TERMS OF USE
Legal Notice
Control ESI, Inc. (dba Supply and Service) hereby grants you permission
to view, print, copy, and distribute information made available by Control Control ESI
on this Web site or on any publicly-accessible site maintained by Control Control ESI
and linked to this Legal Notice (collectively, the "Sites"),
subject to the following Terms of Use. In addition, when using specific
Control Control ESI products or services, such use will be subject to any guidelines,
policies, rules, or additional terms applicable to the products and
services, which Control ESI may communicate to users or post from time to time.
Such guidelines, policies, rules or additional terms shall be considered
included in these Terms of Use.
Unless otherwise agreed by Control ESI in writing, the Sites and all information
found at the Sites may only be used internally by viewers for their
own purposes and not distributed to any third party. Any and all copyright
or other proprietary notices that appear herein, together with these
Terms of Use must appear on all copies that viewers make or distribute
for internal use.
Proprietary Rights
Any product, process, technology, other information (collectively, "Information")
published on the Sites may be the subject of intellectual property rights
reserved by Control ESI, its subsidiaries, affiliates, or licensors and no rights
thereto are licensed hereunder. Any software program ("Software")
made available for download from this Site is the copyrighted work of
Control ESI or its suppliers. Use of the Software is governed by the terms and
conditions of an applicable end-user license agreement ("License
Agreement"), which accompanies or is included with the Software.
An end-user will be unable to install any Software that is accompanied
by a License Agreement without first agreeing to the License Agreement
terms and conditions. If Control ESI makes its Software downloadable, it does
so solely for use by end users according to the applicable License Agreement.
Any copying, reproduction by any means, or redistribution of the Software
that is not in accordance with the terms and conditions of the License
Agreement is expressly prohibited by law, and may result in severe civil
and criminal penalties. Violators will be prosecuted to the maximum
extent possible.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE
TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION
IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE
OR BY OTHER WRITTEN AGREEMENT BETWEEN Control ESI AND THE PERSON(S) UNDERTAKING
SUCH REPRODUCTION OR REDISTRIBUTION.
Disclaimers
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES IS AT YOUR SOLE
RISK. THE SITES AND ALL Control ESI SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. IN ADDITION, ALL SOFTWARE AND OTHER
INFORMATION OF ANY NATURE IS PROVIDED WITHOUT WARRANTY OF ANY KIND,
INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY,
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Control ESI FURTHER
DISCLAIMS ANY LIABILITY IN CONNECTION WITH THE SITES, OR THE INFORMATION
OR SOFTWARE PROVIDED HEREIN. IN NO EVENT WILL Control ESI BE LIABLE TO ANY PARTY
FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR
ANY USE OF THE SITES, THE SOFTWARE, OTHER INFORMATION, OR, BY REASON
OF USE OF ANY OTHER HYPERLINKED WEBSITE, INCLUDING WITHOUT LIMITATION,
ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA
ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF Control ESI IS EXPRESSLY
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Control ESI shall not be liable for any loss resulting from a cause over which
it does not have any direct control, including but not limited to: failure
of electronic or mechanical equipment or communication lines; telephone
or other interconnect problems; bugs, errors, configuration problems
or incompatibility of computer hardware or software; failure or unavailability
of Internet access; problems with Internet service providers or other
equipment or services relating to your computer; problems with intermediate
computer or communications networks or facilities; problems with data
transmission facilities or your telephone or telephone service; or unauthorized
access, theft, operator errors, severe weather, earthquakes or labor
disputes. Control ESI is not responsible for any damage to your computer, software,
modem, telephone, or other property resulting from your use of the Sites
or the Software. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL
OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
Other Restrictions
All information provided by Control ESI or otherwise located on the Sites, including
product information, service plans, software programs, software code,
statements of future directions, "white papers" or other technical
information, pricing, or market information is provided with RESTRICTED
RIGHTS. Use, duplication or disclosure by the government is subject
to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013
and subparagraphs (a) through (d) of the Commercial Computer Software-Restricted
Rights clause at FAR 52.227-19, or its successor provision(s), as applicable.
Contractor/Manufacturer is Control ESI U.S.A.
Trademarks
The Supply and Service logo and the Supply and Service brand and product
names referenced herein are trademarks of Control ESI. All other brand and product
names mentioned herein are trademarks of their respective owners. The
following lists U.S. trademarks owned by Control ESI. This list is provided
for information purposes only and may not contain all Control ESI trademarks.
Control ESI trademarks may be added at any time without notice to anyone. Any
questions concerning this list, the use of these trademarks, or whether
a name that does not appear on this list is in fact a trademark of Control ESI
should be referred to Control ESI.
Supply and Service ™ softWrench™ Evolved Systems Inc.™
Control ESI may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because Control ESI has no control over such sites
and resources, Control ESI is not responsible for the availability of such external
sites or resources and does not endorse and is not responsible or liable
for any content, advertising, products, or other materials on or available
from such sites or resources. Control ESI shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to
be caused by or in connection with use of or reliance on any such content,
goods or services available on or through any such site or resource.
Modifications
These Terms of Use may be modified by Control ESI at any time by notice given
to the user or by posting on any of the Sites. Other Provisions
These Terms of Use shall be governed by the laws of the State of Arizona
without regard to its conflict of law provisions. User agrees to submit
to the personal and exclusive jurisdiction of the courts located within
Maricopa County, Arizona. The failure of Control ESI to exercise or enforce
any right or provision of these Terms of Use shall not constitute a
waiver of such right or provision. Regardless of any statute or law
to the contrary, any claim or cause of action arising out of the Terms
of Use or related to use of the Sites must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
Comments, Suggestions & Other Feedback
Unless expressly provided otherwise by Control ESI, all comments, suggestions,
feedback, information or materials submitted to Control ESI through or in association
with the Sites shall be considered non-confidential and the property
of Control ESI. As such, Control ESI is free to use such information on an unrestricted
basis.
Copyright Notice
Copyright © 2004 Control ESI, All rights reserved
PRIVACY POLICY
Control ESI, Inc. (dba Supply and Service), has created this privacy
statement in order to demonstrate its firm commitment to privacy. The
following discloses the Company's information gathering and dissemination
practices for this Web site:
1. General Statement of Principles
As described in detail below, any information we gathered at this web
site is strictly for use by the Company and is not intended to be shared
with any other entity, public or private, for any reason. Supply and
Service will not sell or give away any lists or other data that it may
retain and does not purchase such information from other sources.
2. Use of Cookies
Supply and Service's message board system relies on "perishable"
cookies to help users see what threads have new posts since the time
of their last visit to the Cafe Forums. These cookies are not permanent
and are Control ESI, Inc. to expire after one year. Although they are not permanent,
your browser's security settings must be set to allow cookies in order
for you to place orders at this site and otherwise use it to its full
potential.
3. Statistical Data
Like many others, Supply and service's servers track IP addresses and
referring pages to help with site maintenance and improvements. This
data is viewed only as anonymous statistics to show daily and weekly
peak access times, pages with errors, and advertising effectiveness.
This information is not used for any other purpose.
4. Personal Information collected - Mailing List
You have two opportunities to be included on the free Supply and Service
mailing list. This list is used to notify you of product updates, Web
site changes, and news of interest to FrontPage webmasters. As with
all information collected at Supply and Service, it is for internal
use only. To be included on this list you may sign up directly on the
home page, or by sending an email to join-newsletter@supplyandservice.com/.
You may unsubscribe from this list by sending an email to unsubscribe@supplyandservice.com/
The only information requested for subscription purposes is your name
and e-mail address.
5. Outside Links
This site may, on occasion, provide links to other sites for your convenience
or additional information. SupplyandService.com is not responsible for
any content or practices of these sites.
6. Information Correction or Removal
If you wish to correct, update, or remove any information about you
or your organization that may be in Supply and Service's records, please
send an e-mail with the details of your request to privacy@supplyandservice.com/.
If you wish to enquire about anything else, you can find complete contact
information on the contact page.
7. Consent
By using this site, you signify your agreement with this Privacy Policy.
If you do not agree with this policy, please do not use this site. Supply
and Service reserves the right to make changes in this policy. Please
check back from time to time to ensure that you are aware of any changes
in these privacy policies. Your continued use of this site signifies
your acceptance of any such changes.