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neu product & website notices, disclaimers, warranty matters
(warranties, disclaimers of
warranties, and limitations of liability)
NOTICES AND DISCLAIMERS
COPYRIGHT
ESS maintains this Internet
site to assist their customers. This is a service which is continually
under development. While we try to keep the information current and
accurate, we can make no guarantees. Please inform us of any
difficulties you experience with the site. Whenever, possible, we will
correct them. All content available at this site, such as text,
graphics, logos, button icons, images, and/or other content, including
any documents you may download or otherwise access in connection with
this site (collectively “Content”), is the property of ESS and is
protected by U.S. and international copyright laws, including the
compilation (meaning the collection, arrangement, and assembly) of all
such Content. ESS reserves the right to remove all Content, from
whatever source, at any time, for any reason (including, but not limited
to, claims or allegations made by third parties relating to such
Content), or for no reason at all.
The Content may be used only
for non-commercial purposes. Any other use, unless otherwise authorized
in writing by ESS, including the framing, linking to, reproduction,
modification, distribution, transmission, republication, display, or
performance, of the content on this site is strictly prohibited.
COPYRIGHT NOTICE
© ESS, Environmentally
Sensitive Solutions, Inc. 2006 All Rights Reserved.
TRADEMARKS
“ESS”, "neu" "
Environmentally Sensitive Solutions”, and other ESS graphics, logos, and
service names are trademarks or service marks of ESS ESS’ trademarks may
not be used in connection with any product or service that is not ESS’,
in any manner that is likely to cause confusion among customers, or in
any manner that disparages or discredits ESS.
RESERVATION OF RIGHTS
Except as expressly and
unambiguously provided herein, ESS does not grant you any express or
implied rights under any patents, copyrights, trademarks, trade secret,
or other intellectual or industrial property rights.
USE OF SITE
This site or any portion of
this site may not be reproduced, duplicated, copied, sold, resold, or
otherwise exploited for any commercial purpose that is not expressly
permitted in a writing signed by ESS. ESS reserves the right to refuse
service, terminate accounts, and/or cancel orders in its discretion,
including, without limitation, if ESS believes that customer conduct
violates applicable law or is harmful to the interests of.
GENERAL DISCLAIMER
THIS SITE IS PROVIDED BY ESS
ON AN "AS IS" BASIS. ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR DOCUMENTS INCLUDED ON THIS SITE. TO
THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ESS DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. ESS FURTHER DOES NOT WARRANT THE ACCURACY OR
COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS
CONTAINED WITHIN THIS SITE. SOME STATES DO NOT ALLOW LIMITATIONS ON THE
DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
LIMITATION ON LIABILITY
ESS WILL NOT BE LIABLE UNDER
ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR
CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO INJURY, LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA. SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
CHANGES TO THE
SITE/UPDATES/TERMS
ESS may make changes to the
Content, services, or the products provided by ESS at any time without
notice. ESS makes no commitment to update Content, services or products.
ESS reserves the right to make changes to its Web site and these notices
and disclaimers at any time. Your access or use of the website, Content,
or services subsequent to such a change will signify your asset to be
bound by such changes.
APPLICABLE LAW
This site is created and
controlled by ESS in the State of Wisconsin, USA. As such, the laws of
the State of Wisconsin will govern these disclaimers, terms, and
conditions, without giving effect to any principles of conflicts of
laws.
ESS COPYRIGHT DISPUTE POLICY
ESS’ management and personnel
respect the copyright and intellectual property rights of others. Our
users are expected to respect those rights as well. Unauthorized
copying, distribution, modification, public display, or public
performance of copyrighted works is an infringement of the copyright
holders’ rights. As a condition to your use of the ESS site, you agree
that you will not use the site in connection with the infringement of
the intellectual property rights of others in any way. ESS may remove
Content that appears or is alleged to infringe the copyright or other
intellectual property rights of others. In addition, you acknowledge and
agree that ESS may terminate the use of the site by users who appear or
are alleged to infringe the copyright or other intellectual property
rights of others or if ESS believes that user conduct is harmful to the
interests of ESS or other users.
ESS has adopted the following
procedure in accordance with the Digital Millennium Copyright Act or
DMCA (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). If
you believe that material or content accessible on or through the ESS
website infringes a copyright, please send a notice containing the
following information to the designated agent listed below.
1. Identification of
copyrighted works or materials you claim are being infringed;
2. Identification of the
material on our site that you claim is infringing, with enough detail so
that we may locate it on the site;
3. Your address, telephone
number and, if available, e-mail address;
4. A statement by you that
you have a good faith belief that the material is not authorized by the
copyright owner, its agent, or the law;
5. A statement made under
penalty of perjury that the information provided is accurate and you are
the copyright owner or are authorized to make the complaint on the
owner’s behalf; and
6. A physical or electronic
signature of a person authorized to act on behalf of the owner of the
copyright that has been allegedly infringed.
Upon receipt of such notice,
it is ESS’ policy to remove or disable access to the allegedly
infringing material and to notify the user that it has done so. If the
user believes that such material is not infringing or that it has the
right to post and use such material, the user must send a counter-notice
containing the following information to the designated agent listed
below.
1. The user’s physical or
electronic signature;
2. Identification of the
material that has been removed or to which access to has been disabled
and the location at which it previously appeared;
3. A statement that the user
has a good faith belief that the material was removed or disabled as a
result of mistake or a misidentification of the material; and
4. The user’s name, address,
telephone number, and, if available, e-mail address and a statement that
such person or entity consents to the jurisdiction of the Federal Court
for the judicial district in which the user’s address is located, or if
the user’s address is located outside the United States, for any
judicial district in which ESS is located, and that such person or
entity will accept service of process from the person who provided
notification of the alleged infringement.
ESS may send a copy of the
counter-notice to the original complaining party and inform that person
that it may replace the removed material or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a
court order against the user, the removed material may be replaced or
access to it restored in 10 to 14 business days after receipt of the
counter-notice, at ESS’ discretion.
COPYRIGHT NOTICE: Copyright ©
2000-2006 ESS, All Rights Reserved. Use, duplication, or disclosure by
the United States Government is subject to the restrictions set forth in
DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19.
ESS - Environmentally
Sensitive Solutions, Inc.
Email: ess@neutralsolution.com
Phone: (262) 238-5576.
© Copyright ESS 2006, All
Rights Reserved
Returns Policy & Refunds:
All Environmentally Sensitive
Solutions, Inc. (“ESS”) products are manufactured in the USA at ESS’s
Mequon, Wisconsin-based facility. For more information about ESS, please
visit our industrial product site at: www.neutralsolution.com. ESS
products qualifying for return must be returned to ESS unopened,
unadulterated and unused in the original packaging within thirty days
(30) after the purchase date. All returns require a return authorization
number that can be acquired by email (ess@neutralsolution.com) or by
calling ESS customer service at (262) 238-5576.
Buyer will be responsible for
paying all return shipping costs. Shipping charges on returned
merchandise are NOT refundable. NO COD returns will be accepted. Once a
returned product is inspected and accepted by ESS as being in returnable
condition, ESS will send a refund check to the buyer within thirty (30)
days of receipt of returned the product.
Shipping & Delivery:
The Free Shipping Offer only
applies to ESS products purchased at www.neuhomecare.com that total more
than $35.00 US Dollars (excluding sales tax) per transaction. The Free
Shipping Offer is limited to one Ship To address per transaction. ESS
has the right to modify or discontinue the Free Shipping Offer at any
time. Orders qualifying for the Free Shipping Offer will be shipped
regular ground shipping via UPS, USPS or other package delivery shipper
that ESS may choose from time to time to any of the contiguous 48 United
States only, excluding APO/FPO addresses and post office boxes. Rush
orders do not qualify for the Free Shipping Offer. The Free Shipping
Offer may not apply to backordered merchandise. Upon Check Out, the
ground shipping option will be displayed as free for orders meeting the
above criteria for that transaction for one Ship To address.
Buyer will be responsible for
paying all shipping costs for products not qualifying for the Free
Shipping Offer. ESS offers shipping discounts for multiple Ship To
addresses and large volume orders. Please call ESS customer service at
(262) 238-5576 for more information. All orders are shipped within 5-7
business days after payment is received and processed. All other
shipping related questions should be directed towards ESS customer
service during normal business hours of 8:00 am-5:00 pm CST at (262)
238-5576.
(a) ESS (neu product
manufacture) warrants to the buyer that its products shall be free from
defects in material and workmanship under normal use for a period of
thirty (30) days after the date of delivery. All claims for errors,
defects or damage to products or any part thereof must be made by the
buyer within thirty (30) days after the date of delivery. Failure to
make any such claim within that time shall be deemed to constitute an
irrevocable acceptance of the products as though the products had been
delivered free of any such errors, defects or damage. The obligation of
ESS under the foregoing warranty shall be limited to either (i)
replacing, F.O.B. ESS’s warehouse in Mequon, Wisconsin, USA, or (ii)
allowing a purchase credit, at ESS’s option, for, any products which may
prove to be damaged, defective or unsuitable, provided the buyer (A)
gives ESS prompt notice of the errors, defects or damage and returns the
products to ESS with shipping charges prepaid within the thirty (30) day
warranty period, and (B) an inspection by ESS confirms the alleged
errors, defects or damage to the products.
(b) The foregoing remedy of
replacement or purchase credit, at ESS’s option, is buyer’s sole and
exclusive remedy for any errors, defects or damage to any ESS products.
ESS will not be liable for any special, direct, indirect, incidental or
consequential damages of any kind whatsoever (including, without
limitation, lost profits), whether based upon warranty, contract,
negligence or strict liability arising in connection with the sale or
use of ESS products. ESS’s maximum liability shall not in any case
exceed the price for the products claimed to be damaged, defective or
unsuitable and shall not extend to any products for which buyer has not
fully paid ESS. ESS disclaims any liability against infringement of any
patent or trademark through buyer’s use of any product or process in
combination with other materials or processes.
(c) ESS does not guarantee
end-use results for any of its products. It is the buyer’s ultimate
responsibility to determine the usefulness and applicability of an ESS
product for the buyer’s specific application. EXCEPT FOR THE WARRANTIES
SET FORTH ABOVE, ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE,
CONCERNING ANY PRODUCT. ALL GUARANTEES, WARRANTIES, CONDITIONS AND
REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ARISING OUT OF ANY STATUTE,
LAW, COMMERCIAL USAGE OR OTHERWISE, ARE HEREBY EXCLUDED. WHILE ESS MAY,
FROM TIME TO TIME, OFFER RECOMMENDATIONS AND ADVICE WITH RESPECT TO THE
USE OF ITS PRODUCTS, IT IS UNDERSTOOD AND AGREED BY BUYER THAT ANY SUCH
RECOMMENDATIONS AND ADVICE ARE NOT WARRANTIES BY ESS AND BUYER WILL ACT
UPON ANY SUCH RECOMMENDATIONS AND ADVICE AT BUYER’S SOLE RISK.
(d) Online purchase of ESS
products constitutes buyer’s express acknowledgment of and acceptance of
the foregoing limited warranties, disclaimers of warranties and
limitations of liability.
neu
& ESS commitment to privacy
Your privacy is important to
us. To better protect your privacy we provide this notice explaining our
online information practices and the choices you can make about the way
your information is collected and used. To make this notice easy to
find, we make it available on our homepage and at every point where
personally identifiable information may be requested.
The Information We Collect -
This notice applies to all information collected or submitted on this
website. On some pages, you can order products, make requests, and
register to receive materials. The types of personal information
collected at these pages are: Name, Address, Email address , Phone
number
On some pages, you can submit
information about other people. For example, if you order a gift online
and want it sent directly to the recipient, you will need to submit the
recipient's address. In this circumstance, the types of personal
information collected are: Name, Address, Phone Number
The Way We Use Information -
We use the information you provide about yourself when placing an order
only to complete that order. We do not share this information with
outside parties except to the extent necessary to complete that order.
We use the information you
provide about someone else when placing an order only to ship the
product and to confirm delivery. We do not share this information with
outside parties except to the extent necessary to complete that order.
We offer gift-cards by which
you can personalize a product you order for another person. Information
you provide to us to create a gift-card is only used for that purpose,
and it is only disclosed to the person receiving the gift.
We use return email addresses
to answer the email we receive. Such addresses are not used for any
other purpose and are not shared with outside parties.
You can register with our
website if you would like to receive our catalog as well as updates on
our new products and services. Information you submit on our website
will not be used for this purpose unless you fill out the registration
form.
We use non-identifying and
aggregate information to better design our website.
We do not disclose anything
that could be used to identify individuals. Finally, we never use or
share the personally identifiable information provided to us online in
anyway unrelated to the ones described above without also providing you
an opportunity to opt-out or otherwise prohibit such unrelated uses.
Our Commitment To Data
Security - To prevent unauthorized access, maintain data accuracy, and
ensure the correct use of information, we have put in place appropriate
physical, electronic, and managerial procedures to safeguard and secure
the information we collect online.
Our Commitment To Children's
Privacy - Protecting the privacy of the very young is especially
important. For that reason, we never collect or maintain information at
our website from those we actually know are under 13, and no part of our
website is structured to attract anyone under 13.
How You Can Access Or Correct
Your Information - You can access all your personally identifiable
information that we collect online and maintain by calling us or sending
us an email. We use this procedure to better safeguard your information.
You can correct factual
errors in your personally identifiable information by sending us a
request that credibly shows error.
To protect your privacy and
security, we will also take reasonable steps to verify your identity
before granting access or making corrections.
How To Contact Us - Should
you have other questions or concerns about these privacy policies,
please email us at: ess@neutralsolution.com or call during normal business
hours of 8:00 am-5:00 pm CST at (262) 238-5576.
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