ESCO reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time, without notice, and in its sole discretion. Any changes or modification will be effective upon posting to the Site. You should frequently review the Site Terms and applicable policies to understand the terms and conditions applicable to your use of the Site, as your continued use following the posting of any changes or modifications to the Site Terms or to any other ESCO policy or guideline will constitute your acceptance of such changes or modifications.
BY ACCESSING, BROWSING, AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE SITE TERMS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AND ANY SUBSEQUENT CHANGES. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.
Incorporated Policies or Terms
Copyright and Trademark. The Site Terms are subject to and incorporated by this reference into ESCO Group LLC’s policies for use of its and other’s Intellectual property, including but not limited to copyrights, trademarks, and trade names. These policies can also be found on the Site.
Terms and Conditions of Sale. Transactions with ESCO Sites offering products or services for purchase may be subject to terms and conditions of sale required as a condition to completion of the transaction. These terms and conditions of sale may be posted on the ESCO Site or set forth in a separate agreement with you. Your transactions will be governed by such terms and conditions of sale; therefore, you should review them carefully.
ESCO makes no guarantee of the security of any data or information passing across or accessible from the Site. The Internet is an open, public environment and no guarantee of security can be made or implied.
Site License and Access
ESCO grants you a limited license to make personal use only of the Site. This is not an all-inclusive list; however, such grant does not include: (a) any resale or commercial use of the Site or any content from the Site; (b) the collection or use of any product listings or product descriptions; (c) making derivative uses of the Site or any content from the Site; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not receiving any right, grant, or license (by implication, estoppel, or otherwise) to any patent, trademark, copyright, or other intellectual property or proprietary right of ESCO or any third party.
You may not use, frame, or utilize framing techniques to enclose any ESCO trademark, logo or other proprietary information (including the images found at this Site, or the content of any text or the layout/design of any page or form contained on a page) without ESCO’s express written consent. Further, you may not use any metatags or any other “hidden text” utilizing an ESCO name, trademark, or product name without ESCO’s express written consent.
Any unauthorized use of the Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws, or communications regulations and statutes. All violators will be fully prosecuted and ESCO reserves the right to seek all remedies and damages to which it may be entitled.
Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray ESCO or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use an ESCO logo or other proprietary graphic or trademark of ESCO to link to this Site without the express written permission of ESCO. This limited right may be revoked at any time.
Third Party Links. ESCO makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party sites accessible by hyperlink from this Site, or third-party sites linking to this Site. The third-party linked sites are not under the control of ESCO and ESCO is not responsible for the content of any third-party linked sites, or any link contained in a third-party linked site, or any review, changes or updates to such sites. ESCO is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, sponsorship, or adoption by ESCO of the site or any information contained in such site. Further, reference to any third-party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by ESCO. When leaving the ESCO Site, you should be aware that ESCO’s terms and policies no longer govern; and therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of any third-party sites.
“AS IS” BASIS. THE ESCO SITES AND THE MATERIALS IN THE ESCO SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE ESCO SITES, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE ESCO SITES, IS AT YOUR SOLE RISK. ESCO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE ESCO SITES. ESCO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE ESCO SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. WHILE ESCO ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE ESCO SITES ARE SAFE, ESCO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE ESCO SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL ESCO BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in these Site Terms that directly conflict with such laws may not apply to you.
Applicable Law and Venue
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Oregon, U.S.A., applicable to agreements made and entirely to be performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in a state or federal court located in Multnomah County, Oregon, U.S.A., and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, ESCO reserves the right, without notice and in its sole discretion, to terminate your license to use the ESCO Sites, and to block or prevent future access to and use of the ESCO Sites.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated to the minimum extent necessary so that these Site Terms will otherwise remain in full force and effect.
The failure of ESCO to exercise or enforce any right or provision of these Site Terms shall not operate as a waiver of such right or provision. Any waiver of these Site Terms must be in writing and signed by an authorized representative of ESCO.
Questions or comments about the ESCO Sites should be directed to the ESCO webmaster.