Welcome! By using Essentix's Web Services, ("Essentix Web Services") you agree to be bound by the following terms and conditions (the "Terms of Service").This web site is a resource of general information and Internet navigation and is intended, but not promised nor guaranteed to be up-to-date, timely, available, reliable, correct, nor complete. Essentix, Inc. actively encourages all parties to notify it of appropriate corrections to website content. Essentix, Inc. will remove any link from this site as well as upon request from the linked entity.
The sites displayed as search results or linked to by Essentix Search Services are developed by people over whom Essentix exercises no control. The linked sites and search results that appear from Essentix's services are indexed by Essentix's does not fully screen the sites before including them in the indices from which such automated search results are gathered. A site visited using Essentix Web Services may produce search results and links to sites that some people find objectionable, inappropriate, or offensive. We cannot guarantee that a Essentix service will not locate unintended or objectionable content and assume no responsibility for the content of any site included in any search results or otherwise linked to by the EL.com Web Services.
The EL.com Web Services are made available for your personal, non-commercial use only. You may not use the EL.com Web Services to sell a product or service, or to increase traffic to your Web site for commercial reasons, such as advertising sales. You may not take the Web page or results from a Essentix search and reformat and display them, or mirror the Essentix home page or results pages on your Web site, or send automated queries to Essentix's system without express permission from Essentix. If you want to make commercial use of the EL.com Web Services you must enter into an agreement with Essentix to do so. Please contact us for more information.
If you are interested in adding a link to http://www.EL.com/ or any of its other contained Web pages, we encourage you to do so.
We may modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.
Essentix disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the EL.com Web Services web pages and any results displayed to the user. Essentix disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. Essentix disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the EL.com Web Services.
THE EL.com Web Services ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. Essentix EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Essentix DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EL.com Web Services. Essentix DISCLAIMS, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EL.com Web Services. Essentix DISCLAIMS ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EL.com WEB SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EL.com Web Services, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EL.com WEB SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EL.com Web Services AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL Essentix BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE EL.com Web Services. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF Essentix HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EL.com Web Services, FROM INABILITY TO USE THE EL.com Web Services, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE Essentix SEARCH SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EL.com Web Services OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EL.com Web Services, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE EL.com Web Services OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE EL.com Web Services. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EL.com Web Services OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EL.com Web Services. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING AN FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall Essentix be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service and Disclaimer will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service and Disclaimer to be unenforceable, the remainder of the Terms of Service and Disclaimer will continue in full force and effect.
These Terms of Service and Disclaimer constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service and Disclaimer will be effective only if in writing and signed by Essentix.