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Terms Of Use

Terms Of Use

EnviroAqua – Terms of Use

These Terms of Use are applicable to your access to and use of www.enviroaqua.com and all other websites and applications operated by EnviroAqua Consultants, Inc. and/or its affiliates and subsidiaries (“EnviroAqua”, “our”, “us”, or “we”) that link to or incorporate these Terms of Use (collectively, the “Online Services”).

Your access to and use of the Online Services and the information, materials, products, and services available through the Online Services are subject to these Terms of Use, regardless of whether you possess an account through the Online Services linked to your name and/or contact information (“Account”). By accessing or using the Online Services, you acknowledge that you understand and agree to be bound by these Terms of Use. If you do not understand or agree to be bound by these Terms of Use, do not access or use the Online Services.

CHANGES TO THESE TERMS OF USE

We reserve the right to modify these Terms of Use, in whole or in part, in our own discretion at any time. Such modifications shall be effective immediately upon the linking of modified Terms of Use to the Online Services, and if you possess an Account, by communicating the modifications to you either when you access the Online Services or by sending you notice using the contact information that you have provided to us. You agree to comply with, and be bound by, any such modifications either (i) by continuing to use or access the Online Services after modified Terms of Use are posted to the Online Services or (ii) if you possess an Account, by not requesting to terminate your Account within seven (7) days after receiving a notice of the modifications as described above.

PRIVACY POLICY

Our privacy policy (“Privacy Policy”) is a part of these Terms of Use and is incorporated by reference. By accepting these Terms of Use you agree to our collection, use, and disclosure of your information as described in the Privacy Policy.

Click Here [insert link to the privacy policy] to view the Privacy Policy.

INTELLECTUAL PROPERTY

All text, graphics, user interfaces, photographs, trademarks, trade names, servicemarks, logos, sounds, music, artwork, computer code, and other materials contained on the Online Services (collectively, “Content”) is owned, controlled, or licensed by or to EnviroAqua, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property rights and laws. No license to or right in any such Content is granted to or conferred upon you. Except as expressly provided in these Terms of Use, you agree not to use, modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Content or any other part of the Online Services, without EnviroAqua’s express prior written consent.

Notwithstanding the foregoing, you may view, use, download, and print selected portions of the Online Services solely for your own personal, non-commercial, informational use, provided that you do not republish the Content and that you keep intact all copyright, trademarks, trade names, servicemarks, attributions, patent, and other proprietary notices.

PURCHASES

If you wish to purchase any products or services made available through the Online Services, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”). BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying your Personal Financial Information, you authorize the use and disclosure of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of payment processing. You also understand and acknowledge that EnviroAqua uses a third-party payment processor to process credit card payments on our behalf, and when you supply Personal Financial Information in connection with a purchase you agree that EnviroAqua is not responsible for the security of such information when it is in the control of the third-party payment processor.

YOUR PROVISION OF CONTACT AND ACCOUNT INFORMATION TO US

When you provide information about yourself to us, such as when you create an Account, you agree to: (a) provide accurate, current, and complete information about yourself, and not to provide information that attempts to impersonate another person; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any information about yourself that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we retain the right to suspend or terminate any Account you establish, decline to provide you with products or services, and/or to refuse any or all current or future use of the Online Services or any portion thereof.

USER-PROVIDED CONTENT

You understand that all information, data, or other materials that you and other users upload, post, transmit, publish, display, or otherwise make available through the Online Services, including any technical, statistical or other information you enter through reporting tools available in the Online Services ("User-Provided Content"), including, but not limited to, product reviews, are the sole responsibility of you or the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for or related to any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content uploaded, posted, transmitted, published, displayed, or otherwise made available through the Online Services.

By uploading, posting, transmitting, publishing, displaying, or otherwise making available User-Provided Content through the Online Services, you represent and warrant that:

  • you own or control all rights to such User-Provided Content;
  • all "moral rights" that you may have in such User-Provided Content have been voluntarily waived by you;
  • you have the right to grant the licenses granted under these Terms of Use;
  • all User-Provided Content that you post is accurate, does not violate these Terms of Use, will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which you are currently bound or will become bound in the future, does not and will not violate any law, and will not cause injury to any person or entity; and
  • you are at least 18 years old.

YOUR GRANT OF LICENSE TO ENVIROAQUA FOR USER-PROVIDED CONTENT

By uploading, posting, transmitting, publishing, displaying, or otherwise making available any User-Provided Content, you grant us a perpetual, irrevocable, royalty-free, non-exclusive, sub-licensable, and transferable right and license to use, reproduce, display, perform, adapt, modify, delete in its entirety, publish, translate, create derivative works from, or distribute (or have distributed) such User-Provided Content and/or incorporate such User-Provided Content into any form, medium, or technology throughout the world without compensation to you, including but not limited to, in any unaffiliated third party content and in our or their publications, marketing material, and advertisements. We or others may, in our sole discretion, cite to your name or other identifier you provided when posting User-Provided Content. As noted above, you represent and warrant that you own or otherwise control all rights, titles and interests in and to any such User-Provided Content, and that our publication and use of your User-Provided Content will not infringe or violate the rights of any third party.

ENVIROAQUA’S DISCRETION TO USE USER-PROVIDED CONTENT

All User-Provided Content that you upload, post, transmit, publish, display, or otherwise make available through the Online Services may be used at EnviroAqua's sole discretion in accordance with our Privacy Policy. EnviroAqua reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. EnviroAqua does not guarantee that you will have any recourse through EnviroAqua to edit or delete any User-Provided Content you have uploaded, posted, transmitted, published, displayed, or otherwise made available through the Online Services. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of EnviroAqua, its agents, partners, or third-party service providers and their respective directors, officers, and employees.

YOUR CONDUCT

You agree to comply with all laws, rules, and regulations applicable to your access to and use of the Online Services. In addition, you agree not to:

  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that is known by you to be false, inaccurate, or misleading;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted through the Online Services;
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • upload, post, transmit, publish, display, or otherwise make available through the Online Services any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any party;
  • upload, post, transmit, publish, display, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • upload, post, transmit, publish, display, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
  • take any action that interferes with the proper working of the Online Services, compromises the security of the Online Services, or otherwise damages the Online Services or any materials and information available through the Online Services;
  • attempt to gain unauthorized access to any portion or feature of the Online Services, to any other systems or networks connected to the Online Services, to any of our servers, or to any of the services offered on or through the Online Services, including but not limited to by hacking, password “mining”, or any other unauthorized means;
  • probe, scan, or test the vulnerability of the Online Services or any network connected to the Online Services or bypass the authentication measures on the Online Services or any network connected to the Online Services;
  • use any automated means to collect information or content from or otherwise access the Online Services, including, but not limited to, through the use of technical tools known as robots, spiders, or scrapers, without our prior permission;
  • harvest or otherwise collect and store information about other users of the Online Services, including e-mail addresses;
  • install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device; or
  • interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services.

LINKS TO OTHER WEBSITES AND ONLINE SERVICES

For your convenience, the Online Services may contain links to or at times redirect you to other websites and online services owned or controlled by third parties. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us.

These other websites and online services are not under our control, and you acknowledge and agree that we are not responsible or liable for the accuracy; collection, use, or disclosure of information; copyright compliance; legality; decency; or any other aspect of such websites and online services including their operations, or the content displayed on or through them. The inclusion of such a link on the Online Services does not imply our endorsement of any such website or online service, the content displayed on or through it, or any association with its operators, and you agree not to hold us responsible for any harm that may arise based on your access to or use of any linked website or online service.

INFORMATION, NEWS, AND PRESS RELEASES

The Online Services may contain information about EnviroAqua, such as news and press releases. You acknowledge that we have no duty or obligation to maintain the accuracy of, or update any such information, and agree that your reliance on any such information is at your own risk.

REGISTRATION AND PASSWORDS

The Online Services may permit or require you to register or obtain a login ID and password prior to permitting you to access certain portions of the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your login ID and password, and for all uses of your login ID, password, and/or Account, whether authorized by you or not. You agree to notify us immediately of any unauthorized use of your login ID, password, or Account, or any other breach of security involving access to the Online Services through your Account. You acknowledge that you may be held liable for any loss or harm incurred by us or any other person or entity due to someone else using your login ID, password, or Account as a result of your failing to keep your Account information secure and confidential.

OPERATION OF THE ONLINE SERVICES

We reserve the right to do any of the following, at any time, at our sole discretion, with or without notice: (i) modify, suspend, or terminate operation of or your access to the Online Services, or any portion of the Online Services, including but not limited to for your violation of these Terms of Use; (ii) modify or change the Online Services, or any portion of the Online Services; and (iii) interrupt the regular operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, to correct errors, or to make other changes to the Online Services.

DISCLAIMER OF WARRANTIES

THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE ACCURATE, RELIABLE, OR CORRECT WITHOUT DEFECTS OR ERRORS; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to defend, indemnify, and hold us, our joint ventures, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all liabilities, claims, and expenses (including reasonable attorneys' fees) that arise out of or are related to any User-Provided Content you upload, post, transmit, publish, display, or otherwise make available through the Online Services, your violation of these Terms of Use, your use or misuse of the Online Services, or your violation of any third-party rights.

CHOICE OF LAW AND JURISDICTION

You agree that these Terms of Use will be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of laws rules of any jurisdiction, and that any dispute arising out of or relating to these Terms of Use or your access to or use of the Online Services will be subject to the exclusive jurisdiction and venue of the courts located within the State of California. You agree to the personal jurisdiction and venue of these courts. Because some jurisdictions do not permit the choice of law, jurisdiction, or venue, these requirements may not apply to you.

EQUITABLE RELIEF

You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to immediate equitable relief, including injunctive relief, as appropriate, without posting a bond or other security or proving damages. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies.

SEVERABILITY

If any provision of these Terms of Use is held unenforceable or invalid under any applicable law or is so held by an applicable court decision, such unenforceability or invalidity will not render these Terms of Use unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.

WAIVER

Any waiver by us of a breach of any provision of these Terms of Use shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of these Terms of Use. Any such waiver must be in writing. Failure by us to insist upon strict adherence to any term of these Terms of Use on one or more occasions shall not be considered a waiver or deprive us of the right to insist upon strict adherence to that term or any other term of these Terms of Use in the future.

CONTACT US

If you have any questions regarding these Terms of Use, please contact us at:

Telephone
Tel: (818) 890-3200
Toll Free: (800) 853-0311
Fax: (818) 890-8004

Address
7116 Sophia Ave. Van Nuys, CA 91406 USA

Email
service@enviroaqua.com

These Terms of Use were last updated on June 2, 2015.

 

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