Acceptance of the Terms of Use
ESS universal (“ESS”) welcomes you to www.heavydutybunkbeds.com (the “Website” or “Site”). WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE (“Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. The following Agreement constitutes a license that covers your use of this site and any transactions that you engage in through this site.
BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THIS AGREEMENT, AND YOU AFFIRM THAT YOU ARE MORE THAN 18 YEARS OF AGE, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY COMPETENT TO ENTER INTO THIS AGREEMENT. If you do not wish to be bound by this Agreement, please do not use this site.
Site Contents and Ownership
The information contained on this site, including all software, text, images, video, audio, designs, photographs, graphs, data, and other materials (collectively, “Contents”) are the property of ESS and are protected by United States and international copyright, trademark, patent, trade secret, or other proprietary rights laws, including European laws.
Permission is granted to display, copy, distribute, download, and print portions of this site solely for the purposes of using this site for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of Contents. You shall comply with all copyright laws worldwide in your use of this website and prevent unauthorized copying of the Contents. Except as provided in this Notice, ESS does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.
Accessing the Website
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. This may include removing out of date content and correcting technical inaccuracies or typographical errors. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or the entire Website.
You are responsible for making all arrangements necessary for you to have access to the Website, and for ensuring that all persons who access the Website through your internet connection are aware of and in compliance with this Agreement.
Use of Site
This website is provided solely for the use of current and future customers of ESS to provide you with information about our company, to permit you to place orders for our products and services, and to enable you to contact us with any questions or comments that you may have. Any other use of this site is prohibited. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the materials on the Website, except as follows:
- a) You may temporarily store copies of such materials in RAM incidental to you accessing
and viewing those materials; b) You may store files that are automatically cached by your web browser for display
enhancement purposes; and c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution. You must not modify copies of materials from the Website. You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website. You must not access or use for any commercial purpose any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you by implication, estoppel, or otherwise. All rights not expressly granted are reserved by ESS. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark and other applicable laws.
You may use the Website only for lawful purposes. It is an express condition of your access and use of the Website that you agree not to use the Website:
- a) In any way that violates any applicable federal, state, local, or international law or
regulation, including European laws; b) To send, knowingly receive, upload, download, use, or re-use any material which does not
comply with the Content Standards set out in this Agreement; c) To engage in any conduct that in any way could disable, overburden, damage, disrupt,
impair, or interfere with proper working of the Website; d) To engage in any conduct that would restrict, inhibit, or impact any other user from using
or enjoying the Website; e) In any way that violates the privacy rights of other users of the website;
User Generated Content
The Website may offer you the opportunity to participate in message boards, reviews, and other interactive features that allow you to post, submit, publish, display, or transmit (“post”) to other users or other persons content or materials (collectively, “User Content”) on or through the Website.
You represent and Warrant that any User Content will comply with the Content Standards set out in this Agreement, below, and with all of the terms of this Agreement. Anything you contribute or post to the Website will be considered non-confidential and non-proprietary. By providing any User Content on the Website, you represent and warrant that you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such content or materials.
You understand and acknowledge that you are responsible for any User Content you post, and you, not ESS, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
It is an express condition of your access and use of the Website that you agree that you should not use any features of this site to post User Content that is in any way in violation of the following Content Standards:
User Content must not:
- a) Contain any material that is defamatory, harmful, threatening, obscene, sexually
explicit, profane, harassing, libelous, abusive, or otherwise unlawful; b) Promote violence or discrimination based on race, gender, religion, nationality,
disability, or age; c) Encourage illegal activity; d) Disclose private, personally identifiable information of others; e) Violate the legal rights, including the rights of publicity, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; f) Infringe any patent, trademark, copyright, trade secret, or other intellectual property rights or protected materials or data, of any other person or entity in the absence of a valid license or other right to do so; or g) Is advertisement, solicitation, spam, chain letter, or other similar type of
information.
ESS has a right to:
- a) Remove or refuse to post any User Content for any or no reason in our sole discretion; b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates this Agreement, including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company; c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; d) Take appropriate legal action, including without limitation, referral to law enforcement, for
any illegal or unauthorized use of the Website; or e) Terminate or suspend your access to all or part of the Website for any violation of this
Agreement
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, and to the extent authorized under applicable law, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
Subject to the foregoing, you must not:
- a) Establish a link from any website that is not owned by you; b) Cause the Website or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking or in-line linking, on any other site; c) Link to any part of the Website other than the homepage; or d) Otherwise take any action with respect to the materials on this Website that is inconsistent
with any other provision of this Agreement.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any links at any time without notice in our discretion.
Links from the Website
As a convenience to you, we may provide on this site links to websites operated by other entities (collectively the “Linked Sites”). This includes links contained in advertisements. If you use any Linked Sites, you will leave this site. If you decide to visit any Linked Site, you do so at your own risk. It is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by ESS.
The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by ESS. ESS does not endorse, make any representations regarding, or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by ESS. Links do not imply that ESS or this Website sponsors, endorses, is affiliated or associated with the Linked Site. Links do not imply that ESS or this Website is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links. Links do not imply that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of ESS or any of its affiliates or subsidiaries.
ESS accepts no responsibility for any Linked Site or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
ESS reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods, and/or services appearing on them.
Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any User Content or other materials accessible on this Website infringe your copyright, you may request their removal (or access to them) by submitting written notification to us at phil@essuniversal.com
Please include the following in your written notice:
- a) Your physical or electronic signature; b) Identification of the copyrighted work you believe to have been infringed or, if the claim
involves multiple works on the Website, a representative list of such works; c) Identification of the material you believe to be infringing in a sufficiently precise manner
to allow us to locate that material; d) Adequate information by which we can contact you (including your name, postal address,
telephone number and, if available, e-mail address);
- e) A statement that you have a good faith belief that use of the copyrighted material is not
authorized by the copyright owner, its agent or the law; f) A statement that the information in the written notice is accurate; and g) A statement, under penalty of perjury, that you are authorized to act on behalf of the
copyright owner.
Disclaimer of Warranty
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSABLE UNDER APPLICABLE LAW, ESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, SECURITY, ACCURACY, RELIABILITY, QUALITY, AVAILABILITY OR OPERATION OF THE WEBSITE OR THE CONTENT OR SERVICES OBTAINED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO REPRESENTATION THAT THE SITE WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE AND OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.
Limitation of Liability
YOU AGREE THAT ESS AND ITS PROVIDERS, TO THE FULLEST EXTENT PERMITTED BY LAW, SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION, USE, OR INABILITY TO USE ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE, ANY SITE LINKED TO IT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR OTHER SUCH WEBSITES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT,
INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL ESS OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE. THIS LIMITATION IS REGARDLESS OF WHETHER ESS OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification
You agree to indemnify, defend, and hold harmless ESS, its affiliates, agents, employees, and licensors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Privacy Policy
Please review ESS’s Privacy Policy governing the use of information that ESS obtains from you through your use of this website.
Limitations on Claim
Any cause of action you may have with respect to your use of this site must be commenced within one year after the claim or cause of action arises.
Term and Termination
Without limiting its other remedies, ESS may immediately discontinue, suspend, terminate, or block your and any user’s access to this site at any time in our sole discretion.
Controlling Law, Jurisdiction, and International Users
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflict-of-law provisions. ESS makes no representation
that the materials are appropriate or available for use outside the United States. If you access this site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Kent County, Michigan for any disputes with ESS arising out of your use of this site.
Waiver and Severability
No waiver by the Company of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
Changes to Agreement
We may revise and update this Agreement at any time and in our sole discretion. Any such modifications will become effective on the date they are first posted to this Site and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of the revised Agreement means that you accept and agree to the changes. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. ESS does not and will not assume any obligation to notify you of changes to this Agreement.
Entire Agreement
This Agreement constitutes the entire agreement between ESS and you with respect to this website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and ESS with respect to this website. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement you transmit through this website, including but not limited to any consent you give to receive communications from ESS solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
