Conditions of Use
NEU product & website notices, disclaimers, warranty matters
(warranties, disclaimers of warranties, and limitations of liability)
ESS maintains this Internet site to assist their customers. This is a service which is continually under development. While we try to keep the information current and accurate, we can make no guarantees. Please inform us of any difficulties you experience with the site. Whenever, possible, we will correct them. All content available at this site, such as text, graphics, logos, button icons, images, and/or other content, including any documents you may download or otherwise access in connection with this site (collectively “Content”), is the property of ESS and is protected by U.S. and international copyright laws, including the compilation (meaning the collection, arrangement, and assembly) of all such Content. ESS reserves the right to remove all Content, from whatever source, at any time, for any reason (including, but not limited to, claims or allegations made by third parties relating to such Content), or for no reason at all.
The Content may be used only for non-commercial purposes. Any other use, unless otherwise authorized in writing by ESS, including the framing, linking to, reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
© ESS, Environmentally Sensitive Solutions, Inc. 2005 All Rights Reserved.
“ESS”, "NEU" " Environmentally Sensitive Solutions”, and other ESS graphics, logos, and service names are trademarks or service marks of ESS trademarks may not be used in connection with any product or service that is not ESS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ESS.
RESERVATION OF RIGHTS
Except as expressly and unambiguously provided herein, ESS does not grant you any express or implied rights under any patents, copyrights, trademarks, trade secret, or other intellectual or industrial property rights.
USE OF SITE
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted in a writing signed by ESS. ESS reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if ESS believes that customer conduct violates applicable law or is harmful to the interests of.
THIS SITE IS PROVIDED BY ESS ON AN "AS IS" BASIS. ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR DOCUMENTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ESS FURTHER DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION ON LIABILITY
ESS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
CHANGES TO THE SITE/UPDATES/TERMS
ESS may make changes to the Content, services, or the products provided by ESS at any time without notice. ESS makes no commitment to update Content, services or products. ESS reserves the right to make changes to its Web site and these notices and disclaimers at any time. Your access or use of the website, Content, or services subsequent to such a change will signify your asset to be bound by such changes.
This site is created and controlled by ESS in the State of Wisconsin, USA. As such, the laws of the State of Wisconsin will govern these disclaimers, terms, and conditions, without giving effect to any principles of conflicts of laws.
ESS COPYRIGHT DISPUTE POLICY
ESS management and personnel respect the copyright and intellectual property rights of others. Our users are expected to respect those rights as well. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders rights. As a condition to your use of the ESS site, you agree that you will not use the site in connection with the infringement of the intellectual property rights of others in any way. ESS may remove Content that appears or is alleged to infringe the copyright or other intellectual property rights of others. In addition, you acknowledge and agree that ESS may terminate the use of the site by users who appear or are alleged to infringe the copyright or other intellectual property rights of others or if ESS believes that user conduct is harmful to the interests of ESS or other users.
ESS has adopted the following procedure in accordance with the Digital Millennium Copyright Act or DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). If you believe that material or content accessible on or through the ESS website infringes a copyright, please send a notice containing the following information to the designated agent listed below.
1. Identification of copyrighted works or materials you claim are being infringed;
2. Identification of the material on our site that you claim is infringing, with enough detail so that we may locate it on the site;
3. Your address, telephone number and, if available, e-mail address;
4. A statement by you that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
5. A statement made under penalty of perjury that the information provided is accurate and you are the copyright owner or are authorized to make the complaint on the owners behalf; and
6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Upon receipt of such notice, it is ESS policy to remove or disable access to the allegedly infringing material and to notify the user that it has done so. If the user believes that such material is not infringing or that it has the right to post and use such material, the user must send a counter-notice containing the following information to the designated agent listed below.
1. The users physical or electronic signature;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which it previously appeared;
3. A statement that the user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. The users name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the users address is located, or if the users address is located outside the United States, for any judicial district in which ESS is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
ESS may send a copy of the counter-notice to the original complaining party and inform that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice, at ESS discretion.
COPYRIGHT NOTICE: Copyright © 2000-20011 ESS, All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
ESS - Environmentally Sensitive Solutions, Inc.
Toll Free (877)638-8725 / Fax (262)238-5586
© Copyright ESS 2011, All Rights Reserved
(a) ESS (NEU product manufacture) warrants to the buyer that its products shall be free from defects in material and workmanship under normal use for a period of thirty (30) days after the date of delivery. All claims for errors, defects or damage to products or any part thereof must be made by the buyer within thirty (30) days after the date of delivery. Failure to make any such claim within that time shall be deemed to constitute an irrevocable acceptance of the products as though the products had been delivered free of any such errors, defects or damage. The obligation of ESS under the foregoing warranty shall be limited to either (i) replacing, F.O.B. ESSs warehouse in Mequon, Wisconsin, USA, or (ii) allowing a purchase credit, at ESSs option, for, any products which may prove to be damaged, defective or unsuitable, provided the buyer (A) gives ESS prompt notice of the errors, defects or damage and returns the products to ESS with shipping charges prepaid within the thirty (30) day warranty period, and (B) an inspection by ESS confirms the alleged errors, defects or damage to the products.
(b) The foregoing remedy of replacement or purchase credit, at ESSs option, is buyers sole and exclusive remedy for any errors, defects or damage to any ESS products. ESS will not be liable for any special, direct, indirect, incidental or consequential damages of any kind whatsoever (including, without limitation, lost profits), whether based upon warranty, contract, negligence or strict liability arising in connection with the sale or use of ESS products. ESSs maximum liability shall not in any case exceed the price for the products claimed to be damaged, defective or unsuitable and shall not extend to any products for which buyer has not fully paid ESS. ESS disclaims any liability against infringement of any patent or trademark through buyers use of any product or process in combination with other materials or processes.
(c) ESS does not guarantee end-use results for any of its products. It is the buyers ultimate responsibility to determine the usefulness and applicability of an ESS product for the buyers specific application. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING ANY PRODUCT. ALL GUARANTEES, WARRANTIES, CONDITIONS AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ARISING OUT OF ANY STATUTE, LAW, COMMERCIAL USAGE OR OTHERWISE, ARE HEREBY EXCLUDED. WHILE ESS MAY, FROM TIME TO TIME, OFFER RECOMMENDATIONS AND ADVICE WITH RESPECT TO THE USE OF ITS PRODUCTS, IT IS UNDERSTOOD AND AGREED BY BUYER THAT ANY SUCH RECOMMENDATIONS AND ADVICE ARE NOT WARRANTIES BY ESS AND BUYER WILL ACT UPON ANY SUCH RECOMMENDATIONS AND ADVICE AT BUYERS SOLE RISK.
(d) Online purchase of ESS products constitutes buyers express acknowledgment of and acceptance of the foregoing warranties, disclaimers of warranties and limitations of liability.