The ESL News Stories website located at eslnewsstories.com is a copyrighted work belonging to ESL News Stories. Certain
features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site
in connection with such features.
All such additional terms, guidelines, and rules are incorporated by reference to these Terms.
LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT, and you represent that you have the authority
and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU
DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also
limit the remedies available to you in the event of a dispute.
Access to the Site
Subject to these Terms. ESL News Stories grants you a non-transferable, non-exclusive, revocable,
limited license to access the Site solely for your own personal, noncommercial use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following
restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse
engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive
website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed,
republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise
indicated, any future release, update, or other addition to functionality of the Site shall be subject to these
Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
ESL News Stories reserves the right to change, suspend, or cease the Site with or without notice to you. You
approved that ESL News Stories will not be held liable to you or any third-party for any change, interruption, or
termination of the Site or any part.
No Support or Maintenance. You agree that ESL News Stories will have no obligation to provide you
with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights,
including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by ESL News Stories or ESL News Stories' suppliers. Note that these Terms and access to the Site do not give you any rights,
title, or interest in or to any intellectual property rights, except for the limited access rights expressed in
Section 2.1. ESL News Stories and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services,
and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of
ESL News Stories, and ESL News Stories is not responsible for any Third-Party Links & Ads. ESL News Stories provides
access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor,
endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party
Links & Ads at your own risk and should apply a suitable level of caution and discretion in doing so. When you
click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including
the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content.
Because we do not control User Content, you acknowledge and agree that we are not responsible for any User
Content, whether provided by you or by others. You agree that ESL News Stories will not be responsible for any loss
or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user,
we are under no obligation to become involved.
You hereby release and forever discharge ESL News Stories and our officers, employees, agents, successors, and
assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim,
controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has
arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are
a California resident, you hereby waive California civil code section 1542 in connection with the foregoing,
which states: "a general release does not extend to claims which the creditor does not know or suspect to exist
in his or her favor at the time of executing the release, which if known by him or her must have materially
affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, ESL News Stories uses ‘cookies’. These cookies
are used to store information including visitors’ preferences, and the pages on the website that the visitor
accessed or visited. The information is used to optimize the users’ experience by customizing our web page
content based on visitors’ browser type and/or other information.
Google DoubleClick DART Cookie. Google is a third-party vendor on our site. It also uses
cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and
other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the
The site is provided on an "as-is" and "as available" basis, and ESL News Stories and our suppliers expressly
disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including
all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment,
accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your
requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate,
reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any
warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the
date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to
you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation
may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall ESL News Stories or our suppliers be liable to you or
any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect,
consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or
your use of, or incapability to use the site even if ESL News Stories has been advised of the possibility of such
damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for
any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our
liability to you for any damages arising from or related to this agreement, will at all times be limited to a
maximum of fifty U.S. dollars (U.S. $50). The existence of more than one claim will not enlarge this limit. You
agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and
effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any
reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination
of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.
You understand that any termination of your Account may involve deletion of your User Content associated with
your Account from our live databases. ESL News Stories will not have any liability whatsoever to you for any
termination of your rights under these Terms. Even after your rights under these Terms are terminated, the
following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4
ESL News Stories respects the intellectual property of others and asks that users of our Site do the same. In
connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for
the removal of any infringing materials and for the termination of users of our online Site who are repeated
infringers of intellectual property rights, including copyrights. If you believe that one of our users is,
through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written notification (pursuant to 17
U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by
the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are
either the owner of the copyright that has allegedly been infringed or that you are authorized to act on
behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written
notification automatically subjects the complaining party to liability for any damages, costs and attorney’s
fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by
sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the
changes on our Site. You are responsible for providing us with your most current e-mail address. In the event
that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to
these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail
notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These
changes will be effective immediately for new users of our Site. Continued use of our Site following notice of
such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and
conditions of such changes.
Please read this Arbitration Agreement carefully. It is part of your contract with ESL News Stories and affects
your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms
or the use of any product or service provided by the ESL News Stories that cannot be resolved informally or in
small claims court shall be resolved by binding arbitration on an individual basis under the terms of this
Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This
Arbitration Agreement applies to you and the ESL News Stories, and to any subsidiaries, affiliates, agents,
employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or
beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration,
the party must first send to the other party a written Notice of Dispute describing the nature and basis of the
claim or dispute, and the requested relief. A Notice to the ESL News Stories should be sent to: [email protected]. After the Notice is received, you and
ESL News Stories may attempt to resolve the claim or dispute informally. If you and ESL News Stories do not
resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an
arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the
arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration
Association, an established alternative dispute resolution provider that offers arbitration as set forth in this
section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.
The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in
conflict with the Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at
adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral
arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S.
Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the
party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S.
Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any
hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United
States, and unless the parties agree otherwise. If you reside outside of the U.S., the arbitrator shall give
the parties reasonable notice of the date, time, and place of any oral hearings. Any judgment on the award
rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you
an award that is greater than the last settlement offer that ESL News Stories made to you prior to the
initiation of arbitration, ESL News Stories will pay you the greater of the award or $2,500.00. Each party
shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the
fees and costs of the ADR Provider.
Additional Rules for Non-Appearance-Based Arbitration. If non-appearance-based arbitration is
elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the
specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any
personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or ESL News Stories pursues arbitration, the arbitration action must be
initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules
for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights
and liabilities of you and ESL News Stories, and the dispute will not be consolidated with any other matters or
joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of
all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any
non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.
The arbitrator shall issue a written award and statement of decision describing the essential findings and
conclusions on which the award is based. The arbitrator has the same authority to award relief on an individual
basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and
ESL News Stories.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO
TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be
resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited,
more efficient, and less expensive than rules applicable in a court and are subject to very limited review by a
court. In the event any litigation should arise between you and ESL News Stories in any state or federal court in a
suit to vacate or enforce an arbitration award or otherwise, YOU AND ESL News Stories WAIVE ALL RIGHTS TO A JURY
TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this
arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis and
claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of
any other customer or user.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.
The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not
prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to
enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be
invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no
force and effect and shall be severed and the remainder of the Agreement shall continue in full force and
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration
Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect
any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your
relationship with ESL News Stories.
Small Claims Court. Nonetheless the foregoing, either you or ESL News Stories may bring an
individual action in small claims court.
Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable
relief before a state or federal court in order to maintain the status quo pending arbitration. A request for
interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation,
violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent,
copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the
parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County,
California, for such purposes.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other
countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data
acquired from ESL News Stories, or any products utilizing such data, in violation of the United States export laws
If you are a California resident, you may report
complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of
Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800)
Electronic Communications. The communications between you and ESL News Stories use electronic
means, whether you use the Site or send us emails, or whether ESL News Stories posts notices on the Site or
communicates with you via email. For contractual purposes, you (a) consent to receive communications from ESL News Stories in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures,
and other communications that ESL News Stories provides to you electronically satisfy any legal obligation that
such communications would satisfy if it were in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use
of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a
waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal
or contractual effect. The word "including" means "including without limitation". If any provision of these
Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the
invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum
extent permitted by law. Your relationship to ESL News Stories is that of an independent contractor, and neither
party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be
assigned, subcontracted, delegated, or otherwise transferred by you without ESL News Stories’ prior written
consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will
be null and void. ESL News Stories may freely assign these Terms. The terms and conditions set forth in these
Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and
service marks displayed on the Site are our property or the property of other third-parties. You are not
permitted to use these Marks without our prior written consent or the consent of such third party which may own