This site (the “Site”) is operated by Esoteric Trading Company. It is intended for your information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Service. Please note that this Site and the services offered are only open to users 13 years of age or older. If you do not agree with all of the following Terms of Service, please do not use this Site.
Esoteric Trading Company reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Changes and/or modifications shall become effective immediately upon the posting. Please review these Terms of Service periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of these Terms of Service.
Use of Materials Contained on this Site
The Site contains material that is derived in whole or in part from material supplied by Esoteric Trading Company and other sources, and is protected by U.S. and international copyright and trademark laws. No material (including but not limited to the text, images, audio and/or video) and no software (including but not limited to any images or files incorporated in or generated by the software or data accompanying such software) (individually and collectively the “Materials”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or decompiled, reverse engineered or disassembled, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of Esoteric Trading Company’s or such other sources’ copyright, trademark and other proprietary rights. The use of any such Materials on any other web site or networked computer environment without Esoteric Trading Company’s express written consent is prohibited.
Esoteric Trading Company does not accept or consider creative ideas, suggestions or materials other than those Esoteric Trading Company has specifically requested. This is to avoid the possibility of future misunderstandings when projects developed by Esoteric Trading Company’s staff might seem to others to be similar to their own creative ideas, suggestions or materials.
If you do send us any creative materials, including creative suggestions, ideas, notes, drawings, concepts or other information or if you transmit to the Site by electronic mail or otherwise, communications including any data, questions, comments, suggestions, or the like (collectively, the “Information”), the Information shall be deemed, and shall remain, the property of Esoteric Trading Company. None of the Information shall be subject to any obligation of confidence on the part of Esoteric Trading Company and Esoteric Trading Company shall not be liable for any use or disclosure of any Information. Esoteric Trading Company shall exclusively own any now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
Materials contained in this Site or in links from this Site are dated as of the date originally issued or indicated on the Material and may no longer be accurate. Esoteric Trading Company assumes no obligation to update such Materials.
Materials contained in (or directly accessible from) this Site may contain information that is, or may be deemed to be, forward-looking statements within the meaning of section 27A of the Securities Act of 1933, as amended, and section 21E of the Securities Exchange Act of 1934, as amended. These forward-looking statements are not based on historical facts, but rather reflect Esoteric Trading Company’s current expectation concerning future results and events. These forward-looking statements generally can be identified by the use of statements that include phrases such as “believe,” “expect,” “anticipate,” “intend,” “plan,” “foresee,” “likely,” “will,” or other similar words or phrases. Similarly, statements that describe our objectives, plans or goals are or may be forward-looking statements. These forward-looking statements involve known and unknown risks, uncertainties and other factors that are difficult to predict and which may cause the actual results, performance or achievements of Esoteric Trading Company to be different from any future results, performance and achievements expressed or implied by these statements. The following important factors, among others, could affect future results, causing these results to differ materially from those expressed in our forward-looking statements: advertising market conditions generally; changes in the public acceptance of Esoteric Trading Company’s programming; changes in technology and its effect on competition in Esoteric Trading Company’s markets; changes in the Federal Communications laws and regulations; the impact of piracy on Esoteric Trading Company’s products; the impact of consolidation in the market for Esoteric Trading Company’s programming; other domestic and global economic, business, competitive and/or regulatory factors affecting Esoteric Trading Company’s businesses generally; and other factors described in Esoteric Trading Company’s news releases and filings with the Securities and Exchange Commission including but not limited to Esoteric Trading Company’s most recent Forms 10-K, 10-Q and 8-K. The forward-looking statements included in this Site or in links from this Site are dated as of the date originally issued or indicated on the material and may no longer be accurate and, under section 27A of the Securities Act, as amended and section 21E of the Exchange Act, as amended, Esoteric Trading Company does not have any obligation to publicly update any forward-looking statements to reflect subsequent events or circumstances.
Hyperlinks to Third Party Sites
The appearance of external hyperlinks does not constitute endorsement by Esoteric Trading Company, its subsidiaries and affiliates of the opinions or views expressed by these linked websites and Esoteric Trading Company does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Esoteric Trading Company is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Esoteric Trading Company nor any of its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information or postings from the end user, be advised that in no event shall Esoteric Trading Company assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Esoteric Trading Company will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
Termination of the Service
Esoteric Trading Company may terminate the Site or any services included on or through the Site at any time with or without cause or notice. Esoteric Trading Company shall not be liable any party for such termination.
If you object to any of the Terms of Service contained herein, you may discontinue use of the Site or services. You may cancel subscriptions to any Esoteric Trading Company newsletters by following the directions provided in each newsletter to which you have subscribed.
You agree to indemnify, defend and hold harmless, Esoteric Trading Company, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service by you. Esoteric Trading Company reserves the right to assume, at its sole expense, the exclusive defense, and control of any matter subject to indemnification by you, in which event you will fully cooperate with Esoteric Trading Company in asserting any available defenses.
Limitation of Liability/Disclaimer
Your use and browsing of the Site are at your risk. If you are dissatisfied with any of the Materials contained in the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue accessing and using the Site.
To the fullest extent permissible pursuant to applicable law, neither Esoteric Trading Company nor any other party involved in creating, producing or delivering to the site is liable for any direct, incidental consequential, indirect or punitive damages arising out of your access to, or use of, the site. Without limiting the foregoing, everything on the site is provided to you “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties or merchantability, fitness for a particular purpose, or non-infringement.
You specifically acknowledge and agree that Esoteric Trading Company is not liable for any defamatory, offensive or illegal conduct of any user.
Esoteric Trading Company 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 of any Materials from the Site.
Esoteric Trading Company does not warrant or make any representations of any kind or nature with respect to the Materials. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that material posted on the Site infringes your copyrights, you should follow the following procedures, which are set forth in the Digital Millennium Copyright Act (DCMA).
Notice of the claimed infringement must be submitted to the Site’s Designated Agent.
Service Provider: Esoteric Trading Company
Designated Agent: Jon Rick
Address of Designated Agent: 970 W Valley Parkway #1022, Escondido, CA, 92025, United States.
Telephone Number of Designated Agent: (619) 393-1988
E-mail Address of Designated Agent: [email protected]
To be effective, the notification must be in writing and include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of a Notification, service provider will take such action as appropriate under the DMCA.
Esoteric Trading Company operates and controls this site from its offices in Escondido CA. This site is intended exclusively for residents of the United States.
Esoteric Trading Company makes no representation that materials on this Site are appropriate or available for use in any particular location. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Software from this Site is further subject to United States export controls. No software from this site may be downloaded or otherwise exported to reexported (i) into (or to a national or resident of) Cuba, Iraq, Libya North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
These Terms of Service contain the entire understanding and supersede all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms of Service are found to be illegal or unenforceable, these Terms of Service will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect.