Terms & Conditions
Last update, July 2014
Welcome to WWW.ESECARBON.COM (hereinafter, "the Website"), operated by ESE CARBON COMPANY with registered address 9100 S Dadeland Blvd, Suite 1701 Miami, FL 33156 (also referred as "us", "we" or "our").
By visiting the Website and/or purchasing our products, you engage in our services (hereinafter, "the Service") and agree to be bound by these terms and conditions (hereinafter, "Terms and Conditions"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms and Conditions will result in an immediate termination of the Service. We reserve the right to refuse the Service to anyone for any reason at any time.
Onlne Store Terms
By agreeing to these Terms and Conditions, you represent that you are at least the age of majority in your state or province of residence.
You may not use the Service for any illegal or unauthorized purpose nor may you, using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Before engaging in the Service, please review all its transactional aspects, including the Shipping, Cancelation and Returns Policy.
When you engage in the Service and/or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Links To Other Websites
The Website may contain links to third-party websites or services, not owned, affiliated, nor controlled by ESE CARBON COMPANY.
ESE CARBON COMPANY has no control and is not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials, products, services or websites.
ESE CARBON COMPANY is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
We strongly advise you to review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
All content included on the Website, such as, and not limited to photographs, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is property of ESE CARBON COMPANY or its content suppliers, and protected by international copyright laws. The compilation of all content on the Website is the exclusive property of ESE CARBON COMPANY and protected by international copyright laws.
Any ESE CARBON COMPANY trademarks and service marks may not be used in connection with any other product or service, without our prior written consent, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ESE CARBON COMPANY. All other trademarks and service marks that appear on the Website not owned by ESE CARBON COMPANY or its subsidiaries are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ESE CARBON COMPANY or its subsidiaries.
License and Site Access
The Service grants you a limited license to access and make personal use of the Website and never to download (other than page caching), nor modify it, except with the prior written consent of ESE CARBON COMPANY. This license does not include any resale or commercial use of the Website or its contents, any collection and use of any product listings, descriptions, or prices, any derivative use of the Website or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. The Website, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the prior written consent of ESE CARBON COMPANY. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without the prior written consent of ESE CARBON COMPANY. You may not use any meta tags or any other "hidden text" utilizing the Website's name or trademarks without the prior written consent of ESE CARBON COMPANY. Any unauthorized use terminates the permission or license granted by ESE CARBON COMPANY. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any logo or other proprietary graphic or trademark of ESE CARBON COMPANY as part of the link without its prior written permission.
When you create an account in the Website, you must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach on these Terms and Conditions, which may result in termination of your account.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
ESE CARBON COMPANY reserves the right to refuse the Service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
ESE CARBON COMPANY and its associates attempt to be as accurate as possible in the product descriptions, photographs and information. However, ESE CARBON COMPANY does not warrant that said product descriptions or other content of the Website is accurate, complete, reliable, current, or error-free. If a product offered by ESE CARBON COMPANY, as part of the Service, is not as described, your sole remedy is to return it in unused condition.
We do not warrant that the quality of any products purchased or obtained by you, as part of the Service, will meet your expectations, or that any errors on the Service will be corrected.
Prices for our products are subject to change without notice. Also, we reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
We reserve the right, but are not obligated, to limit the Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We also reserve the right to limit the quantities of any products that we offer.
Disclaimer of Warranties and Limitation of Liabilities
The Website is provided by ESE CARBON COMPANY on an "as is" and "as available" basis. ESE CARBON COMPANY makes no representations or warranties of any kind express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk. To the full extent permissible by applicable law, ESE CARBON COMPANY disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. ESE CARBON COMPANY does not warrant that the Website, its servers, or any e-mail sent from ESE CARBON COMPANY are free of viruses or other harmful components. ESE CARBON COMPANY will not be liable for any damages of any kind arising from the use of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
You agree to indemnify, defend and hold harmless ESE CARBON COMPANY and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
By visiting the Website, you agree that the laws of the state of Florida, United States of America, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and ESE CARBON COMPANY.
Site Policies, Modifications, and Severability
Please review our other policies; such as our Shipping, Cancelation and Returns Policy, posted on the Website, these policies also govern your visit to the Website.
We reserve the right to make changes or replace the Website, policies, including these Terms and Conditions at any time. It is your responsibility to check the Website periodically for changes. Your continued use of the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.