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Terms and conditions of use

Welcome to our digital information network. These are our terms and conditions for use of the network, which you may access in several ways, including but not limited to the World Wide Web via escg.net, digital television, PDA, mobile phone and RSS feeds.

In these terms and conditions, when we say the "Empire State Consulting Group Site" we mean the digital information network operated by or on behalf of Empire State Consulting Group LLC or its parent companies, subsidiaries and affiliates (collectively "Empire State Consulting Group"), regardless of how you access the network. By accessing the Empire State Consulting Group Site, you agree to be bound by these terms and conditions whenever you access the Empire State Consulting Group Site on any device.

1. Registration

You may access registration areas of the Empire State Consulting Group Site by becoming a registered member and creating an account with us. You agree to be responsible for maintaining the confidentiality of your passwords or other account identifiers which you choose and all activities that occur under your account.

By registering on the Empire State Consulting Group Site, you agree that:

(i) your account and password are personal to you and may not be used by anyone else to access the Empire State Consulting Group Site;

(ii) you will not do anything which would assist anyone who is not a registered user to gain access to any registration area of the Empire State Consulting Group Site; and

(iii) you will not create additional registration accounts for the purpose of abusing the functionality of the site, or other users; nor will you seek to pass yourself off as another user.

You agree to notify us immediately if you become aware any unauthorized use of your password or account identifiers by others.

2. Termination of registration

If you no longer wish to have a registered account, you many terminate your account by sending an email to notify@escg.net.If you no longer accept these terms and conditions, or any future modification to these terms and conditions, you must cease using the Empire State Consulting Group Site. Continued use of the Empire State Consulting Group Site indicates your continued acceptance of these terms and conditions.

If, for any reason, we believe that you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Empire State Consulting Group Site immediately and without prior notice.

We may terminate your registered account, at our sole discretion, by emailing you at the address you have registered stating that the agreement has terminated.

3. Use of material appearing on the Empire State Consulting Group Site

Your use of the Empire State Consulting Group Site is for your own personal and non-commercial use only. You acknowledge that, as between Empire State Consulting Group and you, except for user content and advertisements (as discussed below), Empire State Consulting Group is the sole owner of all content on the Empire State Consulting Group Site, including, without limitation, all applicable copyrights, patents, trademarks, trade secrets, trade names, logos, and other intellectual property rights thereto, as well as text, images, graphics, logos, audio, video and other material appearing on the Empire State Consulting Group Site ("Empire State Consulting Group Content"). The Empire State Consulting Group Site and the Empire State Consulting Group Content are protected by the copyright laws and other intellectual property laws of the United States and are protected globally by applicable international copyright treaties.

You may download and print extracts from the Empire State Consulting Group Content for your own personal and non-commercial use only, provided you maintain and abide by any author attribution, copyright or trademark notice or restriction in any material that you download or print. You may not use any Empire State Consulting Group Content for any other purpose without our prior written approval. Except as expressly authorized by the Empire State Consulting Group, you are not allowed to create a database in electronic or paper form comprising all or part of the material appearing on the Empire State Consulting Group Site.

If you wish to use our content other than as permitted by these terms and conditions, please contact us at notify@escg.net.

For all other inquiries about distribution or reproduction of the materials, please contact us at notify@escg.net.

4. Disclaimer of liability

To the extent permitted at law, we do not accept any responsibility for any statement in the Empire State Consulting Group Content. Nothing in the Empire State Consulting Group Content is provided for any specific purpose or at the request of any particular person. For the avoidance of confusion, we will not be liable for any loss caused as a result of your doing, or not doing, anything as a result of viewing, reading or listening to the Empire State Consulting Group Content or any part of it. You can access other sites via links from the Empire State Consulting Group Site. These sites are not under our control and we are not responsible in any way for any of their contents.

We give no warranties of any kind concerning the Empire State Consulting Group Site or the Empire State Consulting Group Content. In particular, we do not warrant that the Empire State Consulting Group Site or any of its contents is virus free. You must take your own precautions in this respect as we accept no responsibility for any infection by virus or other contamination or by anything which has destructive properties.

Although we will do our best to provide constant, uninterrupted access to the Empire State Consulting Group Site, we do not guarantee this. We accept no responsibility or liability for any interruption or delay.

5. Third party advertising on the Empire State Consulting Group Site

You will see advertising material submitted by third parties on the Empire State Consulting Group Site. Each individual advertiser is solely responsible for the content of its advertising material. We accept no responsibility for the content of advertising material, including, without limitation, any error, omission or inaccuracy therein.

If you want to advertise on the Empire State Consulting Group Site, please email the user help team at notify@escg.net, and they will pass your details on to our advertising sales team.

6. User content

Users of our site may be permitted to submit content for publication in various areas of the Empire State Consulting Group Site. Interactions with our site are governed by our Community Standards and Participation Guidelines accessible at Empire State Consulting Group.co.uk/community-standards which are incorporated in these terms and conditions. You will be deemed to consent to these guidelines, and these terms and conditions, if you choose to post any content or comments to the Empire State Consulting Group Site.

When you submit content to us, you agree and represent that you have created this content, or you have received permission from, or are authorized by, the owner of any part of the content to submit it to the Empire State Consulting Group Site.

You or the owner of the content still own the copyright in the content sent to us, but by submitting content to us, you are granting us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, publish or transmit, or to authorise third-parties to use, publish or transmit your content in any format and on any platform, either now known or hereinafter invented.

You acknowledge and agree that when you post content on the Empire State Consulting Group Site or view content provided by others, you are doing so at your own discretion and risk, including any reliance on the accuracy, completeness, of this content. You further acknowledge and agree that the views expressed by you and other users in this content do not necessarily reflect the views of Empire State Consulting Group, and we do not support or endorse any user content. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Empire State Consulting Group Site.

We, or authorized third parties, reserve the right to refuse to publish, cut, crop or edit your content at our or their sole discretion. We may remove your content from use at any time.

We accept no liability in respect of any content submitted by users and published by us or by authorized third-parties.

You warrant that the content you submit to us is not obscene, threatening, harassing, libelous, deceptive, fraudulent, invasive of another's privacy, offensive, defamatory of any person or otherwise illegal. You warrant that the content you submit to us does not infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or privacy right of any party or individual. You agree not to (i) post content which is deliberately intended to upset or harm other users; (ii) use the Empire State Consulting Group Site to post or otherwise transmit content that victimises, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification, including, without limitation, religion, gender, sexual orientation, race, color, creed, ethnicity, national origin, citizenship, age, marital status, military status or disability; (iii) post or otherwise transmit any content that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Empire State Consulting Group Site or any computer software or hardware or telecommunications equipment; (iv) upload or otherwise transmit any content, or take any other actions with respect to your use of the Empire State Consulting Group Site, that would constitute, or would otherwise encourage, criminal conduct or give rise to civil liability; or (v) use the Empire State Consulting Group Site for commercial purposes, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services.

You understand that the technical processing and transmission of the Empire State Consulting Group Site may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Empire State Consulting Group assumes no responsibility for the deletion or failure to store postings of content or other information submitted by you or other users to the Empire State Consulting Group Site.

Any queries regarding copyright and your content should be directed in the first instance to notify@escg.net.

7. Apps

You may download Apps either from Empire State Consulting Group Sites or which are Empire State Consulting Group Content. All of the terms set out in the first and second paragraphs of Section 3, above, apply to your use of the Apps.

In addition to the limitations on our liability set out in Section 4, above, we shall not be liable for any damage caused to or interference with any equipment or other Apps or content of any description.

8. Data protection

Please see our privacy policy for details of how personally identifiable information is collected and may be processed or shared with others. You will find the complete online Privacy Policy at SITEROOT ."/";?>disclosure/privacy-policy.php.

9. Changes to these terms and conditions of use

Please note that we may change these terms and conditions from time to time at our sole discretion and we reserve the right to do without your consent. Any revised terms and conditions will be applicable at the time of posting on the Empire State Consulting Group Site. Please ensure that you review these terms and conditions regularly as you will be deemed to have accepted a variation if you continue to use the Empire State Consulting Group Site after it has been posted.

10. Governing law & jurisdiction

This agreement is governed by the governed by the laws of the United States of America and the laws of the State of New York. You agree that exclusive jurisdiction for any claim or dispute with Empire State Consulting Group or relating in any way to your use of the Empire State Consulting Group Site resides in the courts of the County of New York, State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the County of New York, State of New York, in connection with any such dispute and including any claim involving Empire State Consulting Group LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. You agree that any cause of action or claim that you may have with respect to your use of the Empire State Consulting Group Site must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.

11. Indemnification

You agree to defend, indemnify, and hold harmless Empire State Consulting Group, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, and employees from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out a breach by you or any user of your account of these terms and conditions or privacy policy or arising out of a breach of your obligations, representation and warranties under these terms and conditions.

12. No waiver

Our failure to insist upon or enforce any provision of these terms of service shall not be construed as a waiver of any provision or right of Empire State Consulting Group.

13. Additional restrictions on user content

In addition to the terms in Section above, you agree not to use the Empire State Consulting Group Site to upload, post, e-mail, or otherwise transmit any content that you do not have a right to transmit under any law or regulation or under any contractual or fiduciary relationship (such as insider information, intellectual, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements and to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any rules, regulations, orders, directives and the like having the force of law).

14. DMCA notice

If you are a US copyright owner or an agent of a US copyright owner and believe that any user content or other content on the Empire State Consulting Group Site infringes upon your copyrights, you may submit a notification pursuant to Title 17, United States Code, Section 512(c)(3), the Digital Millennium Copyright Act ("DMCA") by providing our designated copyright agent with the following information in writing:

(i) identification of the copyrighted work or works claimed to have been infringed;

(ii) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;

(iii) your contact information including name a address, telephone number, and, if available, an email address;

(iv) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the work, its agent, or the law;

(v) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and

(vi) your physical or electronic signature;

Empire State Consulting Group's designated copyright agent to receive notifications of claimed infringement is: notify@escg.net. Only DMCA notices should go to the designated copyright agent. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

15. Additional disclaimers

Visitors to the Empire State Consulting Group Site agree that their use of the Empire State Consulting Group Site is at their own sole risk. The Empire State Consulting Group Site is provided "as is" and "as available," without warranty of any kind, either express or implied including but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the Empire State Consulting Group Site; and (ii) any warranties of title, warranty of non-infringement, or warranties of merchantability or fitness for a particular purpose. Empire State Consulting Group also makes no representations and warranties as to any linked sites and Empire State Consulting Group has no liability or responsibility with respect to your use of such sites. In some instances, content made available on the Empire State Consulting Group Site may represent the opinions and judgments of providers or users, such as user content. Empire State Consulting Group and its affiliates do not endorse nor shall they be responsible or liable for the accuracy or reliability of any statement made on the Empire State Consulting Group Site by anyone other than authorized Empire State Consulting Group employees acting in such capacity. This disclaimer of liability applies to any damages or injuries caused by the Empire State Consulting Group Site, including, without limitation, those damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content available on the Empire State Consulting Group Site; or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of records, information or data, unauthorized access to, alteration of, or use of records, information or data, whether for breach of contract, tort, negligence, defamation, or any other cause of action. Empire State Consulting Group does not warrant or guarantee that access to the Empire State Consulting Group Site will be uninterrupted or error-free. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

16. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN NO EVENT WILL EMPIRE STATE CONSULTING GROUP OR ITS AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR: (i) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE EMPIRE STATE CONSULTING GROUP SITE, EVEN IF EMPIRE STATE CONSULTING GROUP SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE EMPIRE STATE CONSULTING GROUP SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, EMPIRE STATE CONSULTING GROUP'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING EMPIRE STATE CONSULTING GROUP'S LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).


Empire State Consulting Group

Founded in 1999, ESCG has evolved from being a database consultant to a full-blown development agency. From app development to custom servers to helping you move your office, we've got the staff, consultants, and know-how to solve your toughest technical challenges.

Contact Us

Empire State Consulting Group
PO BOX 892
Beacon, NY 12508 US
+1 (212) 729-3495
+1 (212) 203-5146 (fax)
info@escg.net

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