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Terms of Use

Acceptance of Terms through Use

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use this site. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes in the Terms of Use constitutes acceptance of those changes.

Third Party Sites

This site may in some way link to other sites for user convenience. These sites are not under the control of ESS Automation, and you acknowledge that ESS Automation is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of these sites. The inclusion of such a link does not necessarily imply endorsement of the site by ESS Automation or any association with its operators unless explicitly stated in the ESS Automation site.

Proprietary Rights

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by ESS Automation, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ESS Automation is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Disclaimer of Warranties

All materials, information, software, products, and services included in or available through this site (The "Content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or noninfringement. ESS Automation and its licensors do not warrant that all information is accurate, reliable or correct; that this site will be available at any particular time or location; or that the content is free of viruses or other harmful components. Your use of this site is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Indemnification

Upon a request by ESS Automation, you agree to defend, indemnify, and hold harmless ESS Automation or other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site. ESS Automation reserves the right, at it's own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ESS Automation in asserting any available defenses.

Location of Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina (without regard to conflict of law principles). You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the State of North Carolina, and you further expressly agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Remedies

ESS Automation and its affiliates, licensors, distributors or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise even if advised of the possibility of such damages,arity of such damages,arising out of or relating to use of this site. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ESS Automation and the customer. The goods and services provided from this site would not be provided without such limitations. Some state statutes may apply regarding limitations of liability.

Limitation of Liability

The sole and entire maximum liability of ESS Automation and any of the providers of products or services, for any reason, and the customer's sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the customer for the product or service purchased.

Payment for Goods and Payment of Applicable Taxes

For online internet transactions the customer represents and warrants that:

the credit card information supplied is true, correct and complete
charges incurred by the customer will be honored by the customer's credit card company, and
the user shall pay charges incurred by the customer at the rates in effect at the time incurred, including all applicable taxes.

Severability and Integration

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and ESS Automation with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and ESS Automation with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

ESS Automation reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.