not accept and agree to these Terms, please do not access the Site or use the Services. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Essence Intelligence , or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.
Essence Intelligence reserves the right to change these Terms at any time. We recommend that you periodically check this Site for changes.
1. Usage License
Essence Intelligence grants you a limited non transferable license to access the Site and use the Services in accordance with these Terms and the instructions and guidelines posted on the Site, for the purpose of managing research tasks or consuming and processing information. All rights to use the Site and Services are provided on a non exclusive basis. Essence Intelligence reserves the rights to terminate your license to use the Site and Services at any time and for any reason or, in the future, charge for commercial usage.
2. User Responsibility
2.1 By using the Services, you represent and warrant that (a) you are 18 years of age or older; and (b) your use of the Services does not violate any applicable law or regulation. Your account may be terminated without warning, if we believe that you are under 18 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
2.2 When you sign up to Essence Intelligence, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify Essence Intelligence immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
2.3 You are solely responsible for your use of the Site and Services. Because Essence Intelligence merely serves as a repository of information, website content and user-posted content does not represent the advice, views, opinions or beliefs of Essence Intelligence , and Essence Intelligence makes no claim of accuracy of any website or user-posted material.
2.4 Essence Intelligence archives links to third-party websites. The linked websites’ content, business practices and privacy policies are not under our control, and we are not responsible for the content of any linked website or any link contained in a linked website. The inclusion of a link on the Site or Services does not imply any endorsement by or any affiliation with Essence Intelligence. In accessing the Site and Services or following links to third-party websites you may be exposed to content that you consider offensive or inappropriate. You agree that your only recourse is to stop using the Site and Services.
3. Confidential Information and Non-Disclosure
3.1 The term “Confidential Information” shall include all information provided by Essence Intelligence to you, or your affiliates, employees, officers, directors, agents or representatives, including without limitation, the Web Site and any and all of Essence Intelligence’s design specifications, drawings, written manuals, software programs, business plans, financial information, technical and marketing information and evaluations, service plans and customer information designated orally or in writing as confidential or otherwise which by its nature should be considered confidential. For purposes herein, Essence Intelligence shall be deemed the “Disclosing Party” and you shall be deemed the “Receiving Party.” Confidential Information shall not include information which can be demonstrated: (a) to have been rightfully in the possession of the Receiving Party from a source other than the Disclosing Party prior to the time of disclosure of said information to the Receiving Party (“Time of Disclosure”); (b) to have been in the public domain prior to the Time of Disclosure; (c) to have become part of the public domain after the Time of Disclosure by a publication or by any other means, except an unauthorized act or omission or breach of this Agreement on the part of the Receiving Party, or its employees; (d) to have been supplied to the Receiving Party after the Time of Disclosure without restriction by a third party who is under no obligation to the Disclosing Party to maintain such information in confidence; (e) to be required to be disclosed by law or court order, provided that the Receiving Party shall provide the Disclosing Party with prompt notice sufficient for the Disclosing Party to have a reasonable opportunity to prevent such disclosure and shall use best efforts to limit the information to be disclosed, or (f) to have been independently developed by the Receiving Party, provided that any persons developing same have not had access to Confidential Information and have written evidence demonstrating such independent development.
3.2 If the Receiving Party or any of its affiliates, employees, officers, directors, agents or representatives shall attempt to improperly use or knowingly disclose any of the Confidential Information, the Disclosing Party shall have the right, in addition to such other remedies which may be available to it, to injunctive relief enjoining such acts or attempts; it being acknowledged that legal remedies are inadequate.
4. Principal Customer- Warranty; Limitation of Liability
4.1 ESSENCE INTELLIGENCE WARRANTS THAT IT HAS THE RIGHT TO PROVIDE THE PLATFROM AND PROFESSIONAL SERVICES. NO OTHER WARRANTIES ARE MADE AND NO RESPONSIBILITY OR LIABILITY WILL BE ACCEPTED BY ESSENCE INTELLIGENCE WITH RESPECT TO THE CAMPAIGN MANAGEMENT SERVICES. ALL CAMPAIGN MANAGEMENT SERVICES ARE PROVIDED “AS IS”.
4.2 THE WARRANTY SET FORTH IN SECTION 4.1 IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY ESSENCE INTELLIGENCE UNDER THIS AGREEMENT. ESSENCE INTELLIGENCE EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY EXPRESSLY WAIVES, ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. ESSENCE INTELLIGENCE DOES NOT WARRANT THAT THE SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED. ESSENCE INTELLIGENCE’S LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF ESSENCE INTELLIGENCE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED UNDER THIS AGREEMENT. EXCEPT FOR THE ABOVE LIMITED WARRANTY, THE ENTIRE RISK OF THE CAMPAIGN MANAGEMENT SERVICES IS WITH CUSTOMER.
4.3 IN NO EVENT SHALL ESSENCE INTELLIGENCE BE LIABLE TO CUSTOMER, ITS EMPLOYEES, AGENTS OR ANY OTHER THIRD PARTIES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF OR DAMAGE TO RECORDS OR DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, REVENUE AND/OR PROFITS, SUSTAINED OR INCURRED REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING WITHOUT LIMITATION NEGLIGENCE, STRICT LIABILITY, INDEMNITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN AND REGARDLESS OF WHETHER ESSENCE INTELLIGENCE HAD RECEIVED NOTICE OR HAD BEEN ADVISED, OR KNEW OR SHOULD HAVE KNOWN, OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITATION OF THE FOREGOING, ESSENCE INTELLIGENCE’S MAXIMUM LIABILITY FOR ANY AND ALL LOSSES OR DAMAGES (INCLUDING WITHOUT LIMITATION ANY LEGAL FEES OR EXPENSES) INCURRED BY CUSTOMER IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE FEES FOR THE CAMPAIGN MANAGEMENT SERVICES (AND ANY ADDITIONAL SERVICES, IF APPLICABLE) ACTUALLY PAID TO ESSENCE INTELLIGENCE BY CUSTOMER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATE PRECEDING THE EVENT CREATING SUCH LIABILITY. IN NO EVENT SHALL ESSENCE INTELLIGENCE BE LIABLE FOR ANY CLAIM THAT AROSE MORE THAN ONE (1) YEAR PRIOR TO THE INSTITUTION OF A SUIT THEREON.
5. Customer of Customer – No Warranty; Limitation of Liability
ESSENCE INTELLIGENCE PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ESSENCE INTELLIGENCE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLEIMER MAY NOT APPLY TO YOU. YOU UNDERSATND AND AGREE THAT YOU USE THE SITE AND SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT ARISE FROM SUCH USE. UNDER NO CIRCUMSTANCES SHALL ESSENCE INTELLIGENCE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT ESSENCE INTELLIGENCE HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH ESSENCE INTELLIGENCE SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. SOME STATES DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVEEXCLUSIONS MAY NOT APPLY TO YOU.
6. Intellectual Property (Trademarks & Copyrights)
Essence Intelligence, the Essence Intelligence logo and the Essence Intelligence design are trademarks or trade dress of Essence Intelligence, and may not be used without express written permission from Essence Intelligence, other than for attribution. All other trademarks not owned by Essence Intelligence that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Essence Intelligence.
Essence Intelligence-originated content included on the Site, such as text, graphics, logos, software and the compilation of all content on the Site, is the property of Essence Intelligence and its licensors and protected by international copyright laws. Except as set out in these Terms, no reproduction of any Essence Intelligence-originated content is permitted without written permission from Essence Intelligence.
It is Essence Intelligence’s policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law and to terminate the accounts of repeat infringers.
These Terms are governed by the laws of the United Stateswithout reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. Any notices must be sent to Essence Intelligence in English at firstname.lastname@example.org .
Digital Millennium Copyright Act
Essence Intelligence respects the intellectual property of others, and we ask our users to do the same. It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information that should be present in these notices. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov).
Regardless of whether we may be liable for such infringement under local country law or United States law, our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating user accounts. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content. We may also document notices of alleged infringement on which we act. Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party which may publish and/or annotate it. Your letter (with your personal information removed) may be forwarded to Chilling Effects for publication and a link to your published letter may be displayed on Essence Intelligence in place of the removed content.
To file a notice of infringement with us, you must provide a written communication (by fax or regular mail only–not by email) that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (or other information sufficient to specify the copyrighted work being infringed.
- Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must provide the URL to each Essence Intelligence page that allegedly contains infringing material.
- Provide your address, telephone number, and email address such that Essence Intelligence can contact you.
- Provide information, if possible, sufficient to permit Essence Intelligence to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
- Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the paper.
- Send the written communication to the following email address: email@example.com
Essence Intelligence, INC.