Section 1. Use of Material.
EMSCO, Inc. authorizes you to view and download a single copy of the material on this Web Site solely for your personal, noncommercial use. Special rules may apply to the use of certain software and other items provided on the Web Site. Any such special rules are listed as “Legal Notices” on this Web Site and are incorporated into this Agreement by reference.
The contents of this Web Site, such as text, graphics, images and other material (“Material”) are protected by copyright under both United States and the laws of other countries or jurisdictions. Unauthorized use of the Material may violate copyright and other laws. You must retain all copyright and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited.
All designated trademarks are either registered, or in use, in one or more countries, and are the property of their respective owners.
If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.
Section 2. EMSCO, Inc.’s Disclaimers.
The Material may contain inaccuracies or typographical errors. EMSCO, Inc. makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Web Site and the Material. The use the Web Site and the Material is at your own risk. Changes are periodically made to the Web Site and may be made at any time.
EMSCO, INC. ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE WEB SITE OR DOWNLOADING MATERIAL FROM THE WEB SITE.
IF USE OF THE WEB SITE OR THE MATERIAL BY YOU RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, EMSCO, INC. IS NOT RESPONSIBLE FOR THOSE COSTS.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. EMSCO, INC. AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. EMSCO, INC. AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
Section 3. Limitation of Liability.
IN NO EVENT SHALL EMSCO, INC., ITS AFFILIATES, SUBSIDARIES, PARENT COMPANIES, SUPPLIERS, OR ANY THIRD PARTIES MENTIONED AT THIS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EMSCO, INC. IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Section 4. User Submissions.
Generally, any communication which you post to the Web Site is considered to be non-confidential. If particular Web pages permit the submission of communications which will be treated by EMSCO, Inc. as confidential, that fact will be stated in “Legal Notices” on those pages. By posting communications to the Web Site, you automatically grant EMSCO, Inc. a royalty-free, perpetual, irrevocable nonexclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
EMSCO, Inc. does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications posted by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
EMSCO, Inc. does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, EMSCO, Inc. may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. EMSCO, Inc. has no liability or responsibility to Users for performance or nonperformance of such activities. EMSCO, Inc. reserves the right to expel Users and prevent their further access to the Web Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive.
Section 5. Links to Other Sites.
The Web Site contains links to third party Web sites. These links are provided solely as a convenience to you and not as an endorsement by EMSCO, Inc. of the contents on such third-party Web sites. EMSCO, Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web Sites. If you decide to access linked third-party Web sites, you do so at your own risk.
Section 6. Software Licenses.
All software that is made available for downloading from the Web Site (“Software”) is protected by copyright and may be protected by other rights. The use of such software is governed by terms of the software license agreement or designated “Legal Notice” accompanying such software (“License Agreement”). The downloading and use of such software is conditioned on your agreement to be bound by the term of the License Agreement.
Section 7. Indemnity.
You agree to defend, indemnify, and hold harmless EMSCO, Inc., its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fee, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. EMSCO, Inc. shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Section 8. Export Control.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or person prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.
Section 9. General.
This Web Site is based in Massillon, Ohio. EMSCO, Inc. makes no claims the Materials are appropriate or may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of Ohio, one of the states of the United States of America, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular “Legal Notice” or Software License or material on particular Web pages, this Agreement constitutes the entire Agreement between you and EMSCO, Inc. with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of EMSCO, Inc.