Terms and Conditions of Site Use
Welcome to the EnviroTech Services, Inc. (“ESI”) web site (“Site”). We are striving to make our Site informative and useful, and would appreciate your feedback on how we can make it even better. In return for access to the information we have provided, we require that you abide by the legal terms stated in the following Terms and Conditions of Site Use (“Terms”). Please read these Terms carefully before using envirotechservices.com (“the Site”) operated by ESI. This Agreement sets forth the legally binding terms and conditions for your use of the Site at envirotechservices.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.
Copyright ©1998-2020, EnviroTech Services, Inc. All rights reserved
All of the contents of the ESI Site are protected from copying and simulation under U.S. and international copyright laws and treaties. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of this material is prohibited. You may not use this Site or any social media platform offered by ESI for any purpose or in any manner that infringes the rights of any third party.
All names, logos, trademarks or service marks contained in this Site are registered trademarks owned or licensed by ESI and may not be used without ESI’s prior written approval. The registered trademarks of ESI belong exclusively to ESI and are protected by U.S. and international trademark laws and treaties.
Limited License To Use Material
ESI grants you the limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to display and reproduce material on this Site (“Material”) for your personal use as long as: (a) the Material is used for educational or informational purposes only and is not sold or distributed for commercial gain; (b) you retain all copyright and other proprietary notices contained in the original Material or any copy you make of the Material; (c) you do not use the Material in a manner that suggests an association with ESI; and (d) you make no modifications to the Material. Except as noted above, no right or license is granted under any copyright, patent, or trademark of ESI to any other party.
We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Hyperlinks and Frames
The Site may include hyperlinks to other independent websites. ESI is not responsible for the content posted on these independent websites and does not endorse or approve any products or information offered at these websites. ESI may permit links to its Site, as long as they do not imply endorsement, sponsorship or affiliation. We do require, however, that you get our written consent first before creating any kind of hyperlink to this Site. You may frame this Site only with the prior written consent of ESI.
You grant to ESI the unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license, display, perform, transmit, publish, broadcast, modify, reformat, translate archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium now known or hereafter developed to advertise, market and promote the same. You further agree that ESI is free to use any ideas, concepts, know-how or techniques contained in any User Content you send to the Site or ESI, for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content without remuneration of any kind. You further perpetually and irrevocably grant ESI the unconditional right to use and exploit your name, persona and likeness included in any User Content and in connection with any User Content, without any obligation or remuneration to you. You also grant to ESI the right to sub-license and authorize others to exercise any of the rights granted to ESI under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to ESI under these Terms. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
Of course, you are not to transmit to this Site any material which is unlawful, threatening, violent, abusive, degrading, defamatory, libelous, deceptive, fraudulent, that harasses, or which may give rise to civil or criminal liability, infringe a third party’s intellectual property rights, or otherwise violate any law or regulation. Even though we may monitor and review transmissions, ESI assumes no responsibility or liability which may arise from User Content, including, but not limited to, claims for defamation, libel, slander, infringement of intellectual property, obscenity, pornography, profanity or misrepresentation.
The Site may contain or offer sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor’s requirements of you in connection with the applicable sweepstakes, contests or promotion.
Disclaimer of Warranty
ESI provides the information on this Site free of charge, subject to these Terms. While ESI makes reasonable efforts to ensure the information is accurate and up-to-date, ESI makes no warranties or representations, express or implied, as to the accuracy, completeness, or any other aspect of the information on this Site and assumes no liability in connection with any use of this information. THIS SITE, AND ALL INFORMATION AND MATERIALS CONTAINED HEREIN, ARE PROVIDED TO YOU “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.
Limitation of Liability
NEITHER ESI NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE WILL BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR ACCESS TO AND USE OF THIS SITE, OR YOUR INABILITY TO ACCESS AND USE THIS SITE, OR FROM DOWNLOADING ANY MATERIAL CONTAINED ON THIS SITE. NOR WILL ANY SUCH PARTY BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES OF ANY KIND WHICH MAY ARISE, DIRECTLY, OR INDIRECTLY FROM YOUR USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO, ANYTHING CAUSED BY: A) INCOMPLETE OR INACCURATE INFORMATION; B) VIRUSES; C) BUGS; D) HUMAN ACTION OR INACTION; E) ANY COMPUTER SYSTEM, PHONE LINE, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS; OR F) ANY OTHER ERRORS, FAILURE OR DELAYS IN COMPUTER TRANSMISSION OR NETWORK CONNECTIONS.
You agree to defend, indemnify and hold ESI harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) ESI’s use of your information. You will cooperate as fully
required by ESI in the defense of any claim. ESI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of ESI.
Jurisdiction, Choice of Law and Forum
Unless otherwise specified, the material on this Site is intended to provide information about ESI and its products. ESI controls and operates its Site from the company’s headquarters in Greeley, Colorado, USA. We do not imply that the materials published on the ESI Site are designed or appropriate for use outside of the United States. If you access our Site from outside of the United States, please be aware that you are responsible for compliance with any applicable foreign laws. To the extent any applicable local laws prohibit your viewing and use of this Site, you may not view or use this Site.
These Terms and your use of this Site shall be governed by and construed in accordance with the laws of the State of Colorado, USA, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these terms and conditions or your use of this Site shall be filed only in the state or federal courts located in Denver, Colorado, USA and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
Severability and Integration
These Terms constitute the entire agreement between you and ESI with respect to this Site. If any part of these Terms is held to be invalid or unenforceable, the remaining parts shall remain in full force and effect.
Changes To These Terms
ESI reserves the right, at our sole discretion, to modify or replace these Terms by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms.
Please review these Terms periodically for changes. If you do not agree to any of these Terms or any changes to these Terms, do not use, access or continue to access the Site, or discontinue any use of the Site immediately.
If you have any questions about this Agreement, please contact us.