Please read these Terms and Conditions carefully before choosing to accept. These are the Terms and Conditions upon which you will be permitted to receive your report detailing your risk areas for lockout/tagout noncompliance. By clicking on the “Accept” button at the end of this page, you are agreeing to become bound by these Terms and Conditions.

1. Ownership.

The Risk Calculator is wholly owned by ESC Services

2. Copyright.

All materials and content posted on this site are subject to copyrights owned by ESC Services

3. Trademark.

The ESC Services name and logo, and all related product and service names, are ESC’s proprietary trademarks and service marks, and may not be used by any other party without the prior express written permission of ESC Services These names, trademarks, service marks, and logos may not be used in any advertising, publicity, or otherwise to indicate, suggest, or imply ESC sponsorship of or affiliation with any product or services, without ESC’s prior express written permission.

4. Disclaimer of Warranties.

ESC Services, on its own behalf and on behalf of all of its service providers associated with the Risk Calculator, disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in the risk calculator results. ESC Services disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. ESC Services disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the internet through the Risk Calculator.

The Risk Calculator, and all materials, information, products and services included in the Risk Calculator are provided “as is,” with no warranties whatsoever. ESC Services expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. ESC Services disclaims any warranties regarding the security, reliability, timeliness, and performance of the risk calculator. ESC Services disclaims any warranties for any information or advice obtained through the risk calculator.

You understand and agree that you download or otherwise obtain material or data through the use of the Risk Calculator at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from state to state and jurisdiction to jurisdiction.

5. Disclaimer of Liability.

ESC Services is providing information and services on the internet as a benefit and service in furtherance of its mission to increase lockout/tagout compliance. The user assumes all responsibility for, and holds ESC Services harmless from any claims arising out of, its use or misuse of, or inability to use, the Risk Calculator, whether such claim is based on warranty, contract, or tort (including negligence). Under no circumstances, including but not limited to negligence, shall ESC Services or anyone else involved in creating or maintaining the risk calculator be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits that result from the use or misuse of, or inability to use, the Risk Calculator, including, but not limited to, reliance by a user on any information obtained via the Risk Calculator, or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or any failure of performance, communications failure, theft, destruction or unauthorized access with respect to the risk calculator (including such damages incurred by third parties). ESC Services is not responsible for any work performed by a third party based on information obtained via the Risk Calculator, and user agrees to indemnify ESC Services and hold ESC Services harmless from any claims arising out of such decisions.

Without limiting the foregoing, under no circumstances shall ESC Services be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

In states which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.

6. Privacy Policy.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, phone number. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies

Our Site may use “cookies” to enhance User experience. User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we protect your information

We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Changes to this privacy policy

ESC Services has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

7. General.

These Terms and Conditions constitute the entire agreement between the parties with respect to the Risk Calculator and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by ESC Services These Terms and Conditions shall be governed and interpreted in accordance with the laws of the State of Wisconsin, applicable to contracts made and fully performed therein. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. ESC Services may modify these Terms and Conditions without notice.

These Terms & Conditions were last updated on July 28, 2014.