Terms and Conditions
TES Franchising, LLC., our affiliates, or assignees, (hereinafter “TES,” “us,” “our,” “we”) operates and hosts a website located at https://esourcecoach.com (the “Website”).
These User Terms and Conditions (“Terms”) govern your rights and responsibilities as a user of the Website, any other website referencing these Terms, which is owned and/or operated by us and any of our social media accounts or webpages (“Social Media”). “You” or “Customer” means any individual or entity that uses the Website or Social Media. As used in these Terms, the word “Sites” shall include TES’s Website, Social Media, and any other applications or platforms offered by us.
Please read these Terms carefully. These Terms govern your use of the Sites. By accessing the Sites, you accept and agree to be bound and abide by these Terms.
We reserve the right to change, modify, discontinue, and/or eliminate the Sites and/or all or any portion of these Terms or any policy, at any time at our sole discretion. Any changes or modifications will be effective immediately upon posting the changes on the Sites. You waive any right you may have to receive specific notice of such changes or modifications, except as required by law. Your use of the Sites confirms your acceptance of these Terms and any changes or modifications to these Terms. You should review these Terms and our policies frequently to understand the terms that apply to the Sites. If any change or modification to the Terms or Sites is unacceptable to you or causes you to no longer be in compliance with the Terms, you must cease using the Sites and, if applicable, terminate your account. By continuing to utilize the Sites after changes are implemented, you agree to be bound by any changes.
License. Subject to the terms and conditions hereof, we grant you a non-exclusive license to use the Sites, including any documentation files accompanying the Sites (“Documentation”).
Intellectual Property. You have no ownership rights in any of the Sites or Documentation. We solely own and control all copyright and intellectual property rights on the Sites and in the Documentation or have received the permission to use them from other third parties. We do not grant or imply any ownership of the Sites or Documentation to you. You may view the content on the Sites on your personal computer or other internet device and make copies or prints of the content on the Sites for your personal, non-commercial use only or if you are a franchisee, as permitted in your franchise agreement. You may not otherwise copy, reproduce, distribute or otherwise exploit any content, code, data or materials on the Sites. If you make other use of the Sites, except as otherwise provided above, you may violate copyright and other laws of the United States and other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trade names, trademarks, service marks or other marks or logos, or those of our partners, without our separate express written agreement. Third-party marks are the property of their respective owners.
Links from our Sites. Our Sites may contain links to other third-party websites maintained and operated by persons and/or companies other than us. We provide these links for your assistance and information. The existence of a linked website does not constitute an endorsement by us of the website or its content, products, services, advertising or other materials. You understand and agree that we are not responsible or liable, directly or indirectly, for the availability or content of any linked website – or for any of the goods, services, or advertising available from these sites.
User Accounts. We may enable you to establish an account on the Sites with a username and password. If so, you are responsible for maintaining the strict confidentiality of your account password, and you are responsible for any activity under your account and password. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and notify us when you desire to cancel your account on the Sites. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Usage Restrictions. Use of the Sites for the any of the following purposes or activities is strictly prohibited: a) conducting or supporting illegal activity of any type whatsoever; b) transmitting or storing worms or viruses or any code of a destructive nature; c) threatening, harassing, abusing, impersonating, injuring or intimidating others; d) interfering with others’ use of the Sites, unless such interference is for the purpose of complying with another section of these Terms; e) delivering spam or collecting information to deliver spam, or sending unsolicited email advertisements; f) decompiling, disassembling, reverse engineering or otherwise attempting to discover any source code contained in the Sites; g) disguising the origin of any content transmitted through the Sites or manipulating your presence on the Sites; h) causing the launch of any automated system(s) that accesses the Sites in a manner that sends more request messages to servers of the Sites in a given period of time than a human can reasonably produce in the same period using a conventional online web browser; i) violating the legal rights of others, including defaming, abusing, stalking or threatening users or infringing our or any third party’s intellectual property rights, moral rights, or other rights; j) using or accessing another user’s account or password without permission or under false pretenses.
Indemnification. You shall indemnify us, our affiliates, employees, shareholders, officers, directors, and agents from and against any and all third-party allegations (even though such allegations may be false, fraudulent, or groundless) asserted in any claim, action, lawsuit, investigation or proceeding, whether actual or alleged, arising out of or related in any way to (i) your breach of these Terms; (ii) your use of the Sites or any content in a manner that may violate any third-party intellectual property, moral or contractual rights; or (iii) your use of the Sites or any content in violation of any law, regulation or court order.
No Warranty. ALL CONETENT, MATERIALS AND SERVICES PROVIDED ON THE SITES ARE PROVIDED “AS-IS” AND “AS AVIALABLE.” WE EXPRESSLY DISCLAIM ANY WARRANTIES (INCLUDING WITH REGARD TO THE PERFORMANCE OF THE SITES OR THE SUBSTANCE OF THE CONTENT OR DOCUMENTATION), INCLUDING, WITHOUT LIMITATION, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. ANY RELIANCE ON THE SITES, CONTENT, OR DOCUMENTATION IS AT YOUR OWN RISK, AND WE DO NOT AND SHALL NOT ACCEPT ANY LIABILITY FOR THE SITES, THE CONTENT, OR THE DOCUMENTATION.
Limitation of Liability. By use of the Sites, you agree that we have no responsibility or liability for any expense, loss, cost, injury, damage, or any other matter or thing whatsoever, however suffered or caused arising out of or related to the Sites or these Terms, including without limitation: (i) any failure, delay, or decision by us in administering the Sites or these Terms, including amendments thereto; or (ii) unauthorized use by any third party of your account or login.
We and you agree that recovery of damages on any claim arising out of or relating to your participation in the Sites or these Terms, to the fullest extent permitted by law, shall be limited to actual and direct damages, and may not include any indirect, special, consequential, enhanced, or punitive damages, and we and you both hereby waive the right to seek or recover any indirect, special, consequential, enhanced, or punitive damages. Any liability we may have to you for any negligence, breach of contract or otherwise, is limited to crediting your account for purchases made through the Sites.
Unless otherwise required by law, an action or proceeding by you to enforce an obligation, duty or right arising under these Terms or by law must commence within one year after the cause of action accrues.
NOTE: In some jurisdictions, the law does not permit limitations on implied warranties or the limitation or exclusion of certain types of damages. If those laws are applicable to you, some or all of the foregoing limitations and waivers may not apply to you. In that event, the limitations and waivers shall be applicable to the fullest extent permitted by law.
Extension to Related Entities / Persons and Survival. These limitations and waivers are intended to be construed broadly and shall apply to any and all claims arising out of or relating to your participation in the Sites.
Governing Law; Venue. The Sites and Terms are governed exclusively by the laws of the State of Connecticut, without regard to conflict-of-law provisions. In any related action, state and federal courts in New Haven County, Connecticut shall be the sole and exclusive venue, and by using the Sites, you expressly and irrevocably consent and submit to the jurisdiction of such courts, and that such venue is convenient.
Severability. If any provision of these Terms or the application of any such provision to any person or circumstance is held invalid, illegal, or unenforceable for any reason whatsoever, the remaining provisions of these Terms and the application of such provisions to other persons or circumstances shall not be affected. To the fullest extent possible, the court or dispute resolution authority finding such provision invalid, illegal, or unenforceable shall modify and construe the provision so as to render it valid and enforceable as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of validity, legality, and enforceability.