Legal Disclosures

Last Updated: July 1, 2020

1301 Arrow Point Dr., Cedar Park, TX 78613

webmaster@ets-lindgren.com

512-531-6400

The mining and trading of “conflict minerals” and their derivatives – cassiterite (tin), wolframite (tungsten), coltan (tantalum) and gold (collectively “3TG”) – in the Democratic Republic of the Congo is helping to finance armed groups which promote widespread violence, human rights violations and environmental degradation in the DRC and adjoining “Covered Countries” as identified by the SEC.

Section 1502 of the Dodd-Frank Act and related SEC regulations endeavor to reduce these actions by motivating businesses to obtain their conflict minerals from sources which do not support armed groups in the DRC Region. Accordingly, the Company has implemented due diligence measures for tracing and sourcing 3TG in its products designed in conformance with The Organisation for Economic Co-operation and Development (“OECD”) Due Diligence Guidance for Responsible Supply Chains of Minerals from Conflict-Affected and High-Risk Areas. The Company also relies on information from the Responsible Minerals Assurance Process (“RMAP”), an initiative managed by the Responsible Minerals Initiative (“RMI”) in which an independent third party audits the procurement activities of a smelter or refiner to determine, with reasonable confidence, that the minerals it processes originated from conflict-free sources.

As an SEC reporting company, ESCO is subject to the conflict minerals provisions of the Act and SEC regulations, and we fully support their objectives of responsible sourcing. However, since ESCO is typically several tiers removed from the smelter or refiner and mineral origin of products in its supply chain, the Company relies primarily on its direct suppliers to provide it with sourcing information. To facilitate the collection of complete, accurate, standardized and verifiable information, the Company relies primarily on the Conflict Minerals Reporting Template (“CMRT”) made available by the RMI.

Accordingly, it is ESCO's policy that:

  • We expect our suppliers to cooperate with us in the conflict minerals compliance process, to assist us in identifying the sources of the conflict minerals in the products and components they supply to us, and we request that they commit to responsible sourcing of 3TG used in the production of components supplied to us;
  • Our eventual goal is to procure products and components containing conflict minerals exclusively from sources which are “conformant/conflict free”; and
  • In making procurement decisions we will evaluate our suppliers on the extent to which they meet these expectations and share this goal.

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Legal Disclosures

Please read all of these terms of use ("Terms") carefully before using this website because it affects your legal rights and obligations.

THIS AGREEMENT

This website, www.ets-lindgren.com, is owned, operated and provided by ETS-Lindgren Inc. ("ETS-Lindgren," "we" or "us"), a wholly-owned subsidiary of ESCO Technologies Inc., from our office in Cedar Park, Texas, U.S.A. Our Privacy Policy is set forth elsewhere on this Site and is incorporated into these Terms by reference. These Terms constitute the entire agreement between ETS-Lindgren and you with respect to your use of any content, information, tools, products or services, websites, mobile or other applications provided by or available through this website, our mobile applications (collectively, "Services"). If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

YOUR ACCEPTANCE

You agree to these Terms by accessing or using any of the Services. By using the Services, you also agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of our Services, including, but not limited to, copyright laws and export laws. If you do not agree to be bound by all of these Terms, do not access or use the Services.

COPYRIGHT NOTICE

© Copyright 2022 ETS-Lindgren Inc. All rights reserved.

PERMITTED USES OF THE SERVICES AND MATERIALS

Our Services are provided for your personal information and non-commercial use. There will be occasions our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences. The Services contain text, images, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications ("Materials") which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by copyright, trademark, patent, and other applicable laws. All original content on this Site is copyrighted as a collective work under the United States Copyright Laws. Trademarks, logos, and service marks displayed on the Site are registered and unregistered trademarks of ETS-Lindgren, its licensors or content providers, or other third parties, and are the property of their respective owners. Nothing on this Site shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed on the Site without the owner’s prior written permission. The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any license, ownership or other rights to the Materials. You may not:

  • Circumvent, disable or otherwise interfere with any security related features of the Services or features that prevent or restrict use or copying of any Materials or that enforce limitations on use of the Services or the Materials
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  • Change, alter or modify any part of the Services for any reason
  • Use or launch any type of automated system, including but not limited to, "robots," "spiders," or "offline readers," etc., that accesses the Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
  • Access (or attempt to access) any of the Services, including Materials, by any means other than through the interfaces that are provided by us
  • Use the Services for any illegal or unauthorized purpose.

We may provide links to independent third party websites ("Linked Sites") as a convenience to you. If you use these links, you do so at your own risk. We have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of the same (including the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright of ETS-Lindgren. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.

DISCLAIMERS

This Site and the Services, Materials, information, software, facilities, services, related communications, and other content herein are provided on an "as is," "as available," and "with all faults" basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability, non-infringement or fitness for a particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in the Services; that access to the Services will be uninterrupted or error-free; and that the Site or the Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of the Site or our Services, including damages caused by viruses, worms, trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of the Site or any Services. We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising. Our obligations and responsibilities regarding the products and services which we sell or license to our customers are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.

LIMITATION OF LIABILITY - INDEMNITY

You agree that you assume full responsibility for your use of the Site and the Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering the Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of the Site or any Services or Materials (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including Linked Sites. If you are dissatisfied with any of the Materials contained in the Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using the Site and Services. You agree to indemnify, defend and hold ETS-Lindgren, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including reasonable attorneys’ fees) made against ETS-Lindgren by any third party due to arising out of or in connection with: (i) your use of the Site and access to the Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; or (v) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You agree to cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of the Services.

CHANGES IN TERMS

We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of the Services and Materials, and will post updates on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in the Services at any time without notice. Your continued use of the Services after any change we make to the Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you. These Terms will remain in full force and effect so long as you continue to access or use the Services, or until terminated in accordance with the provisions of these Terms. At any time, we may (i) suspend or terminate your rights to access or use our Services, or (ii) terminate these Terms with respect to you if we believe that you have restricted or inhibited any other user from using or enjoying the Services or in any other way have used the Services in violation of these Terms. Upon termination of these Terms, your authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed Materials.

TRANSPARENCY IN SUPPLY CHAINS DISCLOSURE

As an original equipment manufacturer, ETS-Lindgren is sensitive to the human injustices suffered by laborers in the world and, as such, will not do business with any vendor or other business partner that it knows to be involved in human trafficking or slavery.

JURISDICTIONAL AND EXPORT ISSUES

Unless otherwise specified, the materials in the Site are presented solely for the purpose of promoting the products of ETS-Lindgren in the United States, its territories, possessions, and protectorates. This Site is controlled and operated by ETS-Lindgren from its offices within the state of Texas, United States of America, and these Terms shall be governed by the laws of the State of Texas, U.S.A., without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on contracts for the international sale of goods. We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. If you access our Services from a location outside of the State of Missouri, you are responsible for compliance with all applicable local laws. Material from this Site may be subject to United States export controls. No material from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department Table of Deny Orders. By downloading or using the material contained in this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.