Legal Terms and Conditions
SCOPE
These Legal Terms and Conditions apply to the entire E-ssential Networks LLC website and all portions of the website contained therein (this “Website”), excluding links to third-party websites as provided below. These Legal Terms and Conditions shall apply to any future portions of this Website, excluding links to other third-party websites as provided below, unless otherwise stated.
USE OF THIS WEBSITE
Use of this Website and access to the material it contains is subject to the following Legal Terms and Conditions as well as to all applicable laws, rules, and regulations. Your access to and browsing of this Website constitutes your full acceptance of these Legal Terms and Conditions. We reserve the right, at our sole discretion, to update or revise these Legal Terms and Conditions. Please check these Legal Terms and Conditions periodically for changes. Your continued use of this Website following the posting of any changes to the Legal Terms and Conditions constitutes acceptance of those changes.
This Website is intended for general audiences 18 years of age and older, and access or use by anyone younger is not authorized.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of this Website, you will not use this Website for any purpose that is unlawful or prohibited by these Legal Terms and Conditions. You may not use this
Website in any manner that could damage, disable, overburden, or impair any E-ssential Networks LLC server, or the network(s) connected to any E-ssential Networks LLC server, or interfere with any other party’s use and enjoyment of this Website. You may not attempt to gain unauthorized access to any computer systems or networks connected to any E-ssential Networks LLC server or other systems, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this Website. E-ssential Networks LLC makes no representation that this Website is appropriate or available for use in locations outside the United States, and accessing this Website from territories where such content is illegal is prohibited. Those who choose to access this Website from locations outside the United States do so at their own initiative and are responsible for compliance with all applicable laws.
SECURITY
You are responsible for maintaining the confidentiality of your login information and are fully responsible for all activities that occur under your password or username. You agree (a) to immediately notify E-ssential Networks LLC of any unauthorized use of your password or username or any other breach of security; and (b) to ensure that you exit from your account at the end of each session.
LINKS TO OTHER WEBSITES
This Website may contain links to third-party websites not owned or managed by E-ssential Networks LLC or its affiliates. E-ssential Networks LLC provides such links solely for the convenience of the visitors of this Website. E-ssential Networks LLC is not responsible for the accuracy, legal or regulatory compliance, decency, or any other aspect of the content of such third-party sites, and such sites are not investigated, monitored, or checked for accuracy or completeness by E-ssential Networks LLC. The inclusion of links to such third-party sites does not imply approval or endorsement of such sites by E-ssential Networks LLC or any association with its operators. We urge you to read the terms of use policies on such third-party sites before utilizing their products or services as E-ssential Networks LLC is not responsible for these areas.
PROPRIETARY RIGHTS
Copyrights. E-ssential Networks LLC is the owner or licensee of all copyrights in and to the content on this Website, including without limitation, (i) all materials, documentation, text, data, graphics, graphs, charts, buttons, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on this Website; and (ii) the design, selection and arrangement of this Website. All rights reserved.
Unless otherwise specified, you are granted a personal, non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials provided hereon for the purpose of obtaining and reviewing your account information. Specifically, you are granted permission to view or download a single copy of the material on this Website solely to access our services, place orders, and review your account information. When content is downloaded to your computer, you do not obtain any ownership interest in such content. Any modifications of the content or any use of the content for any other purpose other than that expressly permitted herein is forbidden. Ownership of all such content shall at all times remain with E-ssential Networks LLC or its licensors. E-ssential Networks LLC and its licensors reserve all rights not expressly granted to you. Use of the copyrightable material on this Website for any purpose not expressly authorized herein without the prior written permission of E-ssential Networks LLC or its licensors is forbidden.
Trademarks. All trademarks, service marks, trade names, logos, and other designations (collectively the “Marks”) are the sole property of E-ssential Networks LLC, or other third parties that have granted E-ssential Networks LLC the right and license to use such Marks. Nothing contained on this Website should be construed as granting any license or right to use any such Marks without the written permission of E-ssential Networks LLC or such third party that may own the Marks displayed.
Your Information. We reserve the right, and you authorize us, to use and freely assign all information regarding the use of this Website by you and all information provided by you in any manner consistent with our Privacy Statement. Click here to read our Privacy Statement, which is incorporated into these Legal Terms and Conditions by reference.
TYPOGRAPHICAL OR OTHER ERRORS
While E-ssential Networks LLC takes reasonable care and skill to provide information which is accurate and up to date when first included on this Website, typographical and other errors may nevertheless occur. E-ssential Networks LLC does not undertake to update or correct such information and reserves the right to modify, delete, and rearrange any or all of the contents of this Website at any time without notice to you. While E-ssential Networks LLC makes reasonable efforts to prevent unauthorized tampering with this Website, E-ssential Networks LLC does not guarantee that its efforts will always be successful. Therefore, as set forth below, E-ssential Networks LLC does not warrant that the Website materials will be error-free. E-ssential Networks LLC disclaims any liability for such errors.
DISCLAIMER OF WARRANTIES
E-SSENTIAL NETWORKS LLC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, TIMELINESS, OR COMPLETENESS OF THIS WEBSITE, MATERIALS, OR ANY SOFTWARE INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE.
E-SSENTIAL NETWORKS LLC PERIODICALLY AMENDS, CHANGES, ADDS, DELETES, UPDATES, OR ALTERS THE INFORMATION, INCLUDING, WITHOUT LIMITATION, THESE LEGAL TERMS AND CONDITIONS, CONTAINED IN THIS WEBSITE WITHOUT NOTICE.
FURTHER, E-SSENTIAL NETWORKS LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE OR ANY SOFTWARE
INSTALLED BY YOU IN CONNECTION WITH THE USE OF THIS WEBSITE. HENRY SCHEIN
ONE, LLC SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ALL INFORMATION LOCATED ON THIS WEBSITE.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN
OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE ARE EXPRESSLY DISCLAIMED.
E-ssential Networks LLC makes no representations that this Website or its contents are appropriate for use in every country of the world. Your use of this Website is at your own risk and you are responsible for compliance with applicable local laws, keeping in mind that access to this Website may not be legal by certain persons or in certain jurisdictions.
Some states or nations may not allow the disclaimer of certain warranties, so the above limitations may not apply to you in all cases.
LIMITATION OF LIABILITY
Use of this Website, its contents, or any software application installed by you in connection with the use of this Website, is at your sole risk. While E-ssential Networks LLC makes reasonable efforts to ensure the safety and functionality of this Website, its contents, and any software applications associated with this Website, these efforts may fail and errors may occur.
IN NO EVENT SHALL E-SSENTIAL NETWORKS LLC OR ANY OTHER PARTY INVOLVED IN
THE CREATION, PRODUCTION, OR DELIVERY OF THIS WEBSITE, ITS CONTENTS, OR
ANY SOFTWARE APPLICATIONS ASSOCIATED WITH THIS WEBSITE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE
DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, COMPUTER VIRUS OR SYSTEM FAILURE, OR LOSS OF DATA OR PROFITS, ARISING
OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, ITS
CONTENTS, OR ANY SOFTWARE APPLICATIONS INSTALLED IN CONNECTION WITH
THE USE OF THIS WEBSITE OR USERS’ INABILITY TO USE THE CONTENT CONTAINED
IN THIS WEBSITE (OR ANY OTHER WEBSITE), HOWEVER CAUSED AND REGARDLESS OF
THE THEORY OF LIABILITY. E-SSENTIAL NETWORKS LLC WILL NOT BE LIABLE OR
RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY OR ARISING FROM YOUR
RELIANCE ON THE CONTENT OF THIS WEBSITE. THESE WAIVERS APPLY EVEN IF
E-SSENTIAL NETWORKS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL E-SSENTIAL NETWORKS LLC’S LIABILITY TO YOU FOR
ANY DAMAGES, LOSSES, OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED THE
AMOUNT, IF ANY, PAID BY YOU TO E-SSENTIAL NETWORKS LLC FOR ACCESSING THIS
WEBSITE OR INSTALLING ANY SOFTWARE APPLICATION ASSOCIATED WITH THIS WEBSITE. OUR MAXIMUM LIABILITY TO YOU IF YOU PURCHASE GOODS FROM US WILL BE EQUAL TO THE PURCHASE PRICE YOU PAY FOR THE GOODS.
THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY REMEDY PROVIDED UNDER THESE LEGAL TERMS AND CONDITIONS FAILS OF ITS ESSENTIAL PURPOSE. Some
states do not allow the exclusion of liability for consequential damages, so the above limitations may not apply to you in all cases.
FORWARD LOOKING STATEMENTS
THE CONTENT TOGETHER WITH ANY DOCUMENTS ISSUED BY E-SSENTIAL NETWORKS LLC,
LLC OR ANY OF ITS AFFILIATES, SERVICE PROVIDERS, OR BUSINESS PARTNERS AND
AVAILABLE THROUGH E-SSENTIAL NETWORKS LLC’S WEBSITES MAY CONTAIN
FORWARD-LOOKING STATEMENTS WITHIN THE MEANING OF THE U.S. PRIVATE
SECURITIES LITIGATION REFORM ACT OF 1995. THOSE STATEMENTS MAY APPEAR IN
A NUMBER OF PLACES IN THIS WEBSITE AND CAN BE IDENTIFIED BY THE USE OF
FORWARD-LOOKING TERMINOLOGY SUCH AS “MAY,” “COULD,” “EXPECT,”
“ANTICIPATE,” “INTEND,” “BELIEVE,” “PLAN,” “ESTIMATE,” “FORECAST,” “PROJECT,”
“ANTICIPATE,” OR OTHER COMPARABLE TERMS OR THE NEGATIVE THEREOF. THE
COMPANY PROVIDES THE FOLLOWING CAUTIONARY REMARKS REGARDING
IMPORTANT FACTORS WHICH, AMONG OTHERS, COULD CAUSE FUTURE RESULTS TO
DIFFER MATERIALLY FROM THE FORWARD-LOOKING STATEMENTS, EXPECTATIONS
AND ASSUMPTIONS EXPRESSED OR IMPLIED HEREIN. THE FORWARD-LOOKING STATEMENTS INCLUDED HEREIN ARE BASED ON THEN-CURRENT EXPECTATIONS OF
MANAGEMENT. ALL FORWARD-LOOKING STATEMENTS MADE BY US ARE SUBJECT TO RISKS AND UNCERTAINTIES AND ARE NOT GUARANTIES OF FUTURE PERFORMANCE.
FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN FACTORS, RISKS
AND UNCERTAINTIES THAT MAY CAUSE OUR ACTUAL RESULTS, PERFORMANCE AND
ACHIEVEMENTS, OR INDUSTRY RESULTS, TO BE MATERIALLY DIFFERENT FROM ANY
FUTURE RESULTS, PERFORMANCE, OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY
SUCH FORWARD-LOOKING STATEMENTS. THOSE FACTORS, RISKS AND
UNCERTAINTIES INCLUDE, BUT ARE NOT LIMITED TO, THE FACTORS DESCRIBED
UNDER “RISK FACTORS” DISCUSSED IN OUR PERIODIC FILINGS MADE WITH THE
SECURITIES AND EXCHANGE COMMISSION. THE COMPANY CAUTIONS THAT THESE
FACTORS MAY NOT BE EXHAUSTIVE AND THAT MANY OF THESE FACTORS ARE
BEYOND THE COMPANY’S ABILITY TO CONTROL OR PREDICT. ACCORDINGLY,
FORWARD-LOOKING STATEMENTS SHOULD NOT BE RELIED UPON AS A PREDICTION OF ACTUAL RESULTS. THE COMPANY UNDERTAKES NO DUTY AND HAS NO OBLIGATION TO UPDATE FORWARD-LOOKING STATEMENTS.
INDEMNIFICATION BY USER
You agree to defend, indemnify, and hold harmless E-ssential Networks LLC and its affiliates, parents, subsidiaries, and their respective employees, agents, contractors, officers, directors, successors and assigns from all liabilities, claims, damages and expenses, including without limitation attorneys’ fees and costs, that arise from your use or misuse of this Website, or use of any software application associated with the use of this Website.
TERMINATION
E-ssential Networks LLC shall have the right immediately to terminate this agreement with you and your use of this Website if E-ssential Networks LLC determines in its sole discretion that you have breached any of these Legal Terms and Conditions or otherwise been engaged in conduct which E-ssential Networks LLC determines in its sole discretion to be unacceptable.
CHOICE OF LAW AND FORUM
These Legal Terms and Conditions shall be governed by and construed in accordance with the laws of the state of California, without regard to such state’s rules regarding conflicts of laws. By accessing this Website, you agree that the State and Federal courts located in Los Angeles County, California shall have exclusive jurisdiction over all claims and actions arising out of or relating to these Legal Terms and Conditions and/or your use of this Website, and you further agree and submit to the exercise of personal jurisdiction of such courts and consent to extra-territorial service of process for the purpose of litigating any such claim or action.
RECORDS
A printed version of these Legal Terms and Conditions and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Legal Terms and Conditions to the same extent and subject to the same conditions as other business documents originally generated and maintained in printed form. For purposes of any dispute, E-ssential Networks LLC’s records shall be conclusive in all respects.
INTEGRATION AND SEVERABILITY
These Legal Terms and Conditions constitute the entire agreement between you and E-ssential Networks LLC with respect to this Website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and E-ssential Networks LLC with respect to this Website. If any part of these Legal Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
NO WAIVER
Any failure by E-ssential Networks LLC to enforce or exercise any provision of these Legal Terms and Conditions, or any related right, will not constitute a waiver of that provision or right.
Last Updated: Oct/17/2022