CALL TODAY FOR A CONSULTATION: (385) 313-0373
CALL TODAY FOR A CONSULTATION: (385) 313-0373
1. ACCEPTANCE
Welcome to the ESCATEC Solutions Website, located at www.escatecsolutions.com (hereafter referred together with any materials and services available therein, and successor website(s) thereto, as the “Website”). The Website is operated by ESCATEC Solutions (“ESCATEC” or “we” or “us”). These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Website and constitute a legally binding contract between you and ESCATEC Solutions. These Terms incorporate any additional terms and conditions posted by ESCATEC Solutions through the Website, or otherwise made available to you by ESCATEC Solutions.
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE WEBSITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE WEBSITE.
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.
The “Last Updated” legend above indicates when these Terms were last changed. We may, at any time and without liability, modify or discontinue all or part of the Website (including access to the Website via any third-party links); or offer opportunities to some or all Website users.
2. ELIGIBILITY
By using the Website, the user (“you”) affirm that you are of legal age to enter into these Terms. If you are an individual accessing or using the Website on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the Website and to any such Organization.
The Website is controlled or operated (or both) from the United States and is not intended to subject ESCATEC Solutions to any non-U.S. jurisdiction or law. The Website may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Website is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Website’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
3. LICENSE
Subject to and conditioned on your compliance with these Terms, ESCATEC Solutions grants you and your Organization a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Website, and to download copies of the materials that we make available for download on the Website, in each case solely for your legitimate, non-competitive, and non-commercial use.
The Website, including all content, information, data, and materials incorporated into or made available through the Website, is the exclusive property of ESCATEC Solutions or its suppliers, and is protected by U.S. and international law. You agree not to access or use the Website, or any content, information, or materials incorporated into or made available through the Website, except as expressly permitted under these Terms.
All trademarks, service marks, and logos displayed on the Website (the “Marks”) are the exclusive property of ESCATEC Solutions or their respective third-party owners. Except for your right to view Marks on our Website, you are not granted any rights to the Marks. Nothing in the Website grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Website.
4. USER SUBMITTED MATERIALS
The Website includes functionality for you to submit information and materials in connection with employment- and career-related postings and may also enable you to submit comments and materials through interactive features such as chat bots other messaging functionality. All such information, materials, and comments are “Submitted Materials”.
You retain ownership of your Submitted Materials. You hereby grant ESCATEC Solutions a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Website or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place ESCATEC Solutions under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the Website, are complete and accurate, and are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
ESCATEC Solutions may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Website. We may disclose information regarding your access to and use of the Website, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
For clarity, certain information that you provide to ESCATEC Solutions through the Website may also be governed by ESCATEC Solutions’ Privacy Policy, located at https://www.escatecsolutions.com/privacy-policy (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Website is and will remain accurate and complete, and that you will maintain and update such information as needed.
5. RULES OF CONDUCT
In connection with the Website, you agree NOT to:
Notwithstanding the foregoing, ESCATEC Solutions grants to the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. ESCATEC Solutions reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
6. THIRD PARTY MATERIALS
The Website may make available or provide links to third party websites, content, or information (“Third Party Materials”). ESCATEC Solutions does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the Website does not imply endorsement of, or affiliation with the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
7. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless ESCATEC Solutions, and its affiliates, officers, directors, agents, and employees from any claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to your access to or use of, or activities in connection with, the Website (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.
8. DISCLAIMER
THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND ESCATEC SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity, and security of the Website, we do not guarantee that the Website is or will remain updated, complete, correct or secure, or that access to the Website will be uninterrupted. The Website may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the Website.
Further, without limiting the foregoing, ESCATEC Solutions (a) does not guarantee that you will receive any employment or job offers through the Website; and (b); is neither your employer nor your agent based solely on your usage of the Website.
9. LIMITATION OF LIABILITY
ESCATEC SOLUTIONS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ESCATEC Solutions WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM AGGREGATE LIABILITY OF ESCATEC Solutions FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL BE $100.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
10. NOTICE OF COPYRIGHT INFRINGEMENT
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Website infringe your copyright, you (or your agent) may send to ESCATEC Solutions a written notice by e-mail requesting that ESCATEC Solutions remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to ESCATEC Solutions a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
Copyright Agent: ESCATEC Solutions
Email: jc@escatecsolutions.com
Phone: (385) 313-0373
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
11. GOVERNING LAW & JURISDICTION
These Terms are governed by and will be construed in accordance with the laws of the State of Utah, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the federal and state courts located in Salt Lake County, Utah, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
12. INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the Website, please send an e-mail to jc@escatecsolutions.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
13. GENERAL
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and ESCATEC Solutions. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and ESCATEC Solutions relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and ESCATEC Solutions relating to such subject matter.
Notices to you (including notices of changes to these Terms) may be made via posting to the Website or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. ESCATEC Solutions will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
Copyright © 2022 ESCATEC Solutions. All rights reserved.
For any questions or comments regarding these Terms of Use, please contact ESCATEC Solutions.
Copyright © 2022 ESCATEC Solutions - All Rights Reserved.
Site design: RJ Consulting
We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.