This website, www.escotechnologies.com, is owned, operated and provided by ESCO Technologies Inc. (“ESCO,” “we” or “us”) from our offices in St. Louis, Missouri, U.S.A. The websites of ESCO’s subsidiaries are each owned, operated and provided by such subsidiaries. However, these Terms will also govern your use of any ESCO subsidiary’s website that is reached through a link from this Site or references or links to these Terms. Unless the context otherwise requires, the term “Site” as used in these Terms includes this website and any such subsidiary website.
These Terms constitute the entire agreement between ESCO and you with respect to your use of any content, information, tools, products or services, websites, mobile or other applications provided by or available through this website, our mobile applications (collectively, “Services”). If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
You agree to these Terms by accessing or using any of the Services. By using the Services, you also agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of our Services, including, but not limited to, copyright laws and export laws. If you do not agree to be bound by all of these Terms, do not access or use the Services.
Permitted Uses of the Services and Materials
Our Services are provided for your personal information and non-commercial use. There will be occasions our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.
The Services contain text, images, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. All original content on this Site is copyrighted as a collective work under the United States Copyright Laws. Trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of ESCO, its subsidiaries, its licensors or content providers, or other third parties, and are the property of their respective owners. Nothing on this Site shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission.
The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any license, ownership or other rights to the Materials.
You may not:
- Circumvent, disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Services or the Materials;
- Engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature;
- Inject content or code or otherwise alter or interfere with the way any part of the Services is rendered or displayed in a User’s browser or device;
- Change, alter or modify any part of the Services for any reason;
- Use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
- Access (or attempt to access) any of the Services, including Materials, by any means other than through the interfaces that are provided by us; or
- Use the Services for any illegal or unauthorized purpose.
This Site and the Services, Materials, information, software, facilities, services, related communications, and other content herein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability, non-infringement or fitness for a particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in the Services; that access to the Services will be uninterrupted or error-free; and that the Site or the Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of the Site or our Services, including damages caused by viruses, worms, Trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of the Site or any Services.
We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising.
Our obligations and responsibilities regarding the products and services which we sell or license to our customers are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
Limitation of Liability; Indemnity
You agree that you assume full responsibility for your use of the Site and the Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering the Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the Site or any Services or Materials (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including Linked Sites. If you are dissatisfied with any of the Materials contained in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and Services.
You agree to indemnify, defend and hold ESCO, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys’ fees) made against ESCO by any third party due to arising out of or in connection with: (i) your use of the Site and access to the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; or (v) any misrepresentation made by you.. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You agree to cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of the Services.
The Materials may contain various forward-looking statements which may be based on or include assumptions concerning ESCO’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the “safe harbor” provisions of the Private Securities Litigation Reform Act of 1995, we provide the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Such factors include the following, without limitation: changes in the current and future business environment, including interest rates and capital and consumer spending; changes in economic conditions in served markets; competitive factors and competitor responses to our initiatives; changes in government laws and regulations, including taxes; intellectual property developments; delivery delays or defaults by customers; performance issues with key suppliers and subcontractors; labor disputes; and successful execution of acquisition strategies and internal operation plans.
Changes in Terms
We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Services and Materials, and will post updates on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in the Services at any time without notice. Your continued use of the Services after any change we make to the Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, we may (i) suspend or terminate your rights to access or use our Services, or (ii) terminate these Terms with respect to you if we believe that you have restricted or inhibited any other user from using or enjoying the Services or in any other way have used the Services in violation of these Terms. Upon termination of these Terms, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed Materials.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting the products of ESCO Technologies Inc. and its subsidiaries in the United States and its territories, possessions, and protectorates. This site is controlled and operated by ESCO Technologies Inc. from its offices within the state of Missouri, United States of America, and these Terms shall be governed by the laws of the State of Missouri, U.S.A., without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on contracts for the international sale of goods.
We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. If you access our Services from a location outside of the State of Missouri, you are responsible for compliance with all applicable local laws.
Material from this site may be subject to United States export controls. No material from this site may be downloaded or otherwise exported or reexported (i) into (or to a national or resident of ) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. By downloading or using the material contained in this site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Last updated: June 2016