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.
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.
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.
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.
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
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.
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.
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.