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 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 the Site Terms or other 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.
Questions or comments about the Site or its contents should be directed to the ESCO webmaster.
Incorporated Policies or Terms
Copyright and Trademark. The Site Terms are subject to and incorporate by this reference ESCO Corporation's policies for use of its and other’s copyrights, trademarks, trade names and other intellectual property. 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.
Site License and Access
ESCO grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or its content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, 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, 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 (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.
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 site 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, or adoption by ESCO of the site or any information contained therein. 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 that site.
ESCO is sensitive to privacy issues. Accordingly, it is important that you know how we treat the information about you we receive on the Internet. In general, you can visit ESCO Sites without telling us who you are or revealing any information about yourself. Our web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed, and other similar information. ESCO uses this information to measure the use of the Site and to improve content.
Certain ESCO Sites require you to supply certain personal and corporate data as a condition to access and use. ESCO and its subsidiaries and affiliates consider this data to be private and confidential, and will use the same degree of care in safeguarding this information that is used to protect their own confidential information. By providing ESCO with this information, you agree that any information or comments you provide may be shared between ESCO, its subsidiaries and affiliates only, and used without restriction to process customer orders and improve or market ESCO’s products and services. ESCO does not sell or transfer your information to third parties. ESCO will use reasonable efforts to keep this information secure in order to safeguard you and your company from loss of privacy and confidentiality. However, ESCO makes no guarantee of the security of data or information passing across the Site. The Internet is an open, public environment and no guarantee of security can be made or implied.
“AS IS” BASIS. THIS SITE AND THE MATERIALS CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.
WARRANTY DISCLAIMER. 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 SITE. ESCO DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. ESCO IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE ESCO ATTEMPTS TO ASSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, ESCO CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ESCO reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ESCO.
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.
Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.
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 state or federal court located in Multnomah County, Oregon, U.S.A., and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.
Notwithstanding any of these terms and conditions, ESCO reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions