Introduction
Welcome to the East Seattle Partners, LLC’s (“ESP”) website (“Site”). These Website Terms & Conditions of Use (“Terms of Use“) apply to your access to and use of the Site and the features and applications accessible through the Site (collectively, the “Features“). These Terms of Use are in addition to the terms and conditions of any other agreement you may have with ESP, including, without limitation, the terms and conditions of ESP’s Privacy Policy, as it may be amended from time to time.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING ANY OF THE SITE OR FEATURES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH ESP, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. BY YOUR ACCESS TO OR USE OF THE SITE OR ANY OF THE FEATURES YOU UNCONDITIONALLY AND IRRIVOCABLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE FEATURES.

Modifications to Terms of Use
ESP may change, modify or remove any provision of these Terms of Use, at any time and in its sole discretion. If ESP changes or modifies these Terms of Use, it will post the changes on the then current version of these Terms of Use and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site or the Features following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of the Terms of Use as modified. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Site and the Features.

Privacy Policy
Please refer to the ESP Privacy Policy for information on how ESP collects information, if at all, and how it uses and discloses any information collected on the Site.

Copyright and Limited License
Except as provided in these Terms of Use or as otherwise indicated on the Site, the Site, the Features and all content and other materials on the Site, including without limitation, all designs, text, graphics, creative, images, information, data, software, routines, documentation, technology, and digital files, as well as the selection and arrangement thereof (collectively, the “Site Materials“) are the intellectual and proprietary property of ESP or its licensors and are protected by U.S. and international copyright, trademark, trade secret and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site Materials incorporated in the Site and the Features for your informational, non-commercial and personal use only. Such license is subject to these Terms of Use and any other applicable terms and conditions. Except as explicitly permitted under these Terms of Use or agreed to by ESP, no portion or element of the Site or Site Materials may be copied or retransmitted via any means and the Site, the Site Materials and all related rights shall remain the exclusive property of ESP or its licensors. You may not remove any copyright, trademark or other proprietary notices from any Site Materials.

Any use or attempted use of the Site, the Site Materials or the Features other than as specifically authorized herein, without the express prior written permission of ESP or its licensors, is strictly prohibited and will, among other things, automatically terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in ESP’s sole discretion.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Site, we may act as a “Features provider” (as defined by the DMCA) and offer Features as an online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Site. If you believe any material available via the Site infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e. proper party for notice) to whom you should address infringement notices under the DMCA is Elizabeth Sherland, Project Manager, elizabeth@eastseattlepartners.com, 2856 80th Avenue SE, Suite 102, Mercer Island, WA 98040.

Trademarks

All logos and any trademark, service mark or slogan contained on the Site are trademarks or service marks of ESP or its investments, vendors or licensors, and may not be copied, imitated or used, in whole or in part, without the express prior written permission of ESP or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service marks, trademarks and/or trade dress of ESP and may not be copied, imitated or used, in whole or in part, without ESP’s express prior written permission. All other trademarks, service marks, logos, and commercial names published on the Site are the property of their respective owners. Reference to any entity, Features, processes or other information, by tradename, trademark, publisher, service provider, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ESP.

Hyperlinks
ESP makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party website accessible by hyperlink from the Site, or website linking to the Site. Such websites are not under the control of ESP and ESP is not responsible for the contents of any linked site or any link contained in a linked site, for the products or services available on or through such site, or for changes or updates to such site. ESP provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by ESP of any site, the products or services available on or through any site, or any information contained therein. When you leave the Site, these Terms of Use will no longer govern your Internet browser session. Your use of any site to which you navigate from the Site will be subject to that site’s terms of use, if any, and its privacy and data gathering and usage policies. It shall be your sole responsibility to review the applicable terms and policies, including privacy and data gathering and usage practices, of any site to which you navigate from the Site.

Third Party Content and Applications
In addition to the Site Materials, our Site may include third party content and may provide links to websites and content of third parties (collectively the “Third Party Content“) as a service to those interested in this information. The views expressed in such Third Party Content are those of the creators thereof and are not, and should not be construed as, the views of ESP. In addition, the Site may include certain applications, features, programs and services provided by third parties (the “Third Party Applications“). ESP does not monitor Third Party Content or Third Party Applications and makes no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. ESP is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is” and “where is”. Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider(s) of the Third Party Applications, and you agree to fully comply with all such additional terms, conditions and agreements. Your use of Third Party Content and Third Party Applications is at your own risk.

Third Party Products and Services
ESP may provide on the Site images of, information about and/or links to third party products and services, including without limitation, images, information and/or links to third-party entities in which an ESP-affiliated entity may hold an interest. Your personal or commercial relationship with such third parties, your use of the products or services of such third parties, and any terms, conditions, warranties or representations associated with such relationship or use are solely between you and such third party. ESP is not responsible or liable for any loss, damage or injury of any sort incurred as the result of (i) any such relationship or use, or (ii) the presence of such third-party images, information and/or links on the Site.

Representations; User Data; Security
In consideration of your use of any of the Site and the Features, you represent and warrant that you are of legal age to form a binding contract. In consideration of your use of any of the Site and Features, you agree to:

  • provide accurate, current and complete information about you as may be prompted by any form or function on the Site (“User Data“);
  • maintain and be solely responsible for the security of your User Data; and
  • accept all risks of unauthorized access to or use of your User Data and any other information you provide to ESP.

Submissions Relating to Site, Features or Investments
You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, requests, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Site, the Features, ESP or any potential or actual investment or opportunity to invest provided or submitted by you for any reason, in whatever form, or any other submissions to ESP by or through any means, including any form of digital communication, are non-confidential and shall be the sole property of ESP, and that upon submission of such materials to ESP you thereby assign without additional consideration all right, title and interest you may hold in such materials to ESP. ESP shall own exclusive rights, including all intellectual property rights, in such materials and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to or review by you.

Indemnification
You agree to defend, indemnify and hold harmless ESP, its affiliated entities, independent contractors, service providers and consultants, and each of their respective officers, managers, directors, employees, shareholders, members and agents (together, “Indemnified Parties”), from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site, the Features, the Site Materials, the Third Party Content and any Third Party Applications, including without limitation, any actual or threatened suit, demand or claim made against the Indemnified Parties, or any of them, arising out of or relating to your conduct, your use of the Site, the Features, the Site Materials, the Third Party Content and/or any Third Party Applications, your violation of these Terms of Use or the ESP Privacy Policy, as each may be amended from time to time, or your violation of any laws, regulations or third party rights.

Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ESP, THE SITE, THE FEATURES, AND ALL CONTENT OR SERVICE MADE AVAILABLE ON, CONTAINED IN, OR ACCCESSED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS WITHOUT WARRANTY BY ESP OF ANY KIND, EITHER EXPRESS OR IMPLIED. ESP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE FEATURES, INFORMATION AND CONTENT ON THE SITE. ESP DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND OTHER MATERIALS ON THE SITE OR THE FEATURES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR- OR DEFECT-FREE. ESP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESP IS NOT RESPONSIBLE FOR TYPOGRAPHICAL OR REPRODUCTION ERRORS OR OMISSIONS RELATING TO TEXT, IMAGES OR OTHER CONTENT PUBLISHED ON THE SITE. WHILE ESP ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE FEATURES SAFE, ESP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE FEATURES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability
IN NO EVENT WILL THE INDEMNIFIED PARTIES, OR ANY OF THEM, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, COMPENSATORY, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, LOSS OF SAVINGS, LOSS OF DATA, INJURY TO PERSON OR PROPERTY OR DEATH, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE FEATURES, THE SITE MATERIALS, THE THIRD PARTY CONTENT OR THE THIRD PARTY APPLICATIONS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM ESP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF DATA, FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS OR INTERNET FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE SITE OR FEATURES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ESP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED THE SUM, IF ANY, CHARGED BY OR PAID TO ESP FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
These Terms of Use and your use of the Site and the Features shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and performed entirely within the State of Washington, without resort to its conflict of law provisions. You agree that any action at law, contract or in equity arising out of or relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

Termination
Notwithstanding any provision of these Terms of Use, ESP reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, the Features, the Site Materials or any portion of any of the foregoing, and to block or prevent your future access to and use of the Site or any of the Features or Site Materials.

Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information
Questions or comments about the Site may be directed to ESP at info@eastseattlepartners.com.

Effective as of: 12/05/17
Date of Last Revision: 12/05/17

 

 

 

Contact us

We are located at 2856 80th Ave SE, Mercer Island, WA 98040. The best way to contact us is through a personal connection.