TERMS OF USE
Eskridge Company (“Eskridge”) operates this Web site (the “Site”) to provide
online access to information about Eskridge and its products, services, and opportunities
(the “Service”). Use of this Site signifies your agreement to the following terms and
conditions (“Terms of Use”). Specific areas of this Site may post additional terms and
conditions and those additional terms and conditions, together with these Terms of Use,
govern your use of those areas. The Terms of Use, together with the applicable
additional terms and conditions, are referred to as this “Agreement.”
Eskridge may modify this Agreement at any time. Your use of the Site following any
such modification constitutes your agreement to the modified Agreement. The last date
these Terms of Use were revised is set forth below.
- USE OF SITE
Eskridge grants you a limited, non-transferable license to use the Service, the Site, and
any information, product literature, service manuals, answers to frequently asked
questions (FAQ’s), and other material found on the Site (singly or collectively, the
“Content”) in accordance with this Agreement. You may view and download Content
from this Site but, unless you have the prior written permission of Eskridge, you may not
modify the Content obtained from this Site in any way, reproduce the Content for public
display, transmit or distribute the Content in any way whatsoever, or use the Content for
any commercial purpose. Any Service Manuals or answers to FAQ’s available on this
Site are designed for use by authorized service personnel only or for use under the
recommendation and/or supervision of authorized Technical Sales personnel.
ESKRIDGE DOES NOT REPRESENT OR WARRANT THAT ALL CONTENT IS
APPROPRIATE OR AVAILABLE FOR USE IN ALL USER LOCATIONS. IF YOU
CHOOSE TO ACCESS THIS SITE, YOU DO SO AT YOUR OWN RISK AND ARE
RESPONSIBLE FOR COMPLIANCE WITH ANY AND ALL LOCAL LAWS.
- USER CONDUCT
You agree to use the Site only for lawful purposes. You agree not to take any action that
might compromise the security of the Site, render the Site inaccessible to others or
otherwise cause damage to the Site or the Content. You agree not to add to, subtract
from, or otherwise modify the Content, or to attempt to access any Content that is not
intended for you. You agree not to use the Site in any manner that might interfere with
the rights of third parties.
- COPYRIGHT
This Site and its Content are protected by copyright law. The copyrights in the Content
are owned by Eskridge or other copyright owners who have authorized their use on the
Site. You may download or make one copy of the Content, and other downloadable
items displayed on the Site, for personal non-commercial home use only, provided all
copyright and trademark notices, including any other proprietary notices, contained in the content are left intact. You must not alter, obscure or obliterate any of those notices.
Any modification of the Content, or any portion thereof, or use of the Content for any
other purpose constitutes an infringement of Eskridge’s copyrights and other proprietary
rights. Use of the Content on any other Web site or other networked computer
environment is prohibited without prior written permission from Eskridge. To notify
Eskridge of a copyright infringement, click here.
- TRADEMARKS
You are prohibited from using any of the marks or logos (the “Trademarks”) appearing
on this Site without permission from the trademark owner, except as permitted by
applicable law.
- LINKS TO THIRD PARTY SITES
Links on the Site may contain links to other Web sites. Those links are provided solely
as a convenience to you and not as an endorsement by Eskridge of the third party, the
third-party Web site, or the content provided by the third-party. Eskridge is not
responsible for the content of those other Web sites and makes no representation or
warranty regarding any other Web sites or content on those Web sites. If you decide to
access other Web sites, you do so at your own risk. Once you leave the Site and enter
another Web site, you are subject to the terms of use and privacy policy of that Web site.
- LINKING TO THIS SITE
You may link to this Site but, unless specifically authorized by Eskridge, you may not
create links to this Site that bypass the home page or other parts of the Site in order to
give the appearance that that part of the Site are owned by or affiliated with some other
Web site. You may not mirror or frame the home page or any other pages of this Site on
any other Web site or web page.
- DOWNLOADING FILES
Eskridge cannot and does not guarantee or warrant that files or Content available for
downloading through the Site will be free of infection by software viruses or other
harmful computer code, file or programs.
- DISCLAIMER OF WARRANTIES
Eskridge may make changes to the Content, or to the products, services and prices
described in the Content, at any time without notice. Eskridge, however, makes no
commitment to update the Content. Some or all of the Content may be out of date,
contain technical inaccuracies or typographical errors, or refer to products, programs or
services that are not available in your country or local area. Contact Eskridge directly for
information regarding the products, programs and services that may be available to you.
THE CONTENT PRESENTED ON THIS SITE IS BELIEVED TO BE ACCURATE
BUT SHOULD NOT BE RELIED UPON BY THE USER FOR ANY PURPOSE.
ESKRIDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT, IMPLIED
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WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE,WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND
ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE
SITE. ESKRIDGE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY,
COMPLETENESS AND VALIDITY OF ANY CONTENT ON THE SITE AND DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE
CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED
ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- LIMITATION OF LIABILITY
ESKRIDGE, ITS SUPPLIERS, ITS DISTRIBUTORS OR OTHER THIRD PARTIES
MENTIONED ON THIS SITE SHALL NOT BE LIABLE FOR, ANY DAMAGES TO,
OR VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN
THIS SITE OR DOWNLOADING OF ANY CONTENT FROM THE SITE. IN NO
EVENT SHALL ESKRIDGE, ITS SUPPLIERS, ITS DISTRIBUTORS OR OTHER
THIRD PARTIES MENTIONED ON THIS SITE BE LIABLE FOR ANY INJURY,
LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE,
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS),
WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE,
WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE
OF THIS SITE, SERVICE OR CONTENT OR ANY TRANSACTION CONDUCTED
THROUGH OR FACILITATED BY THE SITE, (II) ANY CLAIM ATTRIBUTABLE
TO ERRORS, OMMISSIONS, OR OTHER INACCURACIES IN THE SITE,
SERVICE, OR CONTENT, OR (III) ANY OTHER MATTER RELATING TO THE
SITE, EVEN IF ESKRIDGE, ITS SUPPLIERS, ITS DISTRIBUTORS OR OTHER
THIRD PARTIES MENTIONED ON THIS SITE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE
SITE, THE SERVICE, THE CONTENT, OR THE USER AGREEMENT, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE.
BECAUSE SOME STATES DO NOT ALLOW LIMITATION OF LIABILITY FOR
CONSEQUENTIAL AND INCIDENTAL DAMAGES, SOME OF THE ABOVE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES,
THE LIABILITY OF ESKRIDGE, ITS SUPPLIERS, ITS DISTRIBUTORS, AND
OTHER THIRD PARTIES MENTIONED ON THIS SITE IS LIMITED AND ITS
WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY
LAW, BUT SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, ONE
HUNDRED DOLLARS ($100).
If your use of the Content from this Site results in the need for servicing, repair or
correction of equipment or data, you assume all costs thereof.
- UNSOLICITED IDEA SUBMISSIONS
Eskridge does not accept unsolicited ideas for its business or marketing strategies,
advertising campaigns, programs, products, technologies, services, processes, and
materials. Any ideas that are submitted shall become, and remain, the property of
Eskridge. Furthermore, Eskridge is not responsible for the confidentiality of any
information communicated to the Site. If, despite our warning, you still send us an
unsolicited idea, then regardless of what your submission may say, (1) your idea will
automatically become the property of Eskridge, without any compensation to you; (2)
Eskridge will have no obligation to return your idea to you or respond to you in any way;
(3) Eskridge will have no obligation to keep your idea confidential; and (4) Eskridge may
use your idea for any purpose whatsoever, including giving your idea to others.
- USER SUPPLIED INFORMATION
Eskridge does welcome feedback regarding many areas of its existing businesses, and
feedback can be provided through the many listed contact areas and forms provided on
the Site. Please review our privacy policy for how this information is used.
- INDEMNIFICATION AND INJUNCTIVE RELIEF
You understand and agree that you are personally responsible for your behavior on the
Site. By using this Site or posting information, statements or materials to the Site, you
agree to indemnify Eskridge, its parent companies, subsidiaries, affiliated companies, joint
venturers, business partners, licensors, employees, agents, and any third-party
information providers to the Service for any and all claims, damages, losses and causes of
action arising out of your breach or alleged breach of this Agreement or your use, misuse,
or inability to use the Site, the Service, or the Content. If Eskridge or its affiliates take
any action to enforce the Agreement, such parties will be entitled to recover from you,
and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of
litigation, in addition to any other relief, at law or in equity, to which such parties may be
entitled.
You acknowledge that a violation or attempted violation of any of this Agreement will
cause such damage to Eskridge as will be irreparable, the exact amount of which would be
difficult to ascertain and for which there will be no adequate remedy at law.
Accordingly, you agree that Eskridge shall be entitled as a matter of right to an injunction
issued by any court of competent jurisdiction, restraining such violation or attempted
violation of this Agreement by you, or your affiliates, partners, or agents, as well as
recover from you any and all costs and expenses sustained or incurred by Eskridge in
obtaining such an injunction, including, without limitation, reasonable attorney’s fees.
You agree that no bond or other security shall be required in connection with such
injunction.
- PRIVACY
Click here to see Eskridge’s Privacy Policy.
- TERMINATION
Eskridge may, in its sole discretion, terminate or suspend your access to all or part of the
Site, for any reason, including breach of this Agreement. In the event this Agreement is
terminated, the restrictions regarding Content appearing on the Site and the
representations and warranties, indemnities, and limitations of liabilities set forth in this
Agreement shall survive any such termination. Such termination shall not affect any
right to relief to which Eskridge, its suppliers, its distributors or third parties mentioned on
this Site may be entitled, at law or in equity. Upon termination of this Agreement and
these terms and conditions, all rights granted to you will terminate and revert to Eskridge,
its suppliers, its distributors or other third parties mentioned on this Site, as applicable.
- GENERAL PROVISIONS
- Severability. If any provision of this Agreement is deemed void, unlawful or
otherwise unenforceable for any reason, that provision shall be severed from this User
Agreement and the remaining provisions of this User Agreement shall remain in force.
- Entire Agreement/No Waiver. This Agreement, together with any Terms of Use and
additional terms and conditions incorporated herein or referred to herein constitute the
entire agreement between you and Eskridge relating to the subject matter hereof, and
supersedes any prior understandings or agreements (whether oral or written). No waiver
by Eskridge of any breach or default of this Agreement shall be deemed to be a waiver of
any preceding or subsequent breach or default.
- Modification. Eskridge may amend or modify this Agreement at any time at its sole
discretion, and will post any modified or amended Agreement on the Site.
- Choice of Law/Choice of Forum. This Agreement shall be governed by and
construed in accordance with the laws of the State of Oklahoma, without regard to its
conflict of laws provisions, as it is applied to agreements entered into and performed
within that State. You consent and submit to the exclusive jurisdiction of the state and
federal courts located in Tulsa County, the State of Oklahoma, United States of America,
in all questions and controversies arising out of your use of this Site, the Service, the
Content and this Agreement. To the extent allowed by applicable law, any claim or cause
of action arising from or relating to your access or use of this Site must be brought within
two (2) years from the date on which such claim or action arose or accrued.
