- 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.
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 website or other networked computer environment is prohibited without prior written permission from Eskridge. To notify Eskridge of a copyright infringement, click here.
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
- 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 website. You may not mirror or frame the home page or any other pages of this Site on any other website 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 WARRANTIESEskridge 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 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
- 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.
No Representation or Warranty
While we have established internal practices designed to maintain the confidentiality of the information we collect, your confidential use of our website cannot be guaranteed by us. We shall not be responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect to your use of this site or of any information you transmitted to this site.
What Information Do We Collect and How Do We Use It?
- Web Site Use Information
In general, you can browse our website without telling us who you are or revealing any personal information about yourself. Similar to other commercial websites, however, our website uses “cookies” (see “What are Cookies?” below) and Web server logs to collect information about how our website is used. Information collected through cookies and Web server logs may include the name of your Internet service provider, the browser you are using and any available plug-ins, the type of computer or electronic device you are using to access our website, the Internet Protocol (IP) address associated with that device, the website that referred you to us, the pages you request, and the date and time of those page requests. We use this information to administer the website, to generate statistics and measure the use of our website, and to improve the content of our website.
- Personal Information You Choose to Provide
During normal website usage, we do not collect or store personal information such as your name, mailing address, email address, phone number or social security number. There are instances, however, when Eskridge, Inc. requests personal information in order to provide a service, such as product registration, or send you information about our company. You may notify us at any time if you do not wish to receive any future correspondence from us by sending an email to info@Eskridgeinc.com. Personal information is collected and stored by us in a manner appropriate to the nature of the data and is also used to fulfill your request. We will not share or sell your personal information to any other company. Notwithstanding the foregoing, we may share user information from time-to-time within the Ramsey Industries, Inc. family of companies in order to provide consistent service, support and marketing to our existing and prospective customers. We also may share information with our distributors. For example, when a user requests a catalog be mailed, we will respond with a letter to the user directing them to the closest distributor. We will also provide a copy of that user’s information to the distributor so that they may follow up. Our distributors are not Ramsey Industries-owned companies.
- Web Site Use Information
What Are Cookies?
Links to Other Web Sites
Special Notification with Respect to Children’s Privacy
The Children’s Online Privacy Protection Act (COPPA) is a federal law that protects the online privacy and personal information of children under 13 years of age. In compliance with COPPA, we do not promote online to children and we do not intentionally collect any personal information from children under 13. Children under the age of 13 must be signed up by their parents and use their parents email address in order to receive email updates.
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
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.
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.