Terms of Use

Please read these terms of use carefully before using this website

Esker, S.A. (“Esker”) is a recognised leader in helping organisations eliminate manual processes, gain process visibility and control and reduce the use of paper by automating the flow of documents into, within, and out of an organisation. Esker maintains this website for your personal information and education. Your access to and use of this website is subject to the following Terms of Use and all applicable governmental laws, statutes, ordinances, and regulations (including unfair competition, anti-discrimination or false advertising). By accessing and browsing this website, you accept, without limitation or qualification, these Terms of Use. Esker reserves any rights not expressly granted herein.

Terms of use

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.

Your obligations

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.

WARRANTY DISCLAIMER

YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED “AS IS”, “AS AVAILABLE”, AND NEITHER ESKER NOR ANY OF ITS SERVICE PROVIDERS MAKE ANY WRITTEN OR ORAL, EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, GUARANTEES, OR COVENANTS TO YOU REGARDING THE USABILITY, SECURITY, ACCURACY, LEGALITY, OR OPERATION THEREOF. ESKER DOES NOT WARRANT THAT ACCESS TO OR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THIS WEBSITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE OVERALL SYSTEM THAT MAKES THIS WEBSITE AVAILABLE (INCLUDING BUT NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESKER AND EACH OF ITS SERVICE PROVIDERS, EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, THERE ARE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR COVENANTS THAT EXTEND BEYOND THE FACE OF THESE TERMS OF USE. SOME JURISDICTIONS DO NOT ALLOW FOR EXCLUSION OF CERTAIN WARRANTIES OR CONSEQUENTIAL DAMAGES SO, TO THE EXTENT NOT ALLOWED BY LAW, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY

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.

PRIVACY POLICY

Esker is EU-US and Swiss-US Privacy Shield Certified. 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/.

Links

ESKER MAKES NO CLAIMS, REPRESENTATIONS, WARRANTIES, OR COVENANTS REGARDING THE QUALITY, CONTENT, NATURE, OR RELIABILITY OF WEBSITES ACCESSIBLE BY HYPERLINK FROM THE ESKER WEBSITE OR WEBSITES LINKING TO THE ESKER WEBSITE. YOU AGREE ESKER HAS NO RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, DECENCY, OR ANY OTHER ASPECTS OF THE CONTENTS, PRODUCTS, SERVICES OR TRANSMISSIONS RECEIVED THROUGH SUCH WEBSITES. ANY LINKED WEBSITES ARE NOT UNDER ESKER’S CONTROL, AND IT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR ANY LINK CONTAINED IN A LINKED WEBSITE, OR FOR ANY REVIEW, CHANGES, OR UPDATES TO ANY SUCH WEBSITES. ANY LINKED WEBSITES ARE PROVIDED TO YOU ONLY AS A CONVENIENCE. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY ESKER OF THE LINKED WEBSITE OR ANY INFORMATION CONTAINED THEREIN. WHEN LEAVING THE ESKER WEBSITE, YOU SHOULD BE AWARE THAT ESKER’S TERMS OF USE MAY NO LONGER APPLY TO YOUR USE OF LINKED WEBSITES, AND, THEREFORE, YOU SHOULD REVIEW THE APPLICABLE TERMS, CONDITIONS, AND POLICIES, INCLUDING PRIVACY AND DATA GATHERING PRACTICES, OF EACH LINKED WEBSITE.

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 Fax for Notes; Esker logo; Esker On Demand; Faxgate; FlyDoc; General Document Recognition; Greendoc; Greenerdocs; Persoft; Persona; Pulse; Quit Paper; SmarTerm; Smartmouse; TermSync; Tun; Tun Emul; Tun Plus; VSI; 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 info@esker.com.

All use, reproduction, advertisement, display, publication, or transmission of any of Esker’s names and/or marks in any media without Esker’s prior written consent is prohibited to the fullest extent permitted by applicable law. All other names and/or marks, logos, and symbols listed on the Esker website are the property of their respective owners. The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on this website are registered and unregistered Trademarks of Esker and their respective owners. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the written permission of Esker or such third party that may own the respective Trademark displayed on this website. Your use of the Trademarks displayed on this website, or any other content included herein, except as provided in these Terms of Use or as permitted in writing by Esker, is strictly prohibited. Esker will aggressively enforce its intellectual property rights to the fullest extent of the law.

HIPAA

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 organisation 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 info@esker.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.

GOVERNING LAW

If you are a citizen of, reside in, or are accessing this website from the United States, Canada, or Latin America, then these Terms of Use shall be governed by and construed in accordance with the laws of the State of Wisconsin, USA, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction by the federal and state courts located in Madison, Wisconsin, USA, and You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, if you are a citizen of, reside in, or are accessing this website from Europe, South America, Asia, or Australia, then these Terms of Use shall be governed by and construed in accordance with the laws of the country of France, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts located in France and You hereby waive any jurisdictional, venue, or inconvenient forum objections to such courts.

EFFECTIVE DATE; AMENDMENTS

These Terms of Use are effective as of the date found under the header entitled “Last Modified,” which is located at the bottom of this document. Esker reserves the right to change, modify, add, or remove portions of these Terms of Use from time-to-time and in our sole discretion, but will alert you that changes have been made by indicating on the Terms of Use the date it was updated. When you visit the website, you are accepting the current version of the Terms of Use as posted on the website at that time. Esker recommends that user’s revisit these Terms of Use on occasion to learn of any changes.

CONTACTING ESKER

If you have any questions or concerns regarding the above-referenced Terms of Use or the content or practices of this website, please contact Esker by e-mail at info@esker.com or in writing at Esker, S.A., 10 rue des Emeraudes, F-69006 Lyon, France.

LAST MODIFIED

May 23rd, 2017 Copyright © 2017 . Esker S.A., All Rights Reserved.

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