Terms and Conditions

Extreme Engineering Solutions, Inc. Terms of Use

Welcome to the Extreme Engineering Solutions’ website. Please review the following agreement between us and you, the user of our website. By using our site, you agree to be bound by these Terms of Use. These Terms of Use may be updated from time to time, so please check back frequently. Your continued use of the xes-inc.com website signifies your acceptance of any changed items.

1. OWNERSHIP

The trademarks, logos, and service marks displayed on the xes-inc.com website (collectively, the “Marks”) are proprietary to Extreme Engineering Solutions, Inc. (“X-ES”) and others. X-ES and any other such trademark owners retain all rights in and to the Marks, and nothing in these Terms of Use grants you any right whatsoever to the Marks. You may not use, reproduce, or display any Marks without the owner’s prior written consent.

Unless expressly stated otherwise on the xes-inc.com website, all content, images, and materials appearing on the website (collectively, the “Content”) are the sole property of X-ES and are protected by U.S. and international copyright laws and treaties. You may not use, reproduce, display, or sell any Content without X-ES’s prior written consent.

2. TERMINATION OF SERVICES/WEBSITE

X-ES may modify or discontinue its website or the services provided here at any time, with or without notice to you. X-ES will not be liable to you or any third party as a result of such modification or discontinuation. The provisions of these Terms of Use will survive any termination of this website or any services provided here.

3. DISCLAIMER

Your use of our website is at your own risk. Without limiting any other provision contained in these Terms of Use, everything on the website is provided to you “AS IS” WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND X-ES HEREBY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PUPOSE, NON-INFRINGEMENT, AND QUIET ENJOYMENT. X-ES MAKES NO WARRANTIES THAT THE MATERIAL CONTAINED ON THE XES-INC.COM WEBSITE IS ACCURATE OR COMPLETE, OR THAT THE XES-INC.COM WEBSITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.

4. ADDITIONAL LIMITATIONS.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. X-ES may also make improvements and/or changes in the products and/or the programs described in this website at any time without notice. X-ES assumes no responsibility regarding the accuracy of the information that is provided by X-ES and use of such information is at the recipient’s own risk. X-ES provides no assurances that any reported problems may be resolved with the use of any information that X-ES provides. By furnishing information, X-ES does not grant any licenses to any copyrights, patents or any other intellectual property rights. X-ES does not want to receive confidential or proprietary information from you through our website. Please note that any information or material sent to X-ES will be deemed NOT to be confidential. By sending X-ES any information or material, you grant X-ES an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that X-ES is free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will be published or otherwise used with your name on it; or (c) we are required to do so by law. For more detail on X-ES’s privacy policy, see Extreme Engineering Solutions, Inc. Privacy Policy on this website.

5. GLOBAL AVAILABILITY/CONTRACTS.

Information X-ES publishes on the World Wide Web may contain references or cross references to X-ES products, programs and services that are not announced or available in your country. Such references do not imply that X-ES intends to announce such products, programs or services in your country. Consult your local X-ES business contact for information regarding the products, programs and services which may be available to you.

X-ES’s obligations with respect to its products and services are governed solely by the agreements under which they are provided. If you obtain a product or service from X-ES off this website that is provided without an agreement, that product or service is provided “AS-IS” with no warranties whatsoever, express or implied, and your use of that product or service is at your own risk.

6. LINKS

Our website may contain links to other Internet websites or resources. When you access a non-X-ES website, please understand that it is independent from X-ES, and that X-ES has no control over the content on that website. In addition, a link to a non-X-ES website does not mean that X-ES endorses or accepts any responsibility for the content, or the use, of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. You acknowledge and agree that X-ES is not responsible or liable for (i) the availability or accuracy of such sites or resources, or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on our website does not imply that we endorse the linked site. You use the links at your own risk.

7. LIMITATION OF LIABILITY

If you do not agree with our Terms of Use, or if you are not satisfied with our website or the services provided here, your sole remedy is to discontinue your use of the xes-inc.com website. X-ES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATING TO OR ARISING OUT OF YOUR USE OR INABILITY TO USE THE XES-INC.COM WEBSITE, OR ANY HYPER-LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT X-ES HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGE. THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS WEBSITE.

8. DISCLAIMERS AND LIMITATIONS

SOME JURSIDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

9. INDEMNITY

You agree to defend, indemnify, and hold harmless X-ES, its officers, directors, employees, agents, and affiliates, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the xes-inc.com website, your violation of these Terms of Use, or your violation of any laws, regulations, or third-party rights.

10. GENERAL PROVISIONS

These terms will be governed by and construed in accordance with the laws of the State of Wisconsin, excluding the body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms of Use or your use of xes-inc.com website shall be brought only in a federal or state court in Dane County, Wisconsin, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms of Use is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except for other agreements or terms appearing on the xes-inc.com website, these Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof. In the event of any claim arising under these Terms of Use, the prevailing party shall be entitled to an award of its reasonable attorneys’ fees, court costs, and expert fees.

11. ADDITIONAL INFORMATION

This website is owned and operated by Extreme Engineering Solutions, Inc., Middleton, Wisconsin. Any questions relating to this website or these Terms of Use may be directed to marketing@xes-inc.com. Thank you for your interest in X-ES.

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