All materials on this website are copyrighted and are protected by U.S. and international copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, sold, resold, uploaded, posted, transmitted, or distributed in any way without Esker’s prior written permission. Except as expressly provided herein, Esker does not grant any express or implied rights to you under any patents, copyrights, trademarks, or trade secret information. Any software made available via download from this website is the copyrighted work of Esker and/or its suppliers. Use of such software is governed by the terms of the applicable software license agreement included on this website or within the software itself. Any reproduction or distribution of the software in violation of the applicable software license agreement is expressly prohibited by law and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the software to any other server or location for the purpose of reproduction and redistribution is expressly prohibited.
You agree not to knowingly: (i) use any device, software or technique to interfere with or attempt to interfere with the proper working of this website; (ii) post or transmit to this website any unlawful, fraudulent, harassing, or obscene information of any kind; (iii) post or send to this website any information that contains a virus, bug, or other harmful item; (iv) post or transmit into or on this website any information in violation of another party's copyright or intellectual property rights; (v) take any action which imposes an unreasonable or disproportionately large load on the underlying infrastructure; (vi) redeliver any of the content using "framing", hyperlinks, or other technology without Esker's express written permission; or, (vii) use any device or technology to provide repeated automated attempts to access password-protected portions of this website. Additionally, you acknowledge that Esker has the right, but not the obligation, to monitor this website and to disclose any information necessary to operate this website, to protect Esker and Esker’s customers, and to comply with legal obligations or governmental requests. Esker reserves the right to refuse to post or to remove any information on this website, in whole or in part, for any reason.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO LEGAL THEORY, CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, AND STRICT LIABILITY) OR OTHERWISE, SHALL ESKER BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO TO THE EXTENT NOT ALLOWED BY LAW, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Esker is EU-US and Swiss-US Privacy Shield Certified. Furthermore, if you are a resident of the State of California, U.S.A., you have rights under the California Consumer Privacy Act of 2018. For details on how Esker collects, uses, and stores personal information on this website as well as information on security, data retention, cookies, and opt-out options, please see https://www.esker.com/privacy-policy/.
PATENTS AND TRADEMARKS
Esker’s products and services are protected by one or more of the following United States patents and other patents pending: 6906817, 8094976, 8108764, 8396854, and 8577826. Esker owns or controls a variety of registered and unregistered product names, trade names, trademarks, service names, and service marks in France, the United States, and other countries of the world. The following is a non-exhaustive list that sets out some of Esker’s names and/or marks: DeliveryWare; Esker; Esker Fax; Esker logo; Esker On Demand; FlyDoc; Greendoc; Greenerdocs; Persoft; Quit Paper; SmarTerm; Smartmouse; TermSync; Tun; Tun Emul; Tun Plus; and VSI-FAX. To the extent a name or logo does not appear on this list does not constitute a waiver of any and all intellectual property rights that Esker has established in any of its products, features, service names, or logos. To ensure proper reference to our product names and trademarks, please send an email to firstname.lastname@example.org.
Esker may qualify as a “Business Associate” as defined by the Health Insurance Portability and Accounting Act of 1996 (“HIPAA”) as amended by the Health Information Technology for Economic and Clinical Health Act (The “HITECH ACT”), as Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (PUB. L. 111-5). A Business Associate” is an organization that performs certain services for a Covered Entity involving the use and/or disclosure of personal health information (“PHI”). Covered Entities and Business Associates are required to take measures to protect PHI. A Covered Entity may permit a Business Associate to create, receive, maintain, or transmit electronic PHI on the Covered Entity’s behalf only if the Covered Entity obtains satisfactory assurances that the Business Associate will appropriately safeguard the information. For more information on how Esker Products may help you comply with HIPAA and The HITECH ACT, please contact Esker by e-mail at email@example.com.
EXPORT CONTROL LAWS
You shall comply with all United States, European Union, and foreign export control laws or regulations applicable to the use of this website.
EFFECTIVE DATE; AMENDMENTS
December 30, 2019
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