ESSEX INDUSTRIES

Terms and Conditions

WEBSITE PRIVACY POLICY AND TERMS OF USE

Essex Industries, Inc. (“Essex,” “We,” “Us,” and/or “Our”) operates this website (the “Website”) in order to provide you general information about the products and services available from or through Essex and its subsidiaries, as well as to provide other general information that may be of interest to you.  This Website also contains general information about a variety of other topics, that may be of interest to you.  All of the information available on this Website is intended solely for your personal information, education, and entertainment.

PLEASE CAREFULLY READ THIS PRIVACY POLICY AND TERMS OF USE.  Your access to and use of this Website is subject to the terms and conditions of this Website Privacy Policy and Terms of Use (this “Agreement”).

BY ACCESSING THIS WEBSITE, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.  IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT AND DO NOT WISH TO BE BOUND BY THEM, YOU SHOULD IMMEDIATELY LEAVE THIS WEBSITE AND CEASE USING AND ACCESSING THIS WEBSITE.  THIS AGREEMENT GOVERNS A SINGLE INSTANCE OF ACCESS TO THIS WEBSITE.  TO ACCESS THIS WEBSITE AGAIN, YOU MUST AGREE SEPARATELY TO THE THEN-CURRENT TERMS OF USE, WHICH MAY OR MAY NOT MATCH THE TERMS OF THIS AGREEMENT.  YOU ARE HEREBY ON NOTICE THAT THIS AGREEMENT DOES NOT GOVERN FUTURE ACCESS OR USE OF THIS WEBSITE AND THAT YOU MUST REVIEW AND ACCEPT THE THEN-CURRENT TERMS OF USE FOR ANY FUTURE ACCESS OR USE.  

Privacy Policy

Essex’s Commitment.  We respect your privacy and are committed to safeguarding any personally identifiable information that you provide through this Website.  We have established employee privacy policies to protect customer information.  Also, We require Our vendors, partners, and contractors to have documented confidentiality policies.  We are constantly reviewing information security measures and safeguards to insure that We comply with industry standards and protect against unauthorized access to your personally identifiable information.

Purpose.  This privacy policy (the “Privacy Policy”) describes how your personally identifiable information may be collected when you visit Our Website.  It also describes how your personally identifiable information may be used, when it may be disclosed, and the steps We take to prevent its unauthorized use or disclosure.

Consent.  When you provide personally identifiable information to Us, you are consenting to the terms of this Privacy Policy.

Collection of Personally Identifiable Information.  You can browse this Website without telling Us who you are, or by revealing any personally identifiable information such as your name, address, telephone number, or email address.  We will, however, collect such personally identifiable information if you choose to use the Website to do any of the following:  register to receive newsletters or information about Essex or its products or services; submit a request through the Website for more information regarding Essex and/or its products or services; or email, call or otherwise communicate with Us.  If you chose not to provide such information, your participation may be limited.  If, at any time, you would like to cancel your registration, please contact Us through the “Contact Us” page on the Website or by contacting your Essex representative.

Additionally, the Website may also use “cookies” in certain areas to collect information.  A “cookie” is a very small piece of information that tells Us that you have visited the Website previously.  Our Website will send the “cookie” file to your browser.  If your browser is set to accept cookies, the “cookie” will be stored as a file on your computer’s hard drive, taking up less than 200 bytes of disk space.  The “cookie” acts like an identity card each time you visit the Website.  Only the Website can read the “cookie”; We cannot read “cookies” sent by other websites.  We automatically track certain information based upon your behavior on the Website.  This information about your behavior on the Website is used by Us so that We may better serve you and provide the services you wish. 

Use of Personal Information. We may retain your personally identifiable information in Our database in order to help Us serve you better.

•    We may use your personally identifiable information to respond to your inquiries and requests for information from Us and to contact you in response to your request that We do so.

•    We may use information from you and others to perform research and make sure that We provide the products and services that you want.

•    We may use information from you and others to help Us verify your identity.

•    We may release customer information when it is necessary to comply with the law, to enforce Our legal rights, or to protect Us, Our customers, or others.

•    Information about you may be given to third parties in a manner that does not identify you individually; for example, We may disclose to a third party the number of customers who used a specific product or service without giving the names of these customers.

Security.  Access to the personally identifiable information you provide is limited to Essex employees, contractors, and service providers who need it in order to serve Our customers and maintain Our information systems.

Personal Information Related to Children.  This Website is not directed to children under the age of eighteen (18) years.  We do not intend to, or knowingly, collect personal information online from children, and We encourage parents and guardians to monitor children’s on-line activities.  If you believe your child has provided personal information to Us, please contact us immediately at [ info@essexind.com ] so We can delete it.  If you are under the age of eighteen (18) years, do not provide Us with any personal information.

Changes to This Policy.  Essex reserves the right to revise and modify this Privacy Policy from time to time without notice.  We will always post on the bottom of the Privacy Policy the date that it was last modified.

Opt-Out.  You may opt out of receiving printed or electronic materials at any time by contacting Us at the address shown in the “Contact Us” section of Our Website. You may also request that We stop sharing your personally identifiable information with third parties.

Modification Date.  This Privacy Policy was last modified on November 27, 2011.

Terms of Use

Availability of Products and Services.  Essex may make changes to the products, services, and other information shown on this Website at any time and may discontinue the operation, maintenance, or provision of this Website at any time without liability to you or any third party.  Not all of the products or services described on this Website may be available in all geographic areas, and the prices, specifications, and terms of sale for those products and services may vary from area to area and are subject to change without notice.  The products and services described on this Website will be offered for sale only in jurisdictions where it is lawful to do so. 

Other Agreements.  Some of the products and services described on or accessible through this Website may be subject to separate terms and conditions, in addition to the terms of this Agreement.  In the event of a conflict, such separate terms and conditions will govern and control with respect to the corresponding product or service.  Nothing in this Agreement is intended to affect or amend any agreement(s) or contract(s) between you and Essex with regard to the sale of any particular product or provision of any particular service.  Our relationship with you with regard to any such particular product or service shall be governed by the written terms of the agreement or contract contemplating that product or service, including all purchase order terms and conditions.  If you link to or access a separate website or online service maintained by Essex or any of its subsidiaries, you should review any terms of use applicable to that website or online service, which will govern your access to and use of any such website or online service.  

Links to Third-Party Websites. This Website may contain links to websites that are maintained and controlled by third parties and not by Essex.  Anytime We include such a link, We will let you know that by clicking on the link you will be leaving Our Website.  The third parties maintaining and operating such websites are solely responsible for their websites’ content.  We disclaim all liability for any information, materials, products, or services available on or offered through such third-party websites.  We provide links to third-party websites solely as a convenience to you, but We do not endorse or sponsor any third party or their products or services.  Availability of a link to a third-party website from this Website does not create an affiliation or partnership between Essex and any third party.  You should also be aware that third parties have different terms and conditions and privacy policies governing use of their websites and may treat your personal information differently than Essex does.  We remind you to always use good judgment and discretion whenever browsing the Internet, especially when making purchases, obtaining information, or transmitting information.

Privacy.  Please review Essex’s Privacy Policy that describes the types of information We gather when you visit and use the Website.  Please contact us immediately if you have any concerns about the security of your personal information or feel you have been the victim of fraud or identity theft involving any information you may have shared with Us. 

Unauthorized Use.  You agree not to use the Website for any illegal purpose, including, without limitation, transmitting any information that is unlawful, libelous, harassing, abusive, threatening, obscene, or invasive of another’s privacy, or that violates the rights of others.  You also agree only to use this Website for your own personal and internal business purposes and not to make any unauthorized commercial use of this Website or any information contained therein.

Our Intellectual Property.  You acknowledge and agree that Essex, Our licensors, and/or Our service providers own and retain all rights to this Website and its content, including without limitation, all images, text, software, photos, sound recordings, graphics, and videos.  You may access and use the foregoing only for your own internal, informational, noncommercial purposes as expressly permitted under this Agreement.  You may not copy any of the material on this Website, upload, post, publish, transmit, or distribute it in any way, or create other works based on it, without Essex’s prior written consent.  You may, however, make copies incidental to, and in the ordinary course of, your personal or internal business use of this Website, provided you do not remove or alter any copyright, trademark, or other notices or disclaimers.

Links to this Website.  While Essex encourages appropriate links to its Website, you may not link to this Website without prior written permission from Essex.  To obtain permission to link to this Website, contact [ info@essexind.com ].  You may not use any of Essex’s trademarks or logos as, or in conjunction with, a link to this Website or any other website without prior written permission from Essex.

Disclaimer of Warranties.  While Essex tries to ensure that the information on this Website is accurate and up-to-date, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.  THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  ESSEX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

ESSEX MAKES NO WARRANTY OR REPRESENTATION THAT (A) THE WEBSITE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS; (C) THE RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE, TIMELY, COMPLETE, ADEQUATE, OR RELIABLE; (D) THE QUALITY OF ANY INFORMATION, PRODUCTS, SERVICES, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE INFORMATION OR TECHNOLOGY WILL BE CORRECTED.  ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK, AND ESSEX IS NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL, WHETHER DUE TO ANY COMPUTER VIRUS, INCOMPATIBILITY, OR OTHERWISE.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limitation of Liability.  YOU AGREE THAT ESSEX WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY HARMS, INJURIES, OR CLAIMS FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, RESULTING FROM (A) THE USE OF OR INABILITY TO USE THE WEBSITE; (B) THE COST OF OBTAINING SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO, THROUGH, OR FROM THE WEBSITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY PERSON USING OR ACCESSING THE WEBSITE; (E) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; OR (F) ANY OTHER MATTER RELATING TO THE WEBSITE OR YOUR USE OF OR ACCESS TO THE WEBSITE.

Indemnification.  EXCEPT WHEN CAUSED BY OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, YOU AGREE TO INDEMNIFY, PROTECT, AND FULLY COMPENSATE ESSEX AND OUR SERVICE PROVIDERS AND LICENSORS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES, EXPENSES, AND COSTS (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEYS FEES) CAUSED BY OR ARISING FROM YOUR USE OF OR ACCESS TO THIS WEBSITE, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY.

Entire Agreement. This Agreement sets forth the entire agreement between you and Essex regarding your access to and use of the Website and supersedes all prior agreements regarding your use of and access to the Website.  You acknowledge and agree that no practice or course of dealings between you and Essex, nor any oral representations by any of Our representatives, which are different than the terms of this Agreement shall constitute a modification or amendment of this Agreement.  In the event that any provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be reformed and interpreted so as to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect.

Choice of Law and Venue.  This Agreement will be governed by the laws of the State of Missouri and applicable federal law, without reference to the conflicts of law principles of the State of Missouri.  For purposes of any action or proceeding arising out of this Agreement, you hereby consent and submit to the personal jurisdiction of all federal and state courts serving St. Louis County, Missouri, and agree not to raise any objections based on lack of personal jurisdiction of such courts, improper venue in such courts, or inconvenience of the forum.