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TERMS OF USE

Privacy Policy Terms of Use Copyrights Patents

Terms Of Use
We welcome you to the ESS website and thank you for visiting. We ask that you review the following basic terms that govern the use of the site and the purchasing of products from our site. By using ESS' website you agree to follow and be bound by these terms.

In addition to these Terms of Use, we have established a Privacy Statement to explain how we collect and use information about you.  A copy of this Privacy Statement can be found here and is incorporated by reference into these Terms of Use.

Content
All of the content on ESS' website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned and controlled exclusively by ESS and its affiliates or its licensors, unless also available in the public domain.  Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in the Website.  Any rights not expressly granted in these Terms of Use are expressly reserved.

Access and Use
Access to and use of the Website is provided for informational and personal non-commercial (aside from purchases by you from our site) use by visitors to the site. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law.  You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this site without prior written consent. This includes using ESS trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. ESS retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this site. You should be aware that ESS' tenacious lawyers will aggressively enforce all these intellectual property rights in the content.

Linking
Links may exist on ESS' website to third party web sites. ESS does not control any such third party websites and is not responsible for any damages you may suffer from using such third party sites. Linking to ESS' website is prohibited without ESS' prior written consent.

Revisions
We reserve the right in our sole discretion and at any time and for any reason, to modify or discontinue any aspect or feature of the Website or to modify these Terms of Use.  Modifications to these Terms of Use will be effective immediately upon notice, either by posting on the Website or by notification by email or conventional mail.  It is your responsibility to review the Terms of Use and the Website from time to time for any changes.  Your access and use of any the Website following any modification of these Terms of Use will signify your assent to and acceptance of the same.  If you object to any subsequent revision to the Terms of Use, immediately discontinue use of the Website.

Feedback
Any comments or feedback submitted by users of the website shall be and remain the property of ESS. ESS is under no obligation to pay for or respond to any such comments or feedback provided by users.

Disclaimer
The contents of the ESS website are provided on an as is and as available basis, without any representation or warranty of any kind, either expressed or implied, including without limitation, warranties of merchantability, non-infringement or fitness for a particular purpose. Your use of ESS' site is at your own risk and you assume all responsibility. ESS will not be responsible for any damages you may suffer as a result of your use from this site.

Indemnification
You agree to indemnify and hold harmless ESS and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:  (i) your access to or use of the Website; (ii) any actual or alleged violation or breach by you of these Terms of Use; or (iii) your acts or omissions.  You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.  

Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ESS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, OR THEIR RELATED COMPANIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE WEBSITE OR THESE TERMS OF USE INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES MADE AVAILABLE THROUGH THE WEBSITE.  YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.  

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF ESS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, AND THEIR RELATED COMPANIES EXCEED THE TOTAL PAYMENTS FOR GOODS AND SERVICES RECEIVED FROM YOU BY ESS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE CLAIM.  FURTHERMORE, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH ANY OF THE WEBSITE OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Controlling Law
These terms of use shall be construed in accordance with the laws of the state of California without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of any state or Federal Court located in Orange County, California.

To contact us regarding a legal issue, please email our legal department ess@esseyepro.com.

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