By accessing the website at https://expressodesign.com (hereinafter, the “site”), you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
- Changes to this policy
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Expresso Design, LLC’s (hereinafter, “us”, “we” or “our”) website for personal, non-commercial transitory viewing only (hereinafter, the “Service”). This is the grant of a license, not a transfer of title, and under this license you may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Expresso Design, LLC’s website;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Expresso Design, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Expresso Design, LLC’s website are provided on an ‘as is’ basis. Expresso Design, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Expresso Design, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
In no event shall Expresso Design, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Expresso Design, LLC’s website, even if Expresso Design, LLC or a Expresso Design, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Accuracy of materials
The materials appearing on Expresso Design, LLC’s website could include technical, typographical, or photographic errors. Expresso Design, LLC does not warrant that any of the materials on its website are accurate, complete or current. Expresso Design, LLC may make changes to the materials contained on its website at any time without notice. However Expresso Design, LLC does not make any commitment to update the materials.
Expresso Design, LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Expresso Design, LLC of the site. Use of any such linked website is at the user’s own risk.
Expresso Design, LLC may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
- Restrictions on Electronic Access to Site
You may not (i) deep link or employ software or any automatic device, technology or algorithm, to “crawl,” “scrape,” search or monitor this Site and/or retrieve or copy content or related information; (ii) violate the mechanical restrictions of this Site, or bypass other measures employed to prevent or limit access to this Site or the Services by hacking or other means; (iii) copy, redirect, or exploit this Site; (iv) probe, scan, or test the vulnerability of this Site or of the network supporting this Site, or seek information on Users of this Site or personal information of our users or customers; (v) use or upload to this Site any device, software or routine that would interfere with the proper functioning of this Site, or any transaction conducted via this Site; (vi) use devices (including software) that are designed to provide repeated automated access to this Site, without our express, written authorization; or (vii) frame this Site using “framing” or any other similar technology.
- Third-Party Content and Links to Other Websites
Certain content on the Site may contain information or materials from third parties, including User Submitted Material (defined below) and links to other websites. We may also provide links, advertisements, solicitations, data, or other information related to third parties and their products or services. We have no control over such third parties and their materials, and you acknowledge and agree that we do not endorse and are not responsible or liable for the content of any advertising or other content provided by third parties on the Site. You further acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by websites to which you may link from the Site (“Linked Sites”). Links to Linked Sites are provided as a convenience to you, and do not constitute our endorsement of or association with such sites or the content, products, advertising or other materials presented on such websites. You acknowledge and agree that we not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.
- User Submitted Material
Any information or material that you submit or send to us or otherwise make available on or through the Site or the Service, including without limitation posts or comments made in on our Blog, shall be known as “User Submitted Material.” By submitting or otherwise making User Submitted Material available on the Site or through the Services, you:
(i) Agree and acknowledge that User Submitted Material will not be treated as confidential or proprietary.
(ii) Represent and warrant that User Submitted Material:
(a) Is original to you and that no other party has any rights to the material or that you have secured any necessary permissions to submit the material and to grant us the rights and licenses set forth in these Terms of Service;
(c) Does not contain any content that is unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, false or deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful;
(d) Does not contain a virus or other harmful component; and
(e) Does not contain, unless the specific Service allows, any advertising of any kind, or false or misleading indications of origin or statements of fact.
As a condition of you access to the Site and use of the Services, you grant us the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform and display User Submitted Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any “moral rights” in User Submitted Material have been waived. In addition, other users of the Site or permitted to access, display, view, store, distribute, perform, reproduce and prepare derivative works of your User Submitted Material. No compensation will be paid to you or to any other person or entity with respect to the posting or use of your User Submitted Material.
We are under no obligation to post or use any User Submitted Material that you may provide, and we may remove your User Submitted Material at any time in our sole discretion.
We reserves the right to terminate your access to the Site if we determine, in our sole discretion, that you are a repeat infringer of copyrighted material for purposes of the Digital Millennium Copyright Act (DMCA). Without limiting the foregoing, for purposes of the DMCA, a repeat infringer is a user who has been notified of infringing activity and has had User Submitted Material removed from the Site more than once.
We do not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the Site, nor do we endorse any opinions expressed by Users or other third parties on the Site. Users acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area by Users are the views of the User posting the statement, and do not necessarily represent our views.
Unless specifically requested, we do not solicit nor wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its Services, by e-mail, or in any other way.
- DMCA Copyright Policy – Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
(i) Your physical or electronic signature.
(ii) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
(iii) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
(iv) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(v) A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the written notice is accurate.
(vii) A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
- Governing Law
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
(i) Your physical or electronic signature.
(ii) An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
(iii) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
(iv) A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
(iv) A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s fees) under Section 512(f) of the DMCA.
You agree to defend, indemnify and hold ExpressoDesign, LLC, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of User Submitted Material on or through the Site by you.
- DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION , AND ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXPRESSDESIGN, LLC DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. EXPRESSDESIGN, LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXPRESSDESIGN, LLC OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR FUNCTION THEREON, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
- LIMITATION OF LIABILITY
IN NO EVENT SHALL EXPRESSDESIGN, LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE SERVICES, CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF EXPRESSDESIGN, LLC OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL EXPRESSDESIGN, LLC BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL LIABILITY OF EXPRESSDESIGN, LLC TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, ANY FEE YOU MAY PAY TO EXPRESSDESIGN, LLC FOR YOUR ACCESS TO OR USE OF THE SITE.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF EXPRESSDESIGN, LLC UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
- Governing Law
These terms and conditions are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, or as applicable, United States Federal Law, and you irrevocably submit to the exclusive jurisdiction of the state or federal courts in Commonwealth of Pennsylvania.