Liability, law and disputes in Esano's terms

Esano's terms are governed by Oklahoma law, and the legal sections limit what Esano is responsible for. This article explains them in plain language. The binding text is at esano.com/terms-of-use, and it controls if anything here differs.

"As is" and no warranties

The terms say the website, its content and the products on it are provided "as is" and "as available," without warranties. Esano doesn't guarantee that downloads will be free of viruses or will work as intended. You are responsible for your own antivirus protection and for keeping backups. See Are Esano downloads scanned for viruses? Esano also says it doesn't design, write, make or control the products shops sell, and it gives no warranties on them. Warranties that the law doesn't allow to be excluded are not affected.

Limits on Esano's liability

• Esano, its affiliates and its providers aren't liable for damages of any kind that arise from your use of, or inability to use, the website or the products you get through it, to the fullest extent the law allows.
• In cases not covered by that exclusion, the total liability to any party is capped at the greater of $100 or the amount you paid Esano in the last six months for the product or service involved.
• For purchases, Esano isn't liable for a shop's failure to honor its obligations to you.
• For sellers, Esano isn't liable for defects in your products or for special, indirect or consequential damages such as lost profits.

Liability that can't be excluded or limited under the law isn't affected. See buyer terms for online purchases and Esano seller terms in plain language.

Your responsibility to Esano

You agree to defend, cover and hold harmless Esano and the people connected to it against claims, losses and costs, including reasonable attorneys' fees, that arise from:

• Your violation of the terms or the documents they incorporate
• Your use of the website, including what you post
• Using the website's content, services or products in ways the terms don't allow
• Your use of information from the website

Sellers also cover Esano against claims that come from their breach, including claims that their products infringe someone else's rights. See Copyright and original work rules for sellers.

Governing law and courts

• Oklahoma law governs the terms and any dispute connected to them.
• Any legal action must be filed in the District Court of Oklahoma County, Oklahoma.
• A claim must be started within one year after it arises, or it is permanently barred.
• By using the website, you waive your right to a jury trial. Claims are tried to a judge.

Class action waiver for purchases

For claims between you and Esano that arise from buying products through the website, the Online Sales terms say you give up the right to a jury trial and to take part in a class or representative action. Each claim is decided on its own, by a judge.

Attorney fees

If Esano has to defend or pursue a claim about the website or the terms and wins, you are responsible for its reasonable attorney fees, costs and expert witness expenses.

Where the website is based

The terms say the owner of the website is based in Oklahoma and that Esano is for people located in the United States and its territories. See who can use Esano.

Questions

Email customerservice@esano.com or see Contact us.