TERMS OF USE PLEASE READ THE FOLLOWING IMPORTANT LEGAL NOTICE CAREFULLY BEFORE USING OUR WEB SITE. By using this web site you are indicating your agreement to these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use the site and exit now. We may revise these Terms at any time without prior notice by updating this page and such revisions will be effective upon posting to this page. Please check this page periodically for any changes. Your continued use of this web site following the posting of any revisions to these Terms will mean you accept those changes. GENERAL USE PROVISIONS The information contained in the ESM, LC web site is solely for informational purposes, does not create a professional relationship, and does not in any way substitute for professional consultation and advice, generally or in a particular case. Although we attempt to keep our web site as current and accurate as possible we have also included older, archived materials on our site. We cannot assure you that all the information will be applicable to your situation, accurate, complete, or up to date. Nor can we assure you that our web site always will be available or free of functional defects. We disclaim any and all liability in respect to actions taken or not taken based on any of the contents of this web site. LINKS TO THIRD PARTY SITES This web site may contain links to web sites controlled by parties other than ESM, LC (“ESM”). ESM is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. ESM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESM of the linked web site. SUBMISSIONS Except where expressly provided otherwise by ESM, all comments, feedback, information or materials submitted to ESM through or in association with this web site ("Submissions") shall be considered non-confidential and ESM’s property. By providing such Submissions to ESM, you agree to assign to ESM, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. ESM shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not ESM, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. DISCLAIMER EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY ESM, WEB SITE IS PROVIDED "AS IS" AND ESM HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY IN NO EVENT SHALL ESM BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL AND DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, DATA OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF ESM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHOULD ESM’S TOTAL LIABILITY TO YOU EXCEED IN EXCESS OF THE AMOUNTS, LIMITS, OR CONDITIONS OF ITS INSURANCE POLICIES IN EFFECT AT THE TIME. YOU AGREE TO HOLD ESM HARMLESS FROM, AND YOU COVENANT NOT TO SUE ESM FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE. COPYRIGHT AND TRADEMARK INFORMATION No portion of this web site, including without limitation, documents, products, logos, graphics, sounds, images, software, and services from the web site may be copied, distributed, republished, displayed, posted or transmitted in any form or by any means without the prior express written permission of ESM. Except as otherwise indicated, this web site and its entire contents (including, but not limited to, the text, information, software, graphics, images, sound, animation and any other content) are owned by ESM and its third party providers and are protected by domestic and international copyright, trademark and other intellectual property laws. ESM, the ESM logo, traintheprinter, the traintheprinter logo and other ESM product names referenced herein are trademarks of ESM, LC in the United States. All other product names, company names, marks, logos, and symbols are trademarks of their respective owners. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this web site are © 2001-2004 ESM, LC, 22 River Street, Braintree, MA 02184-3235 U.S.A. All rights reserved. LEGAL CONTACT INFORMATION If you have any questions about these Terms please contact ESM at 781-356-7432. January 2004