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delivery of the Site is liable for any damages to user, including any incidental, special or consequential damages that result from access to or use of this Site, even if ESCFC was advised of the possibility of such damages. ESCFC also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to use of, or browsing in the Site or your downloading any materials, data, text, images, video, or audio from the Site. In addition, ESCFC makes no representation that the operation of the website will be uninterrupted or error-free. ESCFC will not be liable for the consequences of any interruptions or errors on the website including without limitation unavailability caused by heavy traffic, technical difficulties, or any outage or other interruption in service. 6. PRIVACY. Protecting the privacy of our clients and users of our Sites is important to ESCFC. The ESCFC Internet Privacy Statement (hotlink to privacy statement) protects information you provide to us on our Site. 7. TRANSMISSION OF PERSONAL DATA. User acknowledges and agrees that by providing ESCFC with any personal information through the Site, User consents to the transmission of such personal user information over the World Wide Web as necessary for processing in accordance with ESCFC's standard business practices. 8. ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution. 9. JURISDICTION/GOVERNING LAW. These terms and conditions shall be governed and construed in accordance with the laws of the State of North Carolina, USA, and applicable federal laws without regard to conflicts of law principals. User agrees that any and all proceedings relating to this site and the subject matter contained herein shall be maintained in the courts of the state of North Carolina or the federal district courts sitting in North Carolina, which courts shall have exclusive jurisdiction for such purpose. 10. INDEMNITY. User agrees to indemnify and hold ESCFC and its subsidiaries, affiliates, officers, directors, agents, employees and their successors and assigns harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising from or in connection with your use of the Site, use of Content provided via the Site or breach of these Terms and Conditions of Use. 11. ACCEPTANCE. The use of the ESCFC website is subject to the terms of use as defined above which constitutes a legal binding agreement between the User and ESCFC. By using this website you hereby acknowledge that you have read, understood and are in agreement to be bound by the terms of use as defined and governed by this Terms & Conditions Policy. |
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