Acceptance of Terms of Use
By using the E & D Company, PLLC d/b/a Engineering System Solutions (ES2) World Wide Web pages located within es2eng.com domain, you agree to be subject to and comply with all the following terms of use. Other terms of use may apply with respect to our affiliates’ websites as specified on each such website. We may amend these terms at any time by posting the amended terms on this site.
Modification to Terms of Use
We reserve the right to modify these Terms of Use, as well as all or any part of our website. We encourage you to check back here frequently so that you remain aware of the current Terms of Use.
Privacy Policy
Please review our Privacy Policy, which also governs your visit to es2eng.com domain, to understand our privacy practices.
Electronic Communications
When you use our website, send e-mails to us, or upload information to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will electronically communicate with you by facsimile transmission, e-mail, or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright
All content provided on this site, including but not limited to text, graphics, logos, buttons, images, video and audio clips, digital downloads, data compilations, and software is owned by or licensed to ES2 and/or its affiliates and is protected by United States and international copyright laws. ES2 and its licensors retain all proprietary rights to such content and it may not be reproduced, transmitted or distributed without the prior written consent of ES2. If you believe any content appearing on our website constitutes a copyright or trademark infringement of a third party’s rights, please contact us immediately at contactus@es2eng.com.
Trademarks
Except as noted otherwise by attribution to the actual owner or licensee, all trademarks, service marks, trade names, and logos (“Marks”) posted on this site are either common law or registered trademarks of ES2 and/or its affiliates in the United States or other countries. You may not make any use of ES2’s Marks without the prior written consent of ES2.
Restrictions on Your Use of Our Website
ES2 grants you a limited license to access and use our website: (1) for personal use provided that you maintain all copyright, trademark, and other proprietary rights notices; (2) for reference; and (3) for communicating with us. When used for these permitted purposes you may:
Upload, download, distribute, reproduce, or print materials
Frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of ES2 and/or its affiliates
By accessing and using our site you agree not to:
- Reproduce, duplicate, copy, download, sell, resell, visit, or otherwise exploit for any commercial purpose
- Use meta tags or any other “hidden text” utilizing ES2’s name or Marks
- Upload, download, distribute or print anything that violates these terms of use
- Attempt to disable or in any way interfere with the correct functioning of our domain
- Attempt to access secured portions of our domain to which you do not have access rights
- Upload, submit, or transmit any form of virus, worm, Trojan horse, or other malicious code
- Use our domain to generate unsolicited e-mail advertisements or spam
- Use any automatic or manual process to harvest information from our domain
Any unauthorized use terminates the license granted by ES2.
Disclaimer of Warranties and Limitation of Liability
THE ES2.COM DOMAIN PROVIDED BY ES2 IS ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS OPERATION OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON IT, INCLUDING BUT NOT LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, A DISCLAIMER OF ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON–INFRINGEMENT. ES2 does not warrant the accuracy or completeness of the materials on its domain, nor does ES2 warrant that the functions of its domain will be uninterrupted or error-free, that defects will be corrected, or that its domain or the service by which it is transmitted is free of viruses or other harmful code.
Limitation of Liability
IN NO EVENT WILL ES2 BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS OR USE OF THE ES2.COM DOMAIN.
Indemnification
You agree to indemnify, defend and hold harmless ES2, its officers, directors, owners, partners, employees, agents, licensors, suppliers and any third-party information provider to our website from and against all losses, expenses, damages and costs, including attorneys’ fees, resulting from the violation of these terms of use, including negligent or wrongful conduct, by you or your use and access of our website.
Arbitration
Any dispute related in any way to your access or use of our website shall be submitted to binding arbitration under the rules of the American Arbitration Association. Notwithstanding the foregoing and without waiving or limiting the foregoing, in the event ES2, at its sole discretion, determines that emergency relief is necessary, ES2 reserves the right to seek a temporary restraining order, injunction, or any other type of emergency relief in a court of law and/or before an appropriate administrative panel.
Applicable Law/Forum Selection
This website is created and controlled by E & D Company, PLLC d/b/a Engineering System Solutions, a professional limited liability company formed under the laws of the State of Idaho and operated under the laws of the United States of America and the State of Idaho. Therefore, the laws of the United States of America and the State of Idaho will govern these terms of use, without giving effect to any principles of conflicts of law. Except as provided above under “Arbitration,” you hereby irrevocably and unconditionally consent to submit to the exclusive in personam and subject matter jurisdiction of the United States District Court of Idaho, Eastern Division, Pocatello, Idaho; or the Seventh Judicial District Court, Bonneville County, Idaho; for any litigation arising out of or relating to your access and use of this website, and you agree to waive any objection to venue and agree not to claim that the action has been brought in an inconvenient forum. Any arbitration shall also be brought and heard in Idaho Falls, Idaho.
International Use
Given the global nature of the Internet, you agree to comply with the laws of the United States of America and the State of Idaho, including but not limited to laws about the Internet, data, e-mail, privacy, and/or copyright and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or from the country in which you reside.
Severability
In the event one of the above-designated courts shall declare any portion of these terms of use invalid or void, such declaration shall not invalidate the entire terms of use and all other portions of said terms shall remain in full force and effect.
Headings
The headings used herein are included solely for convenience and are not to be used in construction or interpretation of these terms of use.
Other Provisions
The failure by E & D Company, PLLC d/b/a Engineering System Solutions to insist upon or enforce strict performance of any portion of these terms of use shall not be construed as a waiver of any provision or right. Neither course of conduct nor trade practices shall be construed to modify any provision of these terms of use. E & D Company, PLLC d/b/a Engineering System Solutions may assign its rights and duties under these terms of use to any party at any time without notice to you. Any rights not expressly granted herein are reserved.