Terms of Use

By accessing, viewing or otherwise using this Site, you agree to be bound by these Terms and Conditions of Use and Disclaimers. Read these Terms of Use and Disclaimers carefully and frequently as they may change periodically without notice to you. If you do not accept all of the Legal Disclaimers and Notices of this Agreement, please do not use this Site.

This Agreement sets forth the terms and conditions governing your use of the Web Site of The The ESTA Foundation (“us” or “we”) currently located at www.The ESTAfoundation.org (the “Site”) and your use of The The ESTA Foundation’s systems, information and services. This Agreement also incorporates The The ESTA Foundation’s Privacy Policy.

1. This Site is owned by and under the control of The The ESTA Foundation. Access to and use of this Site and all of the content, services, materials, information, databases and systems are subject to these Terms and Conditions of Use and Disclaimers, any other agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. From time to time, The The ESTA Foundation may:

(a) supplement or make changes to these Terms and Conditions of Use and Disclaimers and other rules or access and use procedures, documentation, security procedures and standards for equipment;

(b) change the type and location of system equipment, facilities or software; or

(c) modify or withdraw any particular service or product referred to in this Site or any database, material, service or system. The The ESTA Foundation reserves the right to terminate access to this Site or take other actions it reasonably believes necessary to comply with the law, to protect its rights or to protect its members or other Site visitors. Any access or attempt to access or use this Site for any unauthorized or illegal purpose is strictly prohibited.


2. This Site is provided without charge as a convenience to The The ESTA Foundation’s members and to other visitors to be used for the purposes of information, education, communication and commerce, including the offering for sale of goods and services. While the information and features contained in this Site have been prepared and compiled from sources believed to be reliable, The The ESTA Foundation makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency or completeness of such information, material or recommendations. The The ESTA Foundation does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from this Site or any other links from or to other Web sites, through any third party that provides information to The The ESTA Foundation, or through its provision to end users nor the quality of any products, information or other materials or services displayed, obtained or purchased by you as a result of your use of this Site or any The ESTA Foundation good, service, database, forum, materials or system. You hereby acknowledge that any reliance upon any information, products, services or materials shall be at your sole risk. The The ESTA Foundation reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this Site or any The ESTA Foundation good, service, database, materials or system at any time, with or without notice to you.
   

3. The The ESTA Foundation also operates the Site as a venue where users can discuss and exchange information and obtain assistance (collectively, “User Information”) on a variety of subject matters and obtain other goods and services (“Products”). The information, including, without limitation, the User Information, contained in the Site is presented for educational and informational purposes only. The information, including, without limitation, the User Information, should not be considered complete nor should it be relied upon without first consulting a professional in the relevant field retained by you specifically for such purpose. Other than with respect to comments and information which are specifically identified as being made or provided by The The ESTA Foundation officers or employees on behalf of The The ESTA Foundation, The The ESTA Foundation is not involved in any way in the content or substance of any User Information. The The ESTA Foundation does not endorse or guaranty the quality, accuracy, timeliness or legality of any of the information contained in any discussion or forum or any User Information that users receive from any other user or a given expert. The The ESTA Foundation is not and cannot be involved in any disputes between users or between a user and an expert. In the event that you have a dispute with one or more users or experts, you agree to hold harmless, defend and release The The ESTA Foundation and its agents, employees and members from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Because user authentication on the Internet is difficult, The The ESTA Foundation cannot and does not confirm that each user or expert is who they claim to be. You acknowledge and accept the risks that other users or experts may in fact be minors, residents of other jurisdictions or acting under false pretenses.
   

4. Without The The ESTA Foundation’s prior written consent, which consent may be given or withheld in The The ESTA Foundation’s sole discretion, you may not:

(a) resell, sublicense, rent, lease or otherwise publicly distribute for profit any information provided on or through the Site or any Hyperlink, services, forum or database, or any part or parts thereof or information contained therein, or any access thereto;

(b) use your access to this Site or any Hyperlinked Site or The The ESTA Foundation’s information provided on or through the Site or any Hyperlink, services, database or system to export or re-export technical data in violation of U.S. export control laws and regulations;

(c) use this Site or any information provided on or through the Web Site or any Hyperlink, services, forum, database or system, which you access in violation of, or post any information to any The The ESTA Foundation owned or licensed database which violates, any federal or state law, including data privacy laws and communication regulations and tariffs, or which infringes the intellectual property rights or misuses proprietary information of a third party or is made in furtherance of an illegal or fraudulent scheme or activity; or

(d) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of The The ESTA Foundation’s databases or system for profit or economic gain, or the selection, coordination or arrangement of products or services in any The The ESTA Foundation database for profit or economic gain.


5. As a user on this Site, you will represent yourself accurately and truthfully at all times. You grant The The ESTA Foundation the right to independently verify any information that you post on the Site about yourself, although The The ESTA Foundation does not routinely undertake any verification. You agree that the terms and conditions governing the transactions between you and third parties are solely to be determined by you and the third party. The The ESTA Foundation has no involvement or responsibility for such terms and conditions. Our services are available only to individuals who can form legally binding contracts under applicable law. In addition, some services may be limited to The The ESTA Foundation members only. If you do not qualify, you may not use The The ESTA Foundation’s services.
   

6. “Your Information” includes any information you provide to The The ESTA Foundation, whether directly or indirectly, including but not limited to, (i) during your enrollment with our Site, (ii) in any public message area, (iii) in any restricted message area or (iv) through any email feature.
   
   By posting Your Information on or through the Site, you automatically grant The The The ESTA Foundation a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display Your Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
   
   You are solely responsible for Your Information, and The The ESTA Foundation acts as a passive conduit for your online distribution and publication of Your Information. However, The The ESTA Foundation may take any action it deems necessary or appropriate in its sole discretion if The The ESTA Foundation believes Your Information creates a risk of liability to The The ESTA Foundation. The The ESTA Foundation may, at its sole discretion, remove or disable access to, material on the Site that infringes on the rights of third parties or is otherwise harmful to The The ESTA Foundation or its members.
   
   The The ESTA Foundation will only use and disclose Your Information in accordance with our then current Privacy Policy, which is incorporated herein by reference.
   
   If you believe that Your Information has been used on the Site in a manner that constitutes copyright infringement, please provide The The ESTA Foundation’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

2. identification of the copyrighted work claimed to have been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number, and e-mail address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
   
   The The ESTA Foundation’s Copyright Agent for notice of claims of copyright infringement on this Site is: Lori Rubinstein, Director, with a copy of such notice to The The ESTA Foundation at: 875 Sixth Avenue, Suite 1005, New York City, New York 10001.

In appropriate cases, The The ESTA Foundation reserves the right to terminate any users or subscribers of this Site engaged in any type of infringement, including copyright infringement.

7. The federal and state antitrust laws require that each The The ESTA Foundation user of this Site make its own unilateral decisions regarding the operations of its business including the prices it will charge, the customers it will serve, the suppliers it will purchase from, the products and services it will offer, and the research and development efforts that it will undertake. No The The ESTA Foundation facility may be used in a manner that violates the antitrust laws. Therefore, in order to ensure compliance with the antitrust laws, you agree to abide by the following guidelines in connection with your use of the Site and Your Information:

   • There must be no discussion between two or more competitors regarding past, present or future prices, pricing policies, pricing methods or pricing strategies.

   • There must be no discussion between two or more competitors regarding past, present or future discounts, allowances, rebates, credit terms and other terms or conditions of sale.

   • There must be no discussion between two or more competitors regarding the suppliers or customers with whom they are doing or will do business.

   • There must be no discussion between two or more competitors regarding the geographic areas they are or will be serving.

   • There must be no discussion between two or more competitors regarding their present or future marketing strategies.

   • There must be no agreement among two or more competitors regarding the products or services they will or will not offer.

   • There must be no agreement among two or more competitors regarding the research and development projects or product innovations they will or will not pursue.

   
   These requirements are not intended to, nor should they interfere with legitimate standards making activities. During the course of such activities it may be necessary, in determining what standards to promulgate and to reach consensus on the details of a standard, to engage in general discussions regarding participants’ views of the marketplace and how certain categories of suppliers or customers might be affected by the presence or absence of a standard. Such discussions are permissible, provided that no discussion participant reveals its specific practices or plans regarding customers, products, or suppliers. Under no circumstances shall there be any discussion of past, present or future prices, pricing policies, pricing methods or pricing strategies.
   
   Use of the Site will be monitored by The The ESTA Foundation representatives to ensure that these guidelines are being followed. Any member or user and/or employee of any member or user who fails to adhere to these guidelines may be prohibited from participating in the Site or any forum therein. Furthermore, such member may also be expelled from The The ESTA Foundation. Any user of the Site who believes these guidelines may have been violated should immediately contact The ESTA Foundation.
   

8. Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to The The ESTA Foundation through this Site is deemed non-confidential and shall be the non-exclusive property of The The ESTA Foundation. The The ESTA Foundation is entitled to use any information or ideas, including, without limitation, User Information, submitted for any purpose without restriction and without compensation or acknowledgement of its source.
   

9. Except as otherwise identified, the trademarks including names, logos, slogans and service marks appearing at this Site, whether registered or unregistered, are the property of The The ESTA Foundation or The The ESTA Foundation’s affiliates. Such marks are not to be copied, reproduced, published or in any way used without the written permission of The The ESTA Foundation or the identified owner of the trademark except as specifically permitted by The ESTA Foundation’s written policies, as from time to time amended. Except as otherwise identified, the copyright in the content of this Site is owned by The The ESTA Foundation. No part of this Site may be published, stored or transmitted in any form or means for profit or commercial gain without the express written permission of The ESTA Foundation; provided, however, that you may download and use content displayed on this Site where:

(a) such content is used for instructional, informational or educational purposes only and is not sold, resold or used in any manner to endorse, promote or advertise either (i) any individual or company or other entity or (ii) any product or service for sale or resale, and

(b) you retain all copyright and other proprietary notices contained in the content.


10. You may The ESTAblish Hyperlinks either to this Site or away from this Site without The ESTA Foundation’s prior consent, provided, however, that The ESTA Foundation reserves the right, in its sole discretion, to remove a Hyperlink to this Site or away from this Site at any time and for any reason.
    

11. The ESTA Foundation advises you to exercise discretion while browsing this Site and the Internet. In addition, Hyperlinks on this Site may direct you to sites containing information that some people may find offensive or inappropriate. Such linked Web sites may not be under the control of The ESTA Foundation and The ESTA Foundation does not make any representations concerning any such Web sites that you may access via a Hyperlink from this Site, and accordingly, The ESTA Foundation is not responsible for the accuracy, copyright compliance, legality, legitimacy or decency of material contained in Web sites which may be accessible via a Hyperlink to or from Site or for the Hyperlink itself. The ESTA Foundation is providing these Hyperlinks to you only as a convenience and the inclusion of any Hyperlink on this Site is not and should not imply any endorsement by The ESTA Foundation of such linked Web sites.
    

12. ALL INFORMATION (INCLUDING, WITHOUT LIMITATION, USER INFORMATION), CONTENT OR PRODUCTS OR SERVICES ON OR OBTAINED THROUGH THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. The ESTA Foundation DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY SERVICE, DATABASE, MATERIAL OR OTHER PRODUCT OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY The ESTA Foundation, INCLUDING ANY HYPERLINKED SITE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR FREE FROM ERRORS, BUGS OR SOFTWARE VIRUSES OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL The ESTA Foundation HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS SITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
    

13. YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS SITE, ANY INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE The ESTA Foundation WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, The ESTA Foundation DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE. YOUR INSTALLATION AND INPUTS, AS WELL AS THIRD PARTY SYSTEMS AND PROCEDURES, MAY INFLUENCE THE OUTPUT AND ERRORS IN ANY ORDER OR ELECTRONIC TRANSMISSION OR COMMUNICATION, AND CAN RESULT IN SUBSTANTIAL ERRORS IN OUTPUT, INCLUDING INCORRECT INFORMATION, ORDERS AND AGREEMENTS. IN ADDITION, ERRORS MAY BE INTRODUCED INTO INFORMATION OR ORDERS IN THE COURSE OF THEIR TRANSMISSION OVER ELECTRONIC NETWORKS. YOU SHALL IMPLEMENT AND TAKE RESPONSIBILITY FOR APPROPRIATE REVIEW AND CONFIRMATION PROCEDURES TO VERIFY AND CONFIRM ORDERS OR OTHER TRANSACTIONS IN WHICH YOU PARTICIPATE USING The ESTA Foundation’S WEB SITE, INFORMATION, SERVICES, DATABASES, SYSTEMS OR OTHER MATERIAL.
    

14. YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY POSTING MADE BY OR FOR YOU TO THIS SITE OR ANY INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE WEB SITE OR ANY SYSTEM, SOFTWARE OR DATA OF The ESTA Foundation OR ANY OTHER USER OF THE The ESTA Foundation INFORMATION, SERVICES, DATABASES, MATERIALS OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD The ESTA Foundation AND ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.
    

15. NEITHER The ESTA FOUNDATION NOR ITS MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS SITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEB SITE OR ANY The ESTA Foundation INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY INFORMATION, CONTENT, OR SERVICE PROVIDED BY The ESTA Foundation THROUGH THIS SITE, ANY INFORMATION PROVIDED IN THE The ESTA Foundation SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS SITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT The ESTA FOUNDATION IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
    

16. If any part or parts of these Terms and Conditions of Use and Disclaimers are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms and Conditions of Use and Disclaimers affects any statutory rights of consumers that cannot be waived or limited by contract. The use by you of this Site, the The ESTA Foundation information, content, services or other materials, and any and all other matters between The ESTA Foundation and you related hereto, shall be governed by applicable United States federal law and the laws of the State of New York, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this Site or any The ESTA Foundation information, content, service or other product. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being.
    

17. You agree to comply with all applicable export laws, regulations and restrictions. Information The ESTA Foundation places on or makes available through this Site may contain references or cross references to The ESTA Foundation or third party products, programs and services that are not announced or available in your country. Such references do not imply that either The ESTA Foundation or such third party intends to announce or make available such products, programs or services in your country. Consult The ESTA Foundation or the applicable third party for information regarding any such products, programs or services. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Any rights not expressly granted herein are reserved.
    

18. Any software which is downloaded from this Site or other The ESTA Foundation system or service for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable.
    

19. If the user has any questions regarding this Site or its contents, or these Disclaimers and Notices, contact The ESTA Foundation at .