Legal Notices

By accessing, browsing and/or using the pages in Environmental Systems Products Holdings Inc.’s (referred to as “ESP”) web site, and any other site owned, operated, licensed, or controlled by ESP or any of its related, affiliated or subsidiary companies, you agree to these terms and conditions. If you do not agree, you should not access the sites. If you are currently a party to a formal purchase agreement with ESP or any of its affiliates, the terms of that agreement will supersede any terms of these sites to the extent inconsistent.

Site Conduct and Restrictions

The Sites www.esp-global.com and www.esp-texas.com (referred to as the "Sites") and any other site owned, operated, licensed, or controlled by ESP or any of its related, affiliated or subsidiary companies may not be copied or distributed, or republished, uploaded, posted or transmitted in any way, without the prior written consent of ESP. However, you may download one copy of the content on one computer for use on that computer only, provided you do not delete or change any copyright, trademark or other proprietary notices, and provided you do not further copy or post the content on any network computer or distribute the content in any media. Modification or use of the content for any other purpose violates ESP's intellectual property rights. ESP owns or has licensed all content contained in the Sites and retains all rights and titles to them. The content in the Sites are to be used for lawful purposes only. You may not transmit through the Sites: software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Sites or their contents.

Software Licenses and Content

All content and software (if any) including, without limitation, all files, images and/or applets contained in or generated by software, and accompanying data (together, the "Software") that is made available to view and/or download in connection with the ESP Sites, is owned by and copyrighted by ESP and is protected by copyright laws. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a license agreement, ESP hereby grants to you, the user, a revocable personal, non-transferable license to use the Software for viewing and otherwise using in accordance with the Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.

User IDs and Passwords

You will be solely responsible for the maintenance and security of your login identifier and password. Your login identifier and password are unique to you, and you agree not to disclose or share your login identifier and password with any third party. ESP reserves the right to deny or revoke access to these Sites, or any part thereof, at any time in our sole discretion, with or without cause. Your access to these Sites will terminate upon the termination of this Agreement for any reason.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ESP SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE ESP SITES AND TO THE INFORMATION THEREIN.

ESP AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ESP SITES AT ANY TIME.

ESP AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE ESP SITES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ESP AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT ESP SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN ESP SITE. YOU SPECIFICALLY AGREE THAT ESP IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT ESP IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN AN ESP SITE BY ANY THIRD PARTY.

IN NO EVENT SHALL ESP AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ESP SITES WITH THE DELAY OR INABILITY TO USE THE ESP SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE ESP SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ESP SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ESP OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ESP SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ESP SITES.

Products and Pricing

All ESP products sold through these Sites are subject to ESP's standard Terms and Conditions of Sale unless otherwise specified. Product prices, configurations, and availability are subject to change at any time by ESP. Including changes to pricing and Terms and Conditions of Sale. ESP shall have the right to refuse or cancel any order or delivery at any item for any reason including in the event of a pricing error. Currently, the products displayed are available for delivery to addresses within the United States only. All prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.

Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to ESP through these Sites (together, the "Submission") will forever be the property of ESP and you waive all of your rights, including but not limited to moral rights, therein if applicable. Except as described in our Privacy Policy, ESP will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future ESP operations. Without limitation, ESP will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere. Except as noted below in the last paragraph of this section, ESP will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission.

Your Submission, including personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at ESP's option and at your sole expense), indemnify and hold ESP harmless from any damages, losses, costs, or expenses, including attorneys' fees, which ESP may incur as a result of your Submission. If you are viewing these Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off these Sites and the computer system you are using to prevent unauthorized Submissions or access to your ESP account. ESP retains the right to review, edit, or delete from these Sites any Submission, which ESP in its sole discretion considers illegal, offensive, or otherwise inappropriate. You are solely responsible for maintaining and keeping secure your ESP account information.

Trademark Information

System1 Accuscan, IntelliTrak, Fastpass, SAM, and Diesel-Sense are registered trademarks of ESP. All other trademarks, service marks, domain names, logos, and company names referred to on these Sites are the property of their respective owners, including, in some instances, ESP. Our trademarks and trade dress may not be used in any manner for any purpose without our express written consent in each instance. Patents used in connection with the Site are the property of their respective owners, which may include us. In countries where any of the ESP trademarks, service marks, domain names, logos and company names are not registered, ESP claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on these Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of ESP or any third party without permission from the owner. You may contact ESP by sending an e-mail to ESPinfo@etest.com, or by writing to Environmental Systems Products, 11 Kripes Road, East Granby, CT 06026-9720, Attn: Website Administrator to request written permission to use any content on these Sites for purposes other than stated in the Terms and Conditions or for all other questions relating to these Sites.

Links to Third Party Sites

The ESP Sites may contain links to third party web sites ("Linked Sites"). The Linked Sites are not under the control of ESP and ESP is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. ESP is not responsible for webcasting or any other form of transmission received from any Linked Site nor is ESP responsible if the Linked Site is not working appropriately. ESP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ESP of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties included within ESP Sites or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. ESP shall not be responsible or liable for any part of any such dealings or promotions.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site.

Jurisdiction and Compliance with Laws

Except as described otherwise, all content on these Sites are made available only to provide information about ESP. Some software from these Sites may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone in the US Treasury Department's Specially Designated national list, or (c) to anyone on the US Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, or a national or resident of any such country or on any such list.

All information available at these Sites may be subject to US export control laws and may also be subject to the laws of the country where you reside. All ESP products and publications are commercial in nature. Any content copied or downloaded from these Sites for or on behalf of the United States of America, its agencies and or instrumentalities ("U.S. Government") is provided with restricted rights.

Access to these Sites and its terms and conditions are governed by U.S. federal law. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE SITE SHALL BE INSTITUTED ONLY IN A STATE OR FEDERAL COURT LOCATED IN THE STATE OF CONNECTICUT, U.S.A. YOU AND ESP AGREE TO SUBMIT TO THE JURSIDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

Waiver

No delay or omission by ESP to exercise any right occurring upon any noncompliance on your part with respect to any of the terms of this agreement will impair any such right or power or be construed to be a waiver thereof. Any waiver by ESP of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.

Modifications to Terms and Conditions

ESP can revise these Terms and Conditions at any time by modifying or updating this posting. Your use of these Sites on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated.

Miscellaneous

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any information related to your use of these Sites for illegal purposes will be provided to law enforcement authorities. These Terms and Conditions and the Privacy Policy constitute the entire agreement between the parties relating to the use of these Sites.

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