Terms of Use - DW Environmental Systems, Inc.

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Terms of Use
Except as otherwise expressly provided, all materials on this site Copyright © 2011 D W
Environmental Systems, Inc. All rights reserved.
This website (this “Website”) is provided by D W Environmental Systems, Inc., located at 1203
Clark Street, White Oak, PA 15131 ("D W Environmental Systems"). This document is a
binding agreement between you and D W Environmental Systems and is referred to as this
“Agreement.” Your use of this Website confirms that you understand these terms and
conditions, and it signifies that you agree with all terms and conditions contained in this
Agreement.
• Do not use this Website unless you agree to all terms and conditions of this Agreement.
This Agreement may not be modified by any D W Environmental Systems representatives,
unless in writing and physically (and not electronically) signed. The term “you” (including such
formatives as “your”, and “yours”) means you, the person accepting this Agreement, as well as
any persons using this Website under your control, supervision, equipment, facilities, connection
and/or authority. The term “Website” includes all aspects, functions and services arising from or
related to this Website, such as any electronic communication or research facility, storage and/or
any Website Services (defined below). Certain website aspects, functions and/or services may be
identified in this Agreement that is not yet provided by D W Environmental Systems, but shall
be applicable if and to any extent provided in the future.
Entire Agreement.
This Agreement is the final, complete and exclusive statement of the entire agreement between D
W Environmental Systems and you, with the exception only for other written agreements that
you may have entered into with D W Environmental Systems for specific additional services.
Subject to the foregoing sentence, this Agreement supersedes any prior and contemporaneous:
proposals, purchase orders, advertisements, representations, and all other communications
regarding the subject matter of this Agreement, whether oral or written. No terms or conditions,
other than those contained in this Agreement, and no other agreement or understanding which in
any way modifies or changes the terms and conditions hereof, shall be binding unless executed
for such purpose in a physical writing. Notwithstanding the foregoing, you agree that this
Agreement is subject to change from time-to-time at the discretion of D W Environmental
Systems without advance notice. Each time you enter this Website, you agree to be bound
by the then current Agreement at such time of entry.
Website and Member Services.
D W Environmental Systems may host certain computer software applications or otherwise
provide specific services and benefits (the "Website Services") that may be accessed from or on
this Website
Use.
You agree, represent and warrant that:
• You are at least eighteen (18) years of age.
• Any available disk space provided by D W Environmental Systems (“Disk Space”), whether
for storage of electronic mail, data, computer software, other executable related or data files, or
otherwise, is for convenience only and shall not be used to store valuable, confidential or
otherwise important information. You agree to keep backup copies of any information stored
in or on the Disk Space. D W Environmental Systems does not provide recovery services.
• Any and all usage, tools and information on or of the Website is for entertainment purposes
only and is not reviewed or guaranteed for accuracy.
• You guarantee the usage arising from, related to or through this Website, including, but not
limited to, any usage by your staff, associates, family or others to the same extent as if you
performed the actions performed by any of the foregoing, if pursuant to your Website Password
Access Information or your equipment or authorization;
• This Website shall be used only for lawful purposes, and it shall not be used as a means to
commit or attempt to commit a crime, tort, invasion of privacy, harassment, breach of contract,
obligation or duty or to conduct unlawful activity; you will not by-pass or otherwise attempt to
bypass any restrictions or passwords associated with this Website or content accessed or used by
or through this Website.
• Without limiting the generality of the foregoing, you agree that you will not:
a) transmit any message, information, data, text, software or images, or other content
(“Material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or otherwise objectionable that may invade another's right of privacy
or publicity;
b) impersonate any person or entity, including but not limited to, a D W Environmental Systems
official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation
with a person or entity;
c) post or transmit any Material that you do not have a right to reproduce, display or transmit
under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
upload or transmit any Material that infringes any patent, trademark, trade secret, copyright or
other proprietary rights of any party;
d) post or transmit any Material that contains a virus, harmful or corrupted data;
e) delete any author attributions, legal notices or proprietary designations or labels that you
upload to any communication feature; delete or revise any Material posted by any other person
or entity;
f) use this Website's communication features in a manner that adversely affects the availability of
its resources to other users, or use inordinate bandwidth; or g) post or transmit any unsolicited
advertising, promotional materials, "junk mail", "spam," or any other form of solicitation.
Access by D W Environmental Systems.
You agree that D W Environmental Systems has the right to monitor your use of this Website
electronically and/or to disclose any information as necessary to satisfy any law, regulation or
other governmental request (including, but not limited to, whether informal requests of
authorities, or formal requests, such as legal process, subpoena, search warrant or court order), to
operate the system properly, to protect itself or its subscribers, or otherwise. You waive any right
to privacy in and to the information which you convey by or through this Website. You shall
indemnify and hold D W Environmental Systems harmless from such monitoring and disclosure.
D W Environmental Systems reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or are
believed to be in violation hereof. You hereby authorize D W Environmental Systems, and
hereby appoint D W Environmental Systems, as your attorney-in-fact to take any action
necessary or appropriate to comply with any statutes, regulations, ordinances or other laws, user
policies and/or industry-standard organizational or governing bodies, including, but not limited
to the ICANN and its successor(s), and hereby release D W Environmental Systems from
liability for any such acts. You consent to D W Environmental Systems using "cookies" or
similar commonly used technical devices of storing data on your computer for the purposes of
reviewing, maintaining and/or improving this Website and related services.
Except for certain products and services for which D W Environmental Systems is expressly and
specifically identified by D W Environmental Systems as being itself the author or manufacturer,
all merchandise, content, information and services offered or made available or accessible on the
Internet or use of this Website are so offered or made available or accessible by third parties who
are not affiliated with D W Environmental Systems or its affiliates (“Third-Party Materials”).
• D W Environmental Systems makes no endorsements, representations and/or warranties
regarding Third-Party Materials. Third-Party Materials include public and governmental
documents.
No advice; Do Not Rely on Article Content; Services/Prices Subject to Change.
Any articles or information, including, but not limited to, those explaining commercial issues,
technical issues, legal issues or other subject matter are introductions only and not intended as
advice upon which you may or should rely. Such materials are not intended to replace the advice
of a properly engaged qualified professional who has examined your particular circumstances.
• D W Environmental Systems does not render legal advice or other professional advice. D
W Environmental Systems makes no representation that the information provided by or
through this Website is accurate, remains accurate, up-to-date, or is appropriate for your
situation. You accept all risks.
Any services and prices identified on or through this Website are subject to change without
notice; some products and services are not available in all areas. D W Environmental Systems
does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness
of any information, apparatus, product, or process disclosed by use of by or through this
Website.
Trademarks; Service Marks; Copyright.
"D W Environmental Systems" and the D W Environmental Systems logo(s), are trademarks
and/or service marks of D W Environmental Systems. All other references are marks of their
respective owners and bear no relationship to D W Environmental Systems. There is no
association or relationship between D W Environmental Systems and any government, business
or Website accessed via this Website, whether through the frames, links or otherwise. This
Website, and its content, is subject to the protection of the copyright laws of the United States
and other countries. You may not reproduce any part of this Website, including, but not limited
to, pictures and graphic images, without the prior written permission of D W Environmental
Systems; provided, however, that it is understood that Member Services permit certain benefits
specifically described on the Benefits of Being a Member page. YOU MAY NOT MODIFY,
DECOMPILE, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR
DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THIS WEBSITE, INCLUDING
BUT NOT LIMITED TO TEXT, GRAPHICS, CODE AND/OR SOFTWARE, PROVIDED,
HOWEVER, THAT PURCHASED MATERIALS ARE YOURS TO USE WITHOUT THE
FOREGOING RESTRICTION.
Except for the Website Services and related data, anything sent to D W Environmental Systems
arising from your use of this Website may be used without liability and for any purpose without
compensation or attribution to you or the sender and D W Environmental Systems may
reproduce, sublicense, transfer, use, disclose, exhibit, display, transform, create derivative works
and distribute such content or materials to others without limitation; this includes but is not
limited to any information (including, without limitation, ideas contained therein for new or
improved products and services) you submit to or through this Website (including, but not
limited to, bulletin boards, forums and newsgroups) or by email by all means and in any media
now known or hereafter developed. You grant to D W Environmental Systems the right to use
your name in connection with the submitted materials and other information as well as in
connection with all advertising, marketing and promotional material related thereto. You agree
that you shall have no recourse for any alleged or actual appropriation of any proprietary right in
your communications to this Website.
No Endorsement; No Opinion of Quality; Privacy.
Reference to any customer, service provider, specific or general commercial products, process
whatsoever, or any of the foregoing by trade name, trademark, manufacturer, or otherwise, does
not constitute or imply endorsement, recommendation, or preference by D W Environmental
Systems. Any views, statements and opinions expressed herein, by D W Environmental Systems
or users of this Website, do not necessarily state or reflect those of D W Environmental Systems,
and shall not be used for advertising or product endorsement purposes.
No Warranties.
• You assume total responsibility and risk for the use of this Website and use of the Website
Services, and all related information.
The Website Services, this Website and any information and/or merchandise created,
accessed and/or obtained thereby (including, but not limited to, “Third-Party Materials”),
are received and/are used by you on an "AS IS " and "AS AVAILABLE " basis, with all
faults, and without warranties of any kind, either express or implied, including, but not
limited to, warranties of title, non-infringement or implied warranties of merchantability
or fitness for any particular purpose.
Without limiting the generality of the foregoing, and notwithstanding anything herein to the
contrary: i) D W Environmental Systems does not represent or warrant the successful delivery of
any electronic communication or mail, or that such electronic communication or mail will remain
private or in its original form or format; ii) D W Environmental Systems reserves the right, and
D W Environmental Systems is here-by specifically and expressly authorized by you, to delete,
to archive or to otherwise remove information and/or data of any nature from access and/or use
from anyone, including, but not limited to, yourself, if any claim is made that there is a direct or
indirect improper use of this Website, and D W Environmental Systems shall have no duty to
investigate the merits of any such claim prior to taking such action. D W Environmental Systems
necessarily uses the services of third-party vendors, including, but not limited to,
telecommunication companies. The terms of this Agreement are necessarily subject to and
limited to the terms and conditions of D W Environmental Systems agreements with such thirdparty vendors. You assume the risk that that access may be permanently or temporarily
suspended, terminated, or otherwise adjusted, with or without notice, in the event that your use is
unacceptable at any time by such third-party vendors.
Neither D W Environmental Systems nor its employees, agents, representatives or affiliates
make any express or implied warranties, representations or endorsements whatsoever
arising from, related to or in connection with this Website.
• It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all
information and the quality and merchantability of all merchandise, provided through this
Website, the Website Services or otherwise on the Internet.
Neither D W Environmental Systems nor its employees, agents, representatives or affiliates
warrant that: a) access to this Website and/or the Website Services, or use thereof, will be
uninterrupted or error free; b) that a connection can or will be established, or 24/7 access;
c) that information or data of any nature will remain private; or d) that any information,
software or other material accessible by or through this Website is free of viruses, worms,
trojan horses or other harmful components. Website Services necessarily use the services of
third-party vendors, including, but not limited to, telecommunication and website hosting
companies. You assume the risk that your use of this Website may be terminated or
otherwise adjusted, without notice, in the event that such use is unacceptable at any time by
such third-party vendors.
Under no circumstances shall D W Environmental Systems, or its employees, agents,
representatives or affiliates be liable for any direct, indirect, incidental, special, punitive or
consequential damages that result in any way including, but not limited to, from your use
of or inability to use this Website or your reliance on or use of information, Website
Services or merchandise provided on or through this Website, or that may result from
mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or
transmission, or any failure of performance. You hereby agree to indemnify D W
Environmental Systems, its employees, agents, representatives and affiliates from and
against all actions, claims, suits, demands, damages, liabilities, losses, costs and expenses
arising out of, related to, or in any way connected with your use of this Website, Website
Services and/or access to the Internet.
D W Environmental Systems shall not be liable for any failure to perform any obligations
due to causes which are beyond its control and/or of a nature which it does not have the
authority or power to remedy. In no event shall D W Environmental Systems’s maximum
liability exceed any fee actually paid by you for thirty (30) days of use of and access to this
Website or the cost of any fee paid for the product or service at issue, whichever is less (if
the product or service consist of multiple discrete individual items, then the fee paid for
such discrete individual items).
Miscellaneous.
Without limiting the foregoing, this Agreement shall be binding upon and inure to the benefit
and burden of the successors, heirs, personal representatives, agents, legal representatives and
assigns, of any nature at any time, of the parties. D W Environmental Systems's failure to insist
upon or enforce strict performance of any provision of this Agreement shall not be construed as a
waiver of any provision or right. Neither the course of conduct between the parties nor trade
practice shall act to modify any provision hereof. D W Environmental Systems may assign its
rights and duties hereunder at any time without notice to you. You may not assign any term or
condition of this Agreement without the express prior written consent of D W Environmental
Systems.
This document and all issues arising from or related to your use of this Website shall be
governed and construed in accordance with the laws of the United States and the Commonwealth
of Pennsylvania. You agree that any legal action or proceeding between D W Environmental
Systems and/or you for any purpose concerning this document or your use of, or access to, this
Website, or the rights/obligations hereunder, shall be brought exclusively in the Commonwealth
of Pennsylvania.
Any cause of action or claim you may have with respect to this Website must be commenced
within one (1) year after the claim or cause of action arises, or such claims or cause of action
shall be barred. D W Environmental Systems's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed as a waiver of any
provision or right. Neither the course of conduct between the parties nor trade practice shall act
to modify any provision hereof. D W Environmental Systems may assign its rights and duties
hereunder to any party at any time without notice to you. Any rights not expressly granted herein
are reserved.
Any and all disputes arising from, related to or in connection with this document with an averred
claimed amount exceeding ten thousand dollars ($10,000): i) shall be settled by binding
arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration
Association ("AAA"), and judgment upon the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction thereof; ii) if the averred claim is less than twenty thousand
dollars ($20,000) there shall be one (1) arbitrator; otherwise there shall be three (3) arbitrators;
iii) the arbitrator(s) shall be appointed in accordance the AAA Commercial Rules from a AAA
panel of arbitrators each of whom regularly represents commercial enterprises; and iv) the
arbitrator(s) shall have no authority to award punitive or exemplary damages but may award
temporary or permanent equitable relief. All disputes required to be resolved by binding
arbitration shall be considered private and confidential and neither party shall issue press releases
or otherwise disclose information regarding the same; provided, that a party may publicly
respond to any prior disclosure made by the other party in breach of this provision.
Contact [email protected] for issues regarding this Website. For any claim made
pursuant to the Digital Millennium Copyright Act (DMCA), please email us at
[email protected]
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