Engineering Services Network, Inc. Web Site User Agreement and Disclaimers
Please read the following terms and conditions carefully before using this Web site or any of our secure Web sites. By accessing or using our sites, you agree to the following terms and conditions. You should review these terms and conditions regularly as they may change at any time at our sole discretion. If you do not agree to any term or condition, you should not access or otherwise use our sites. The following terms and conditions apply to all of our Web sites, including any Web sites owned, operated or sponsored by any of our subsidiaries or affiliates. "Content" refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on our Web sites.
1. We Provide Our Web Site For Your Convenience Only
Our Web site is provided to you without charge as a convenience and for your information only. By merely providing access to our Web site content, we do not warrant or represent that:the content is accurate or complete;the content is up-to-date or current; we have a duty to update any content; the content is free from technical inaccuracies or typographical errors; the content is free from changes caused by third party; and your access to our Web site will be free from interruptions, errors, computer viruses or other harmful components.We do not assume any liability for these matters. In other words, you use our Web site at your own risk. Under no circumstances, including, but not limited to, negligence, shall we be liable for any direct or indirect, special, incidental or consequential damages. This includes loss of data or profit arising out of the use or the inability to use the content of this Web site, even if one of our representatives has been advised of the possibility of your damages. If your use of our Web site results in your need to service, repair or correct equipment or data, you assume the costs to the extent the law allows. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
2. We Provide Our Web Site "As Is" and Disclaim All Warranties
Our Web site content is provided "as is" and without warranties of any kind, either express or implied. We disclaim all warranties, express or implied, including, but not limited to, implied warranties and merchantability and fitness for a particular purpose.
3. We Do Not Have Responsibility for Links to Third Party Content
We may provide hyperlinks or pointers to other Web sites maintained by third parties or may provide third party content on our Web site by framing or other methods. The links to third party Web sites are provided for your convenience and information only. The content in any linked Web sites is not under our control so we are not responsible for the content, including any further links in a third party site. If you decide to access any of the third party sites linked to our Web site, you do this entirely at your own risk. It is up to you to take precautions to ensure that the third party you link to for your use is free of computer viruses, worms, Trojan horses and other items of a destructive nature.
4. If You Transmit or Provide Data to Us, It is Non-Confidential
With the exception of our secure sites, any material, data, information or idea by any means, it will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose. Personal data provided to us will be handled in accordance with our policies regarding privacy. You are not authorized to post on or transmit to or from our Web site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other content that could give rise to any civil or criminal liability under the law.
5. Your Use of Our Web Site is Restricted
Our Web site and its content are owned and operated by us. Our Web site's content is copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our Web site content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. No content from www.esncc.com or any other secure Web site owned, operated, licensed or controlled by us may be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way. You also may not, without our permission, "mirror" any material contained on our Web site on any other server. The sole exceptions to these restrictions are: you obtain written permission from us to waive these restrictions; or you may download one copy of the content on a single computer for informational, non-commercial and personal use only, provided you keep intact all copyright and other proprietary notices and do not modify, and will not copy or post, the content on any network computer or broadcast in any media.Violation of these restrictions will be a violation of one or more laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties. If we grant you permission to waive these restrictions, the permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded materials and printed materials.
6. Your Use of Our secure Web Sites are Restricted
Our secure Web sites and their content are owned and operated by us for customer support. Registration for use is strictly controlled by our customers. Any request for access to these sites will be forwarded by our web master to the appropriate client for consideration. These site's content are also copyrighted and protected by U.S. and worldwide copyright laws and treaty provisions. In addition, our sites content is protected by trademark laws, the laws of privacy and publicity, and communications regulations and statutes. Violation of these restrictions will be a violation of one or more federal laws and is expressly prohibited by law. If you violate these restrictions, you may be subject to civil and criminal penalties.
7. By Providing Content, We Do Not Allow You to Use Our Trademarks
The service marks and logos used and displayed on our Web site are our registered and unregistered trademarks. Nothing on this Web site should be construed as granting any license or right to use any trademark, without our written permission. We aggressively enforce our intellectual property rights. The name of Engineering Services Network, Inc. or our logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Web site, without prior written permission. You are not authorized to use our logo as a hyperlink to our Web site unless you obtain our written permission in advance.
8. You Must Obey Local Laws in Accessing Our Web Site
This site is controlled by us from our offices. We make no representation that content or materials in the site are appropriate or available for use in other jurisdictions. Access to our Web site content or materials from jurisdictions where such access is illegal or prohibited. If you choose to access this site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. We are not responsible for any law violations. You may not use or export the materials in this site in violation of U.S. export laws and regulations. Any claims relating to our Web site and its content and materials shall be governed by the laws of the State of Virginia without giving effect to any principles of conflicts of laws. You agree that any legal action or proceeding between us for any purpose concerning this Agreement or the parties' obligations shall be brought exclusively in a federal or state court in Virginia.
9. You are Bound by Changes in this Agreement's Terms and Conditions
We may at any time revise these terms and conditions by updating this posting. By using our Web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Engineering Services Network, Inc. Web Site User Agreement and Disclaimers to which you are bound. Certain provisions of these terms and conditions may be superseded by other legal notices or terms located on parts of our Web site.
10. You Agree to Indemnify Us for Using Our Web Site
You agree to indemnify, defend and hold harmless Engineering Services Network, Inc., its officers, directors, employees, agents, licensors, suppliers and any third party information providers to us from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
11. How This Agreement May Be Terminated
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use our Web site after you have terminated this Agreement.
Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. We may assign our rights and duties under this Agreement to any party at any time without notice to you.