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.
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 firstname.lastname@example.org.
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
- 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.
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
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.