Terms of Use
These Terms of Use govern your use of this website. By using this website, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use this website.
This website uses cookies. By using esrgear.com (“the Website”) and agreeing to these Terms of Use, you consent to the Website’s use of cookies in accordance with the terms of the Website’s Privacy Policy.
License to Use Website
Unless otherwise stated, the Website and/or its licensors own the intellectual property rights of the Website and material on the Website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download (for caching purposes only) and print pages, user manuals, or other product information from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
You must not:
- Republish material from this website (including republication on another website), sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy, or otherwise exploit material on the Website for a commercial purpose;
- Edit or otherwise modify any material on the website;
- Redistribute material from this website except for content specifically and expressly made available for redistribution
Acceptable Use
You must not use the Website in any way that causes or may cause damage to the Website; impairs the availability or accessibility of the Website; in any way which is unlawful, illegal, fraudulent, or harmful; or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including but not limited to scraping, data mining, data extraction, and data harvesting) on or in relation to the Website without the Website’s express written consent.
You must not use the Website to transmit or send unsolicited commercial communications.
You must not use the Website for any purposes related to marketing without the Website’s express written consent.
User Content
In these Terms of Use, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant the Website a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant the Website the right to sub-license these rights, and the right to take action against the infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you, the Website, or a third party (in each case under any applicable law).
You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings, or other similar complaint.
The Website reserves the right to edit or remove any material submitted to this website, or stored on the Website’s servers, or hosted or published on the Website.
Notwithstanding the Website’s rights under these Terms of Use in relation to user content, the Website does not take responsibility for monitoring the submission of such content to or the publication of such content on the Website.
Warranty information
The Website is provided “as is” without any guarantees or warranties, express or implied. The Website makes no guarantees or warranties in relation to the Website or the information and materials provided on the Website.
Without prejudice to the generality of the foregoing paragraph, esrgear.com does not warrant that:
- This website will be constantly available, or available at all;
- The information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
The Website will not be liable to you (whether under contract law, tort law, or otherwise) in relation to the contents of, use of, or otherwise in connection with the Website:
- To the extent that the website is provided free-of-charge, for any direct loss;
- For any indirect, special or consequential loss;
- For any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if esrgear.com has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit esrgear.com’s liability in respect of any:
- Death or personal injury caused by the Website’s negligence;
- Fraud or fraudulent misrepresentation on the part of the Website;
- Matter which it would be illegal or unlawful for esrgear.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using the Website, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, the Website has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Website’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this disclaimer will protect the Website’s officers, employees, agents, subsidiaries, successors, assignees, and sub-contractors as well as the Website.
Unenforceable Provisions
If any provision of this disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this disclaimer.
Indemnity
You hereby indemnify the Website and undertake to keep the Website indemnified against any losses, damages, costs, liabilities, and expenses (including but not limited to legal expenses and any amounts paid by the Website to a third party in settlement of a claim or dispute on the advice of the Website’s legal advisers) incurred or suffered by the Website arising out of any breach by you of any provision of these Terms of Use, or arising out of any claim that you have breached any provision of these Terms of Use.
Breaches
Without prejudice to the Website’s other rights under these Terms of Use, if you breach these Terms of Use in any way, the Website may take such action as the Website deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website, and/or bringing court proceedings against you.
Assignment
The Website may transfer, sub-contract or otherwise deal with the Website’s rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms of Use.
Severability
If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms of Use, together with the Website’s Privacy Policy, constitute the entire agreement between you and the Website in relation to your use of the Website, and supersede all previous agreements in respect to your use of the Website.
Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with US law, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of California.
Changes to Our Terms of Use
If we decide to change our Terms of Use, we will update the Terms of Use modification date below.
