TERMS OF USE
These Terms of Use apply to the Essex National Securities, Inc. ('ENSI') web site (ensinet.com), and all associated sites and online applications linked to ensinet.com by ENSI (collectively, the 'Site'). The Site is the property of ENSI and BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
ENSI reserves the right to modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically and by using the Site you agree to any changes in Terms of Use.
Content, Images, Code
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All information, images, code and design (collectively, 'Content') contained on the Site is owned, controlled or licensed by or to ENSI, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including 'mirroring') to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ENSI's express prior written consent.
Using the Site
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You may not use any 'deep-link', 'page-scrape', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. ENSI reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any ENSI server, or to any of the services offered on or through the Site, by hacking, password 'mining' or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of ENSI, including any ENSI account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ENSI's systems or networks, or any systems or networks connected to the Site or to ENSI.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ENSI on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ENSI or others.
Other Terms and Conditions
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Additional terms and conditions may apply to specific services available via the Site, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
ENSI's obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
Authentication & Credentials
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Certain features or services offered on or through the Site may require you to log in using your User ID and Passphrase. You are entirely responsible for maintaining the confidentiality of your login and contact information, including your password, and for any and all activity that occurs under your account. You agree to notify ENSI immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ENSI or any other user of or visitor to the Site due to someone else using your log in information.
You may not use anyone else's or provide your User ID and Passphrase to others to gain access to the Site. ENSI cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Online Privacy Policy
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ENSI's Online Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference.
Links to Other Sites
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This Site may contain links to other independent third-party Web sites (�Linked Sites�). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under ENSI's control, and ENSI is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
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ENSI reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
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Except where prohibited by law, in no event will ENSI be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if ENSI has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, ENSI is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, ENSI's liability shall in no event exceed the total of any access fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against ENSI. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
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You agree to indemnify and hold ENSI, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against ENSI by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
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ENSI may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) ENSI's rights or property, or the rights or property of visitors to or users of the Site, including ENSI's customers. ENSI reserves the right at all times to disclose any information that ENSI deems necessary to comply with any applicable law, regulation, legal process or governmental request. ENSI also may disclose your information when ENSI determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that ENSI may preserve any transmittal or communication by you with ENSI through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or ENSI determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of ENSI, its employees, users of or visitors to the Site, and the public.
You agree that ENSI may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
Who to Contact
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Should you have any questions or concerns about these Terms of Use, please contact us at:
Information Technology - Privacy
Essex National Securities, Inc.
550 Gateway Drive, Suite 210
Napa, CA 94558
Local/International: (707) 258-5000
Toll-Free: (800) 272-4742
websupport@ensinet.com
[Revised July 2008]