Last modified: June 5, 2023
These Platform Terms of Use and Service, together with any documents or other terms and conditions or agreements expressly incorporated by reference (collectively, the “Terms”), constitute a legally binding agreement between you, or any company you represent (collectively, “You,” “you,” or “User”), and Earth Science Systems, LLC (“ESS”). The Terms govern all User access to and use of https://www.earthsciencesystems.com, https://esscloud.net, and any other ESS website or client portal (collectively, the “Websites”), any ESS mobile, desktop or web apps (the “Apps”), any content, functionality, technology solutions and services offered on or through the Websites or Apps, including subscription services (collectively, the “Services”), the licensing of ESS software or applications (“Software”), and the purchase of equipment, products or goods (the “Products”) through the Websites or Apps or directly from ESS or its authorized resellers or dealers. The Websites, Apps, Services and Software are collectively referred to as the “ESS Platform.”
Please read the Terms carefully before you start to use the ESS Platform. By using the ESS Platform in any way, including by viewing or browsing the Websites, using the Apps, accessing, using or purchasing Services, or viewing any ESS communications (including emails from ESS), or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and the ESS Privacy Policy, found at https://esscloud.net/legal/privacy and incorporated herein by reference.
This ESS Platform is offered and available to users who are 18 years of age or older. By accessing or using the ESS Platform, you represent and warrant that you are of legal age to form a binding contract with ESS and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the ESS Platform.
ESS may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when ESS posts them and apply to all access to and use of the ESS Platform thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the ESS Platform.
Your continued use of the ESS Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.
ESS reserves the right to withdraw or amend the ESS Platform, and any service or material provided on the ESS Platform, in ESS's sole discretion without notice. ESS will not be liable if for any reason all or any part of the ESS Platform is unavailable at any time or for any period. From time to time, ESS may restrict access to some parts of the ESS Platform, or the entire ESS Platform, to users, including registered users.
You are responsible for:
To access or use the ESS Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the ESS Platform that all the information you provide on the ESS Platform or to ESS is correct, current and complete. You agree that all information you provide to register with the ESS Platform, post on the ESS Platform, or otherwise, including but not limited to through the use of any interactive features on the ESS Platform, is governed by the ESS Privacy Policy, and you consent to all actions ESS takes with respect to your information consistent with the Privacy Policy.
If you choose, or are provided with, a username, password or any other piece of information as part of ESS security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the ESS Platform or portions of it using your username, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify ESS immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You also represent and warrant that: (i) you will not select or utilize a username (including an email address used as a username) of another person with intent to impersonate that person; (ii) you will not select or utilize a username in which another person has rights, if you do not have that person's authorization to use such name; and (iii) you will not select or utilize a use name that ESS in its sole discretion deems offensive.
ESS has the right to disable any username, password or other identifier, whether chosen by you or provided by ESS, at any time in its sole discretion for any or no reason, including if, in ESS's opinion, you have violated any provision of these Terms.
The ESS Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ESS, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the ESS Platform, except as follows:
You must not:
Except as otherwise agreed between you and ESS, you must not access or use for any commercial purposes any part of the ESS Platform including any Services, Apps, Software, Products, or other materials available through the ESS Platform or from ESS, or use the ESS Platform or any Products for other than their intended use.
If you wish to make any use of material on the ESS Platform other than that set out in this section, please address your request to: cloudservices@earthsciencesystems.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the ESS Platform in breach of the Terms, your right to use the ESS Platform will cease immediately and you must, at ESS's option, return or destroy any copies of the materials you have made. No right, title or interest in or to the ESS Platform or any content on the ESS Platform or provided by the Services, Apps or Software, is transferred to you, and all rights not expressly granted are reserved by ESS. Any use of the ESS Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The ESS name, ESS logos, and all related names, logos, Product and Service names, designs and slogans are trademarks or other intellectual property of ESS or its affiliates or licensors (collectively “Trademarks”). You must not use such Trademarks without the prior written permission of ESS. All other names, logos, product and service names, designs and slogans on the ESS Platform are the trademarks of their respective owners.
You may use the ESS Platform only for lawful purposes and in accordance with these Terms. You agree not to use the ESS Platform:
Additionally, you agree not to:
The ESS Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the ESS Platform.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the ESS Platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the ESS Platform, you grant ESS and its affiliates and service providers, and each of their and ESS’ respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ESS, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
ESS is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the ESS Platform.
ESS has the right to:
Without limiting the foregoing, ESS has the right to fully cooperate with any law enforcement authorities or court order requesting or directing ESS to disclose the identity or other information of anyone posting any materials on or through the ESS Platform. YOU WAIVE AND HOLD HARMLESS ESS AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, ESS cannot and does not undertake to review all material before it is posted on the ESS Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, ESS assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. ESS has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards (“Content Standards”) apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see ESS’ Copyright Policy set forth below for instructions on sending ESS a notice of copyright infringement. It is the policy of ESS to terminate the user accounts of repeat infringers.
The information presented on or through the ESS Platform is made available solely for general information purposes. ESS does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. ESS disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the ESS Platform, or by anyone who may be informed of any of its contents.
The ESS Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ESS, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ESS. ESS is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
ESS may update the content on the ESS Platform from time to time, but its content is not necessarily complete or up to date. Any of the material on the ESS Platform may be out of date at any given time, and ESS is under no obligation to update such material.
All use of the Apps and other Software is governed by the terms of the ESS License Agreement, https://esscloud.net/legal/eula, hereby incorporated by reference.
With respect to any Apps or Software incorporated in or forming a part of the Products and provided as part of a subscription (the Subscription Software”), ESS retains all rights and interest in and to the Subscription Software, and grants to End User a license to use to use Subscription Software and related documentation solely for End User's own internal business purposes in conjunction with the applicable Product, as long as End User is current with subscription payments. All subscriptions terminate when End User’s lawful possession of the Products ceases, unless earlier terminated as provided herein. End User agrees to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the Subscription Software and related documentation provided. End User may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the Subscription Software without ESS's prior written consent. ESS will be entitled to terminate this license if End User fails to comply with any applicable term or condition herein.
Subscriptions are billed according to the schedule you signed up for (i.e. monthly, quarterly, semi-annually, or annually) and are not refundable once they have been charged. ESS does not issue pro-rated refunds on any unused portion of the subscription.
If you do not cancel any subscription prior to the end of the initial term, or then current term, the Subscription will automatically renew for the same period as the initial subscription at the then current ESS rate, and automatically billed and charged using the payment method originally used to purchase the subscription. To cancel a subscription, you must provide written notice to ESS no later than thirty days prior to the end of the then-current term.
All Products purchased from ESS are subject to the ESS Terms of Sale, located at https://esscloud.net/legal/terms-of-sale and incorporated herein by reference.
All Products are governed by the ESS Product Warranty, located at https://esscloud.net/legal/waranty and incorporated herein by reference.
All sales of Products are final. ESS does not offer any returns, exchanges, or refunds.
From time to time, ESS may provide you with links to third party websites or services that it does not own or control. Your use of the ESS Platform may also include the use of applications that are developed or owned by a third party. Your use of such third-party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third-party application, website or service that you visit or use.
Stripe is used to process subscriptions, billing information and to execute credit card transactions. For your security, and to comply with credit card processing policies, Earth Science Systems does not store and cannot access your credit card information. Stripe's data collection is governed by its privacy policy.
Twilio is used to send you text messages in order to verify your identity.
Data collected by Twilio is subject to its privacy policy:
Twilio is used to provide your ESS Products with cellular connectivity if you subscribe to such services. Your use of such subscriptions is subject to Twillio’s terms of service and acceptable usage policies:
Data collected by Twilio is subject to its privacy policy:
Your use of PointPerfect corrections services is subject to the terms of service of ESS’s corrections provider Thingstream, a division of u-blox. Data collected by u-blox is subject to its privacy policy:
Your use of data storage functionality is subject to the terms of service of the ESS storage provider Wasabi:
Data collected by Wasabi is governed by its privacy policy:
Videos accessible through the ESS Platform may be hosted by Vimeo. Data collected by Vimeo is governed by their privacy policy:
All information ESS collects via the ESS Platform, including the Services, is subject to ESS’s Privacy Policy. By using the ESS Platform, you consent to all actions taken by ESS with respect to your information in compliance with the Privacy Policy.
You may link to ESS Website homepages at https://www.earthsciencesystems.com and https://esscloud.net provided you do so in a way that is fair and legal and does not damage ESS’s reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on ESS’s part without ESS’s express written consent.
The ESS Platform may provide certain social media features that enable you to:
You may use these features solely as they are provided by ESS, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions ESS provides with respect to such features. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.
You agree to cooperate with ESS in causing any unauthorized framing or linking immediately to cease. ESS reserves the right to withdraw linking permission without notice.
ESS may disable all or any social media features and any links at any time without notice in ESS’ discretion.
If the ESS Platform, including the Services, Apps and Software, contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. ESS has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the ESS Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the ESS Platform, ESS, is based in the state of Colorado in the United States. ESS makes no claims that the ESS Platform or any of its content is accessible or appropriate outside of the United States. Access to the ESS Platform may not be legal by certain persons or in certain countries. If you access the ESS Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the ESS Platform or using the Services, Aps or Software from a country other than the country in which the ESS servers are located, your communications with ESS may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting or using the ESS Platform, using the Services, Apps, or Software, and/or communicating electronically with ESS, you consent to such transfers. If you access the ESS Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
YOU UNDERSTAND THAT ESS AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE ESS PLATFORM, INCLUDING THE SERVICES, THE APPS AND THE SOFTWARE, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO ESS PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. ESS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR EQUIPMENT, PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL, DUE TO YOUR USE OF THE ESS PLATFORM OR ANY SERVICES, APPS, SOFTWARE OR PRODUCTS, OR OTHER ITEMS OBTAINED THROUGH THE ESS PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE ESS PLATFORM, INCLUDING ITS CONTENT AND ANY SERVICES, APPS, SOFTWARE OR PRODUCTS, IS AT YOUR OWN RISK. THE ESS PLATFORM, INCLUDING ITS CONTENT, SERVICES, APPS, SOFTWARE, PRODUCTS, OR GOODS OR ITEMS OBTAINED THROUGH THE ESS PLATFORM (EXCEPT AS SET FORTH IN THE ESS LICENSE AGREEMENT AND ESS PRODUCT WARRANTY), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ESS NOR ANY PERSON ASSOCIATED WITH ESS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE ESS PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ESS NOR ANYONE ASSOCIATED WITH ESS REPRESENTS OR WARRANTS THAT THE ESS PLATFORM, INCLUDING ITS CONTENT, SERVICES, APPS, SOFTWARE, PRODUCTS OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE ESS PLATFORM, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ESS’S WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ESS PLATFORM, INCLUDING THE SERVICES, APPS, SOFTWARE, OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE ESS PLATFORM, WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ESS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL ESS, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ESS PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT, SERVICES, APPS OR SOFTWARE, AVAILABLE THROUGH THE ESS PLATFORM, OR SUCH OTHER WEBSITES, AND ANY PRODUCTS PURCHASED, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless ESS, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the ESS Platform, including, but not limited to, your User Contributions, any use of the ESS Platform's content, Services, Apps. Software, and Products, other than as expressly authorized in these Terms or your use of any information obtained from the ESS Platform.
All matters relating to the ESS Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms, the ESS Platform, including the Services, Apps, Software, and Products, shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City and County of Denver, although ESS retains the right to bring any suit, action or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
By using the ESS Platform, in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against ESS arising out of, relating to, or connected in any way with the ESS Platform or the determination of the scope or applicability of these Terms to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Denver, Colorado; (4) the arbitrator’s decision shall be controlled by these Terms and any of the other agreements referenced herein that you may have entered into in connection with ESS; (5) the arbitrator shall apply Colorado law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (7) the arbitrator shall not have the power to award punitive damages against you or ESS. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor ESS shall be entitled to arbitrate their dispute.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE ESS PLATFORM or products, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
No waiver by ESS of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ESS to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
The Terms, Privacy Policy, and any other agreement between You and ESS, and any other documents referenced in the Terms, constitute the sole and entire agreement between you and ESS with respect to the ESS Platform and Products, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the ESS Platform and Products.
The ESS Platform is operated by Earth Science Systems, LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in ESS’s Copyright Policy as set forth below in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the ESS Platform should be directed to: cloudservices@earthsciencesystems.com
ESS takes claims of copyright infringement seriously. ESS will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the ESS Platform infringe your copyright, you may request removal of those materials (or access to them) from the ESS Platform by submitting written notification to ESS’s 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:
ESS’s designated copyright agent to receive DMCA Notices is:
NAME: DMCA Agent: Chuck Oden
ADDRESS: 11485 W Interstate 70 Frontage Rd Unit B, Wheat Ridge, CO 80033
EMAIL: cloudservices@earthsciencesystems.com
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 ESS Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the ESS Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with ESS (a “Counter-Notice”) by submitting written notification to ESS’s copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
The DMCA allows ESS 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 ESS Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is ESS’s policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.