Use of the website and any of its functions indicates that you, the User (“User” or “Purchaser”), has accepted these Terms and Conditions of Service of the Envirosite® Corporation website (“Site”), and that User understands these Terms and Conditions of Service and intend them to be the legal equivalent of a signed, written contract, and that User agrees to be legally bound by them without any limitation or qualification. If you, the User, do not agree to these Terms and Conditions of Service, please discontinue use of and exit the Site.
“Services” shall mean the provision of various environmental data reports for specific parcels of property identified by the User (“Reports”), including, but not limited to, Government Records Check, Historical Topographic Maps, Historical Aerial Photographs, Historical City Directory Abstracts, Fire Insurance Map Abstracts, and related types of documents.
1. Grant of License
These Terms and Conditions of Service provide you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site and access paid Reports, conditioned on User’s continued compliance with these Terms and Conditions of Service. As a further condition of use of this Site, all Users warrant to Envirosite Corporation that they will not use this Site for any purpose that is unlawful, prohibited by any applicable law or regulation or is otherwise inconsistent with these Terms and Conditions of Service, and that they will not extract data contained in this Site to populate databases for internal or external use.
2. Modification of Terms.
Envirosite reserves the right to change the Terms and Conditions of Service under which this Site and its products are offered to User. Any such change shall be effective upon posting to this Site, which User agrees constitutes reasonable and sufficient notice. User’s continued use of the Site following such modifications shall be deemed acceptance of any changes to these Terms and Conditions of Service.
3. Intellectual Property and Use of Reports.
The Site and all of its original content are the sole property of Envirosite and are fully protected by the appropriate international copyright and other intellectual property rights laws. Envirosite owns a copyright in the Site as a collective work and/or compilation, and in the selection and arrangement of the Site's content and Reports generated through the Site.
Envirosite and its logo and all other trademarks, names, logos, and icons identifying Envirosite or Envirosite’s products and services are proprietary marks of Envirosite and are registered and/or common law trademarks of Envirosite, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Envirosite. In addition, the look and feel of the Site, including all custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Envirosite and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Envirosite.
The contents of this Site are ©2014 Envirosite® Corporation All Rights Reserved.
User acknowledges that any Reports are proprietary to Envirosite and contain copyrighted material and valuable trade secrets of Envirosite. All rights of Envirosite as to the Reports are reserved. User agrees that it will use the Reports solely for the declared business purposes and preserve and protect the Reports included from unauthorized use and/or disclosure. Except as specifically permitted, User shall not copy, sell, transfer, rent, lease, license, assign, alter, revise, publish, distribute, disseminate, place on any Internet site, allow access to, or convey any portion of any Report. User shall not use the Report or any portion thereof to directly or indirectly compete with any products or services offered by Envirosite.
4. Compliance with Applicable Laws.
User's access to this Site is governed by all applicable laws of the United States of America, State of New York, and city of Conklin. User agrees to fully comply with all such laws.
5. Timely Payment for Services.
Invoices will be sent to User once per calendar month for the previous month’s Services. Payment in full from User shall be received no later than thirty (30) days from the invoice date and shall be deemed approved if no written objection is received within ten (10) business days after the invoice date. Any payment received after the deadline stated above shall be charged an additional 1.5% daily interest added to the invoiced amount for each day past due at Envirosite’s full and sole discretion. Said daily interest shall continue to accrue until the invoice is paid in full. Envirosite may, at any time and it is sole discretion, revoke User’s access to the Site for late/non-payment(s) until User’s account is paid in full, including any interest assessed and accrued.
6. Reliance by Third Parties.
All Reports are based on the data available as of the date of the government version which is reported in the data currency tracking section of the reports and are intended solely for the use of the User/Purchaser. Data currency is determined from Envirosite’s acquisition date of the data from its source. Envirosite provides no warranties for use of or reliance upon the information contained in the Report by other parties.
7. Disclaimer and Limitation of Liability.
It is assumed that the information provided to Envirosite by the User’s representative and/or other knowledgeable persons is accurate and up to date. Envirosite assumes no liability for faulty or inaccurate information provided by the User. In addition to User-provided information, the Reports may utilize a variety of public and other sources reasonably available to Envirosite. Envirosite cannot, and does not assure, warrant, guarantee, or assume any liability for the correctness, comprehensiveness, timeliness, or completeness of any of such information, nor is the information in any Report to be construed as legal advice, particularly with respect to environmental risks associated with any property.
Subject to any express statements which may be contained in the Reports with regard to compliance with Phase I Environmental Site Assessment Protocol, E1527-21, “Standard Practice for Environmental Assessments: Phase I Environmental Site Assessment Process” as set forth by ASTM International, or any other standards or protocol, Envirosite makes no representations about the suitability, completeness, timeliness, reliability, legality, or accuracy of the information available on or through this Site or in any Report generated by User-provided information through this Site. The User assumes the sole risk of making use of and/or relying upon the information available on or through this Site. Such information is provided “as is” without warranty of any kind.
Envirosite assumes no liability or responsibility for any failures, delays, or interruptions in the Site's accessibility; any losses or damages arising from the use of the Site; any conduct by other users of the Site; or unauthorized access to or use of the Site or its servers. Envirosite reserves the right to maintain the Site and provide Reports in its sole discretion. In no event shall Envirosite or any of Envirosite’s shareholders, directors, officers, employees, or agents be liable for any indirect, punitive, incidental, liquidated, special, or consequential damages arising out of or in any way connected with the use of this Site, any delay or inability to use this Site, or any information or Reports provided through this Site or otherwise arising out of the use of this Site.
8. Third Party Sites.
Envirosite may publish links to other sites from the Site. Please note that Envirosite does not control the content, practices, or policies of any other sites, including what information those sites collect about User. Should User choose to follow a link from the Site, User agrees to hold Envirosite harmless from any and all claims relating to User’s use of said third party sites. Additionally, Envirosite neither endorses nor assumes any responsibility for the privacy policies or information gathering practices of any site that User may link to from the Site. In addition, User may choose to respond to advertisements that are posted on the Site or made available via Envirosite service, or to direct marketing offers from third party sponsors or advertisers. Envirosite does not control the content, practices or policies of its sponsors or advertisers. User assumes all risks of using links to third party websites from the Site.
9. Site Security.
Users may not, nor may they allow others to directly or indirectly attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. Users may not, nor may they allow others to, directly or indirectly, collect or attempt to collect any information about others from the Site. Users agree to provide accurate, current, and complete information as prompted by the Site to establish and maintain credentials to access the Site and Reports. Users agree to maintain the security of their login credentials and accept all risks of unauthorized access.
10. Governing Law.
These Terms and Conditions are governed by and will be construed and enforced in accordance with the laws of the State of New York as applied to agreements entered into and completely performed in the State of New York. Any dispute, controversy, or claim arising out of or relating to these Terms and Conditions, whether based in contract, tort, or otherwise shall be ultimately and finally resolved in a court in the State of New York and any dispute, controversy, or claim arising out of or relating to any disputes relating to the content of the Site shall be finally resolved by binding arbitration. The arbitration shall be conducted by one arbitrator in English and in accordance with the Commercial Arbitration Rules of the American Arbitration Association, which shall administer the arbitration and act as appointing authority. The decision of the arbitrator shall be binding upon the parties hereto, and the expense of the arbitration (including without limitation the award of attorneys' fees to the prevailing party) shall be paid as the arbitrator determines. The decision of the arbitrator may be entered by any court of competent jurisdiction. User agrees to submit to the jurisdiction of the state and federal courts in Connecticut for the purposes of any judicial proceedings to obtain interim relief and in aid of the arbitration or judicial proceedings to confirm or enforce the award. Notwithstanding the foregoing, Envirosite Corporation may seek recourse including, but not limited to, preliminary injunctive relief from a court of law in the event of a breach by User.
11. Non-waiver of Rights.
Failure on the part of Envirosite to insist upon a strict performance of any of the terms, conditions, and covenants of these Terms and Conditions shall not be deemed a waiver of any rights or remedies herein granted to Envirosite, nor shall it be construed as a waiver of any subsequent breach or default of terms, conditions, and covenants herein stipulated.
12. Severability.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect.
13. Entire Agreement.
These Terms and Conditions, together with other documents and materials, that are specifically incorporated as if set forth fully herein, represent the entire agreement between the User and Envirosite, with respect to use of and material available on or through this Site, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the User and Envirosite with respect to this Site.