Updated November 15, 2019
Privacy & Data Security
Unless otherwise noted, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained in the Site is owned, controlled or licensed by or to Envirosight and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights.
User Submissions, Feedback and Information
Your provision of a Submission constitutes a warranty and indemnity that you have sufficient license and/or other rights in the content to allow all desired use by Envirosight.
Your Use of the Site
In connection with your use of the Site, you agree that you will not:
- post, upload, publish, submit or transmit any material that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any other person; or (g) promotes illegal or harmful activities or substances;
- interfere with or damage the Site, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- violate any local, state, provincial, national, or other law or regulation, or any order of a court;
- “scrape,” “crawl” or “spider” any web pages or other services contained in the Site;
- display, mirror or frame the Site, or any individual element within the Site, Envirosight’s name, any Envirosight trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Envirosight’s express written consent;
- access, tamper with, or use non-public areas of the Site, Envirosight’s computer systems, or the technical delivery systems of Envirosight’s providers;
- attempt to probe, scan, or test the vulnerability of any Envirosight system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Envirosight or any of Envirosight’s providers or any other third party (including another user) to protect the Site or any of the content on the Site;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site; or
- advocate, encourage, or assist any third party in doing any of the foregoing.
Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Site is expressly prohibited.
Envirosight reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of or content on the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
We do not permit copyright infringing activities and infringement of intellectual property rights on the Site and will remove any such content if properly notified that such content infringes on another’s intellectual property rights. If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- description of the copyrighted work that you claim has been infringed;
- description of the material that you claim is infringing and where it is located on the Site;
- identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our Copyright Agent via email at firstname.lastname@example.org or by mail at Marketing Department, c/o Envirosight, 111 Canfield Ave, Randolph, NJ 07869.
Upon receipt of such notice, we will investigate and remove material if necessary. You will be notified of the results of such investigation.
Links to/from Other Sites
Our Site may contain links to other websites for your convenience or information, and you may reach our Site by linking from another Site or clicking on a Envirosight ad (“Linked Sites”). Such Linked Sites are not under Envirosight’s control, and Envirosight is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites.
Disclaimer; Limitation of Liability
THE SITE AND ALL CONTENT OFFERED THROUGH THE SITE ARE PROVIDED “AS IS, AS AVAILABLE.” ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
The above disclaimer applies to any damages, liability or injuries, whether for breach of contract, tort, negligence or any other cause of action.
EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, WILL ENVIROSIGHT OR ITS THIRD PARTY VENDORS, LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF ENVIROSIGHT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ENVIROSIGHT’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS, REGARDLESS OF THE FORM OF ACTION OR CLAIM, EXCEED US $5.00 (FIVE US DOLLARS).
BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so these limitations may not apply to you.
Envirosight may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Envirosight’s rights or property, or the rights or property of visitors to or users of the Site. Envirosight reserves the right at all times to disclose any information that Envirosight deems necessary to comply with any applicable law, regulation, legal process or governmental request. Envirosight also may disclose your information when Envirosight determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of the State of New Jersey, United States of America excluding: (1) its conflicts of law principles thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of New Jersey; and (2) the United Nations Convention on Contracts for the International Sale of Goods.
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH ENVIROSIGHT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
In the event of dispute between the parties arising hereunder, and if such dispute cannot be resolved through negotiation, the parties first will try in good faith to settle their dispute through mediation administered through the American Arbitration Association under its Commercial Mediation Procedures. If they are unable to resolve the dispute through such mediation process, the dispute shall be submitted to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The prevailing party in any such dispute shall be entitled to recover its costs and expenses, including attorney fees, from the other party. The location of the mediation or arbitration shall be New York, New York.
Notwithstanding the paragraph above, we both agree that nothing herein will be deemed to waive, preclude, or otherwise limit either of our right to (i) bring an individual action in U.S. small claims court, (ii) pursue enforcement actions through applicable U.S. federal, state, or local agencies where such actions are available, (iii) seek injunctive relief in a U.S. court of law, or (iv) to file suit in a court of law to address intellectual property infringement claims.
Users Outside of the United States
Envirosight is headquartered in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Notice for California Users
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.
Questions and Contact Information
Envirosight is located at:
111 Canfield Ave, Randolph, NJ 07869
You may contact us by sending correspondence to the foregoing address or by emailing us at email@example.com.