AGREEMENT BETWEEN USER AND ENVIRONMENTAL SOLUTIONS GROUP
This website is owned and operated by Environmental Solutions Group (hereafter “ESG”), and offered to the User conditioned on acceptance by the User without modification of the terms, conditions, and notices contained herein. Use of the content, services, and/or products presented in any and all areas of this site constitutes the User’s agreement to abide by the following terms and conditions and those posted in specific areas of the site.
ACCEPTANCE OF TERMS
INFORMATIONAL USE LIMITATION
Unless otherwise specified, ESG’s website information and images are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from ESG’s website. Use of ESG logos, trademarks, or other “brand” information or images without prior written permission from ESG is expressly forbidden. Unless otherwise specified, ESG’s website information and images are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from ESG’s website. Use of ESG logos, trademarks, or other “brand” information or images without prior written permission from ESG is expressly forbidden.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement disclosures relating to the collection and use of your information.
NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEBSITE
Permission to use Documents (such as product literature, product specification information, news releases, datasheets, and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies, (2) use of such Documents from the Services is for informational use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any failure to enforce ESG’s rights shall not mitigate ESG’s rights of said enforcement or preclude future enforcement action.
Documents specified above do not include the design or layout of the doveresg.com website or any other ESG owned, operated, licensed, or controlled site. Elements of ESG’s websites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound, or image from any ESG website may be copied or retransmitted unless expressly permitted by ESG.
ESG AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ESG AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL ESG AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE ESG WEB SITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE ESG WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ESG AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ESG’S PRODUCT(S) DESCRIBED HEREIN AT ANY TIME.
NOTICES REGARDING INFORMATION, DOCUMENTS, AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL ESG AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE ESG WEBSITE.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If any Services provided via the ESG website require you to open an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You also may be provided a password and/or a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify ESG immediately of any unauthorized use of your account or any other breach of security. ESG will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be held liable for losses incurred by ESG or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the ESG website and its Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ESG server (or contracted server), or the network(s) connected to any ESG server (or contracted server), or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems, or networks connected to any ESG server (or contracted server) or to any of the Services, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
USE OF SERVICES
The Services may contain e-mail services, libraries, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets, and/or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
- Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, obscene, indecent, or unlawful topic, name, material, or information.
- Upload, or otherwise make available, files that contain images, photographs, software, or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download, or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
ESG has no obligation to monitor the Communication Services. However, ESG reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion without notification to the posting entity. ESG reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever in its sole discretion and you agree to promptly and fully comply with ESG’s decision.
ESG reserves the right at all times to disclose any information as ESG deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in ESG’s sole discretion.
Always use caution when giving out any personally identifiable information about yourself in any Communication Services. ESG does not control or endorse the content, messages, or information found in some of the Communication Services and, therefore, ESG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. To the extent they are used for non-ESG controlled Communication Services, managers and hosts are not authorized ESG spokespersons, and their views do not necessarily reflect those of ESG.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO ESG OR POSTED AT ANY ESG WEBSITE
ESG does not claim ownership of the materials you provide to ESG (including feedback and suggestions) or post, upload, input, or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting (“Posting”) your Submission you are granting ESG, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all ESG Services), including, without limitation or incurring any notification obligation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided herein. ESG is under no obligation to post or use any Submission you may provide and ESG may remove any Submission at any time in its sole discretion.
COPYRIGHT AND TRADEMARK NOTICES
All contents of this website are: Copyright © 2010 Environmental Solutions Group, 2030 Hamilton Place Boulevard, Suite 200, Chattanooga, TN 37412, U.S.A. or third-party content providers and are protected by international copyright law. All rights reserved. ESG, and other names of ESG brands, products, and services referenced herein are trademarks or registered trademarks of ESG. Other trademarks/logos are the property of their respective owners.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider’s Designated Agent. Direct all such notifications in writing via Certified Mail to: Environmental Solutions Group, 2030 Hamilton Place Boulevard, Suite 200, Chattanooga, TN 37412, U.S.A, Attention: General Counsel. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL NOT RECEIVE A RESPONSE.
LINKS TO THIRD-PARTY SITES
THE LINKS IN THIS AREA WILL ENABLE YOU TO LEAVE ESG’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF ESG AND ESG IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. ESG IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. ESG IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT OR ANY WARRANTY OF SAFETY BY ESG OF THE SITE.
UNSOLICITED IDEA SUBMISSION POLICY
ESG OR ANY OF ITS EMPLOYEES DO NOT ACCEPT OR CONSIDER UNSOLICITED IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES, DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL MISUNDERSTANDINGS OR DISPUTES WHEN ESG’S PRODUCTS OR MARKETING STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO ESG. SO, PLEASE DO NOT SEND YOUR UNSOLICITED IDEAS TO ESG OR ANYONE AT ESG. IF, DESPITE OUR REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM, PLEASE UNDERSTAND THAT ESG WILL RETURN THEM WITH NO LIABILITY FROM ESG TO THE SUBMITTER AND MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED AS CONFIDENTIAL OR PROPRIETARY.
ESG reserves the right to make any and all changes to this website at its sole discretion without notice to the User. ESG reserves the right to deny access to this website to anyone at any time. ESG’s decisions concerning its reservations shall be at its sole discretion and its decision shall be final and non-appealable.
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement has been made in and shall be construed and enforced in accordance with Tennessee law and Federal law where applicable. Any action to enforce this agreement shall be brought in the Federal or state courts located in the State of Tennessee, Hamilton County. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any rights not expressly granted herein are reserved.
This agreement is effective until terminated by ESG, at any time without notice. In the event of termination, you are no longer authorized to access the Communication Services and the restrictions imposed on you with respect to material downloaded from the Communication Services, the disclaimers, and limitations of liabilities set forth in this agreement, shall survive.