ESP Video Surveillance Service Provider

Terms & Conditions

Terms of Service

Enhanced Surveillance Protection “ESP” TERMS OF SERVICE

 
Welcome to Enhanced Surveillance Protection!

 
These ESP Terms of Service apply to anyone using ESP services who is not an ESP service subscriber. If you are already an ESP Service subscriber, please see your subscriber agreement at https://igotesp.com/privacy-policy.

Note: These ESP Terms of Service contain a binding arbitration provision below that affects your rights with respect to the ESP Service.

The ESP service (“Cloud Storage” or “Service”) is available to you at select locations. Before you use the Service, you should read and must agree to these ESP Terms of Service (the ” Terms”). By using the Service, you agree to the Terms, which form a binding agreement between you and Enhanced Surveillance Protection on behalf of itself and its affiliates (collectively, “ESP”, “we”, “us” and similar).

These Terms only apply to your use of the ESP Service through an access point owned or controlled by ESP or ESP. If you access the Service through another Service service provider, then its terms also apply to your use of that service.

Acceptable Use & Privacy

 

The Service provides Service access over a wireless network using standard protocols. You can use the service to connect -compliant devices like a mobile phone, tablet, or laptop computer to the Service.

When you use the Service, you agree that you will not:

Conduct and information restrictions

  • undertake or accomplish any unlawful purpose, including without limitation by posting, storing, transmitting or disseminating information, data or material which is libelous, obscene, unlawful, threatening or defamatory, or which infringes the intellectual property rights of any person or entity, or which in any way constitutes or encourages conduct that would constitute a criminal offense, or otherwise violate any local, state, federal, or non-U.S. law, order, or regulation;
  • post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be unlawful.
  • upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way information, software or other material obtained through the Service or otherwise that is protected by copyright or other proprietary right, without obtaining any required permission of the owner;
  • transmit unsolicited bulk or commercial messages commonly known as “spam;”
  • send very large numbers of copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or send very large messages or files that disrupts a server, account, blog, newsgroup, chat, or similar service.
  • initiate, perpetuate, or in any way participate in any “pyramid” or other illegal scheme;
  • participate in the collection of very large numbers of email addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering or harvesting, or participate in the use of software (including “spyware”) designed to facilitate this activity;
  • collect responses from unsolicited bulk messages;
  • falsify, alter, or remove message headers;
  • falsify references to ESP or its network, by name or other identifier, in messages;
  • impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity (for example, “phishing”);
  • violate the rules, regulations, terms of service, or policies applicable to any network, server, computer database, service, application, system, or web site that you access or use;

Technical restrictions

  • access any other person’s computer or computer system, network, software, or data without his or her knowledge and consent; breach the security of another user or system; or attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other hosts, networks, or accounts without express permission to do so;
  • use or distribute tools or devices designed or used for compromising security or whose use is otherwise unauthorized, such as password guessing programs, decoders, password gatherers, keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs. Unauthorized port scanning is strictly prohibited;
  • copy, distribute, or sublicense any proprietary software provided in connection with the Service by ESP or any third party, except that you may make one copy of each software program for back-up purposes only;
  • distribute programs that make unauthorized changes to software (cracks);
  • use or run dedicated, stand-alone equipment or servers, also commonly referred to as public services or servers. Examples of prohibited equipment and servers include, but are not limited to, email, web hosting, file sharing, and proxy services and servers;
  • use or run programs that provide network content or any other services, except for personal and non-commercial use;
  • service, alter, modify, or tamper with any ESP equipment or service or permit any other person who is not authorized by ESP to do so;

Network and usage restrictions

  • use the Service for any purpose other than personal and non-commercial use.
  • use the Service for operation as a service provider or for any business, other legal entity, or organization purpose (whether or not for profit).
  • restrict, inhibit, or otherwise interfere, regardless of intent, purpose or knowledge, with the ability of any other person to use or enjoy the Service (except for tools for safety and security functions such as parental controls, for example), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or
  • impede others’ ability to use, send, or retrieve information.
  • restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Service or any ESP (or ESP supplier) host, server, backbone network, node or service, or otherwise cause a performance degradation to any ESP (or ESP supplier) facilities used to deliver the Service;
  • resell the Service, in whole or in part, directly or indirectly;
  • interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abusing operator privileges, and attempts to “crash” a host;
  • falsify, alter, spoof, or otherwise modify or change any Service protocol (“IP”) or Media Access Control address (sometimes called a MAC address) assigned to or associated with your device to access THE SERVICE; or
  • access and use the Service with anything other than a dynamic IP address that adheres to the dynamic host configuration protocol (“DHCP”). You may not configure your device to use this Service or any related equipment to access or use a static IP address or use any protocol other than DHCP.

Privacy Your use of THE SERVICE is subject to the privacy policy at https://igotesp.com/privacy-policy

General Terms of Service

 

Using the Service In order to access and use THE SERVICE, you must: (1) provide accurate and complete registration information; (2) have a high-speed Internet (min. of 5MB upload recommended) or higher; (3) provide all equipment and software necessary to connect to the Service (other than the access point / gateway / IP device provided by ESP); (4) protect the password, username and security information you use to access the Service and notify ESP immediately of any unauthorized use of your account that you become aware of, (5) comply with applicable laws and regulations, including but not limited to copyright and intellectual property rights laws, and (6) be at least 18 years of age. If you pay to access the Service on a pay-per-use (“PPU”) basis, the  Terms incorporate the payment and support terms presented as part of the PPU sign in and payment process as described at http://www.IgotESP.com/.

Whenever you log in, we help protect your privacy and the safety of your login ID and password by providing 128-bit encryption on the sign-in page. This is the same standard used by thousands of online banking and financial services sites around the world to protect your critical transactions. When online with any service, remember that is not an inherently secure technology and that wireless communications can be intercepted. For more information on your security options, please contact us https://igotesp.com/support . In addition to the online resources at http://www.igotesp.com/, ESP provides limited telephone support for this Service, available at 1-800-Igot-ESP.

Content Disclaimer ESP does not control and is not responsible for data, content, services, applications, or products that you use, access, or download through the ESP Service. We may, but are not obliged to, block data transmissions to protect ESP, the ESP network, or the public.

Termination ESP reserves the right at any time to terminate your use of the Service if you fail to comply in full with any term of the  Terms, or any other terms, agreements, or policies that apply to this  Service and the use of it. If you paid to access the Service on PPU (pay per use) basis, you may contact ESP by phone at 1-800-446-8377 to terminate the Service.

Indemnification You agree to indemnify, defend, and hold harmless ESP (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and third party providers, agents, suppliers, distributors, licensors and associated businesses (and their respective officers, employees, agents, affiliates, contractors or representatives)) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of the  Terms or unauthorized use of THE SERVICE. Your indemnification obligation shall survive your use of the Service and the termination of the Terms. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with ESP in connection with our defense.

Disclaimer of Warranties and Liability YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE SERVICE, AND THE UNCERTAINTIES OF ELECTRONIC DISTRIBUTION AND TECHNOLOGY, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THE SERVICE OR ANY MATERIAL AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE SERVICE.

THE SERVICE IS PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” ESP AND ITS SUPPLIERS, PROVIDERS, AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE  SERICE OR THE INFORMATION AVAILABLE THROUGH IT, NOR DO WE OR THEY GUARANTEE THAT THE SERVICE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL ESP (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES AND ITS AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES) OR ITS THIRD PARTY PROVIDERS, AGENTS, SUPPLIERS, DISTRIBUTORS, LICENSORS AND ASSOCIATED BUSINESSES (AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS OR REPRESENTATIVES) (COLLECTIVELY, THE “DISCLAIMING PARTIES”) BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE DISCLAIMING PARTIES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ESP FOR THE USE OF THE SERVICE.

TO ANY EXTENT THAT THE ABOVE DOES NOT APPLY, YOU AGREE THAT THE LIABILITY OF THE DISCLAIMING PARTIES, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID TO ESP FOR THE USE OF THE SERVICE.

Changes In the Terms and THE SERVICE; Termination. We may modify or terminate THE SERVICE and the Terms and any accompanying policies, for any reason, and without notice, without liability to you. Please review the Terms from time to time so that you will be aware of any changes. We will attempt to notify you at the email address you provided when you signed up that we have an updated Terms available to you before any changes take effect. You understand and agree that if you use the ESP Service after the date on which the updated TOS takes effect; we will treat your use as acceptance of the updated Terms.

Copyright Infringement

ESP is committed to complying with U.S. copyright and related laws and requires all users of the ESP Service to comply with these laws. Accordingly, you may not use the ESP Service to store any material or content, or disseminate any material or content, in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by U.S. copyright law.

If you are the owner of a copyrighted work and believe your rights under U.S. copyright law have been infringed by any material on THE SERVICE, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the “DMCA”) by sending ESP’s authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon ESP’s receipt of a satisfactory notice of claimed infringement, ESP will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through the ESP Service or (ii) to disable access to the work(s). It is ESP’s policy in accordance with the DMCA and other applicable laws to reserve the right to terminate access to the ESP  Service (or any part of those services) for any user who is either found to infringe third-party copyright or other intellectual property rights, including repeat infringers, or who ESP, in its sole discretion, believes is infringing these rights. ESP may terminate access to the ESP Service at any time with or without notice for any affected customer or user. If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to ESP. Upon ESP’s receipt of a counter notification that satisfies the requirements of DMCA, ESP will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you expressly agree that ESP will not be a party to any disputes or lawsuits regarding alleged copyright infringement.

Copyright owners may send ESP a notification of claimed infringement to report alleged infringements of their works to:

Enhanced Surveillance Protection
Attn: ESP  DMCA Notice
6900-29 Daniels Pkwy.
Suite 312
Fort Myers, FL 33912
support @ IgotESP.com

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to ESP, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with ESP’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Binding Arbitration

  1. Purpose. If you are not a subscriber to ESP services, and have a Dispute (as defined below) with ESP regarding THE SERVICE that cannot be resolved directly with ESP, you or ESP may elect to arbitrate that Dispute in accordance with the terms of this section (the “Arbitration Provision”) rather than litigate the Dispute in court. Arbitration means you will have a fair hearing before a neutral arbitrator instead of in a court by a judge or jury. Proceeding in arbitration may result in limited discovery and may be subject to limited review by courts.
  2. Definitions. The term “Dispute” means any dispute, claim, or controversy between you and ESP regarding the ESP Service, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, negligence, or any other intentional tort), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Arbitration Provision. “Dispute” is to be given the broadest possible meaning that will be enforced. As used in this Arbitration Provision, “ESP” means ESP and its parents, subsidiaries and affiliated companies and each of their respective officers, directors, employees and agents.
  3. Right to Opt Out. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY ESP IN WRITING WITHIN 30 DAYS OF THE LATER OF YOUR USE OF THE SERVICE AND AGREEMENT TO THE TERMS BY VISITING https://igotesp.com/support OR BY MAIL TO ESP 6900-29 DANIELS PKWY. SUITE 312 FORT MYERS, FL 33923, ATTN: LEGAL DEPARTMENT/ARBITRATION. YOUR WRITTEN NOTIFICATION TO ESP MUST INCLUDE YOUR NAME, ADDRESS AND EMAIL ADDRESS OR TELEPHONE NUMBER BY WHICH WE CAN CONTACT YOU AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ESP THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH ESP OR THE DELIVERY OF SERVICES TO YOU BY ESP. IF YOU HAVE PREVIOUSLY NOTIFIED ESP OF YOUR DECISION TO OPT OUT OF ARBITRATION, YOU DO NOT NEED TO DO SO AGAIN.
  4. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or ESP elect to resolve your Dispute through arbitration pursuant to this Arbitration Provision, the party initiating the arbitration proceeding may open a case with the American Arbitration Association – Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043, 877-493-4185, www.adr.org under the Commercial Arbitration Rules of the American Arbitration Association “AAA”.
  5. Arbitration Procedures. Because the ESP Service concern interstate commerce, the Federal Arbitration Act (“FAA”), not state arbitration law, shall govern the arbitrability of all Disputes. However, applicable federal law or the law of the state where you access THE SERVICE may apply to and govern the substance of any Disputes. No state statutes pertaining to arbitration shall be applicable under this Arbitration Provision. If there is a conflict between this Arbitration Provision and the rules of the arbitration organization, this Arbitration Provision shall govern. If AAA will not enforce this Arbitration Provision as written, it cannot serve as the arbitration organization to resolve your dispute with ESP. If this situation arises, the parties shall agree on a substitute arbitration organization. If the parties are unable to agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will enforce this Arbitration Provision as written. If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. A single arbitrator will resolve the Dispute. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. An award rendered by the arbitrator may be entered in any court having jurisdiction over the parties for purposes of enforcement. If an award granted by the arbitrator exceeds $75,000, either party can appeal that award to a three-arbitrator panel administered by the same arbitration organization by a written notice of appeal filed within thirty (30) days from the date of entry of the written arbitration award. The members of the three-arbitrator panel will be selected according to the rules of the arbitration organization. The arbitration organization will then notify the other party that the award has been appealed. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party’s notice of appeal. The decision of the three-arbitrator panel shall be final and binding, except for any appellate right which exists under the FAA.
  6. Restrictions:
  7. YOU MUST CONTACT US WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.
  8. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER SUBSCRIBERS, OR OTHER PERSONS.
  9. Location of Arbitration. The arbitration will take place at a location convenient to you in an area where you access the ESP Service.
  10. Payment of Arbitration Fees and Costs. ESP WILL ADVANCE ALL ARBITRATION FILING FEES AND ARBITRATOR’S COSTS AND EXPENSES UPON YOUR WRITTEN REQUEST GIVEN PRIOR TO THE COMMENCEMENT OF THE ARBITRATION. YOU ARE RESPONSIBLE FOR ALL ADDITIONAL COSTS THAT YOU INCUR IN THE ARBITRATION, INCLUDING, BUT NOT LIMITED TO, FEES FOR ATTORNEYS OR EXPERT WITNESSES. IF THE ARBITRATION PROCEEDING IS DECIDED IN ESP’S FAVOR, YOU SHALL REIMBURSE ESP FOR THE FEES AND COSTS ADVANCED TO YOU ONLY UP TO THE EXTENT AWARDABLE IN A JUDICIAL PROCEEDING. IF THE ARBITRATION PROCEEDING IS DETERMINED IN YOUR FAVOR, YOU WILL NOT BE REQUIRED TO REIMBURSE ESP FOR ANY OF THE FEES AND COSTS ADVANCED BY ESP. IF A PARTY ELECTS TO APPEAL AN AWARD TO A THREE-ARBITRATOR PANEL, THE PREVAILING PARTY IN THE APPEAL SHALL BE ENTITLED TO RECOVER ALL REASONABLE ATTORNEYS’ FEES AND COSTS INCURRED IN THAT APPEAL. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS ARBITRATION PROVISION, ESP WILL PAY ALL FEES AND COSTS THAT IT IS REQUIRED BY LAW TO PAY.
  11. Severability. If any clause within this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of this Arbitration Provision will be given full force and effect. If the class action waiver clause is found to be illegal or unenforceable, the entire Arbitration Provision will be unenforceable, and the dispute will be decided by a court. In the event this entire Arbitration Provision is determined to be illegal or unenforceable for any reason, or if a claim is brought in a Dispute that is found by a court to be excluded from the scope of this Arbitration Provision, you and ESP have each agreed to waive, to the fullest extent allowed by law, any trial by jury.
  12. Exclusions from Arbitration. YOU AND ESP AGREE THAT THE FOLLOWING WILL NOT BE SUBJECT TO ARBITRATION: (1) ANY CLAIM FILED BY YOU OR BY ESP THAT IS NOT AGGREGATED WITH THE CLAIM OF ANY OTHER USER OF THE ESP SERVICE AND WHOSE AMOUNT IN CONTROVERSY IS PROPERLY WITHIN THE JURISDICTION OF A COURT THAT IS LIMITED TO ADJUDICATING SMALL CLAIMS; (2) ANY DISPUTE OVER THE VALIDITY OF ANY PARTY’S INTELLECTUAL PROPERTY RIGHTS; (3) ANY DISPUTE RELATED TO OR ARISING FROM ALLEGATIONS ASSOCIATED WITH UNAUTHORIZED USE OR RECEIPT OF THE SERVICE; (4) ANY DISPUTE THAT ARISES BETWEEN ESP AND ANY STATE OR LOCAL REGULATORY AUTHORITY OR AGENCY THAT IS EMPOWERED BY FEDERAL, STATE, OR LOCAL LAW TO GRANT A FRANCHISE UNDER 47 U.S.C. § 522(9); AND (5) ANY DISPUTE THAT CAN ONLY BE BROUGHT BEFORE THE LOCAL FRANCHISE AUTHORITY UNDER THE TERMS OF THE FRANCHISE.

Miscellaneous

The Terms in this agreement has been made in and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. By using this Service, you consent to the exclusive jurisdiction of the state and federal courts in Philadelphia, Pennsylvania, in all disputes arising out of or relating to the Terms agreement or this Service, subject to the above dispute resolution section. If any portion of the  Terms agreement is held to be unenforceable, the unenforceable portion shall be severable or construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

You acknowledge and agree that each member of the group of companies of which ESP Corporation is the parent shall be a third-party beneficiary to the  Terms and that these other companies shall be entitled to directly enforce, and rely upon, any provision of the  Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or entity shall be a third-party beneficiary to the Terms.

We hope you enjoy using this Service, and we welcome suggestions for improvements.