AGREEMENT BETWEEN USER AND JACO Environmental Inc
The JACO Environmental Inc Web Site is comprised of various Web pages operated by
JACO Environmental Inc.
The JACO Environmental Inc Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein. Your
use of the JACO Environmental Inc Web Site constitutes your agreement to all such
terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
JACO Environmental Inc reserves the right to change the terms, conditions, and notices
under which the JACO Environmental Inc Web Site is offered, including but not limited
to the charges associated with the use of the JACO Environmental Inc Web Site.
LINKS TO THIRD PARTY SITES
The JACO Environmental Inc Web Site may contain links to other Web Sites ("Linked
Sites"). The Linked Sites are not under the control of JACO Environmental Inc
and JACO Environmental Inc is not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes
or updates to a Linked Site. JACO Environmental Inc is not responsible for webcasting
or any other form of transmission received from any Linked Site. JACO Environmental
Inc is providing these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by JACO Environmental Inc of the site or any
association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the JACO Environmental Inc Web Site, you warrant to
JACO Environmental Inc that you will not use the JACO Environmental Inc Web Site
for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the JACO Environmental Inc Web Site in any manner which could damage,
disable, overburden, or impair the JACO Environmental Inc Web Site or interfere
with any other party's use and enjoyment of the JACO Environmental Inc Web Site.
You may not obtain or attempt to obtain any materials or information through any
means not intentionally made available or provided for through the JACO Environmental
Inc Web Sites.
USE OF COMMUNICATION SERVICES
The JACO Environmental Inc Web Site may contain bulletin board services, feedback
page, contact us pages, and/or other message or communication facilities designed
to enable you to communicate with a group (collectively, "Communication Services"),
you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication
Service, you will not:
- 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, infringing, obscene, indecent or unlawful topic, name, material
or information.
- Upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy of publicity) unless you
own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain
letters.
- Download any file posted by another user of a Communication Service
that you know, or reasonably should know, cannot be legally distributed in such
manner.
- Falsify or delete any 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, without their consent.
- Violate any applicable laws or regulations.
JACO Environmental Inc has no obligation to monitor the Communication Services.
However, JACO Environmental Inc reserves the right to review materials posted to
a Communication Service and to remove any materials in its sole discretion. JACO
Environmental Inc reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
JACO Environmental Inc reserves the right at all times to disclose any information
as 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 JACO Environmental Inc's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. JACO Environmental Inc does
not control or endorse the content, messages or information found in any Communication
Service and, therefore, JACO Environmental Inc specifically disclaims any liability
with regard to the Communication Services and any actions resulting from your participation
in any Communication Service. Managers and hosts are not authorized JACO Environmental
Inc spokespersons, and their views do not necessarily reflect those of JACO Environmental
Inc.
Materials uploaded to a Communication Service 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 JACO Environmental Inc OR POSTED AT ANY JACO Environmental
Inc WEB SITE
JACO Environmental Inc does not claim ownership of the materials you provide to
JACO Environmental Inc (including feedback and suggestions) or post, upload, input
or submit to any JACO Environmental Inc Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting JACO Environmental Inc, its affiliated
companies and necessary sublicensees permission to use your Submission in connection
with the operation of their Internet businesses including, without limitation, the
rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. JACO Environmental Inc is under no obligation to post or use any Submission
you may provide and may remove any Submission at any time in JACO Environmental
Inc's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in this section including, without limitation, all the rights necessary
for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
THE JACO Environmental Inc WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JACO Environmental Inc
AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE JACO Environmental
Inc WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE JACO Environmental Inc WEB SITE
SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND
YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR
SITUATION.
JACO Environmental Inc AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE JACO Environmental Inc
WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JACO Environmental
Inc AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING
ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JACO Environmental
Inc AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THE JACO Environmental Inc WEB SITE, WITH THE DELAY
OR INABILITY TO USE THE JACO Environmental Inc WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE JACO Environmental Inc WEB SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE JACO Environmental Inc WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JACO
Environmental Inc OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE JACO Environmental
Inc WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE JACO Environmental Inc WEB SITE.
SERVICE CONTACT: [email protected]
TERMINATION/ACCESS RESTRICTION
JACO Environmental Inc reserves the right, in its sole discretion, to terminate
your access to the JACO Environmental Inc Web Site and the related services or any
portion thereof at any time, without notice. GENERAL To the maximum extent permitted
by law, this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in Snohomish
County, Washington, U.S.A. in all disputes arising out of or relating to the use
of the JACO Environmental Inc Web Site. Use of the JACO Environmental Inc Web Site
is unauthorized in any jurisdiction that does not give effect to all provisions
of these terms and conditions, including without limitation this paragraph. You
agree that no joint venture, partnership, employment, or agency relationship exists
between you and JACO Environmental Inc as a result of this agreement or use of the
JACO Environmental Inc Web Site. JACO Environmental Inc's performance of this agreement
is subject to existing laws and legal process, and nothing contained in this agreement
is in derogation of JACO Environmental Inc's right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the JACO
Environmental Inc Web Site or information provided to or gathered by JACO Environmental
Inc with respect to such use. If any part of this agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid
or unenforceable provision will be deemed superseded by a valid, enforceable provision
that most closely matches the intent of the original provision and the remainder
of the agreement shall continue in effect. Unless otherwise specified herein, this
agreement constitutes the entire agreement between the user and JACO Environmental
Inc with respect to the JACO Environmental Inc Web Site and it supersedes all prior
or contemporaneous communications and proposals, whether electronic, oral or written,
between the user and JACO Environmental Inc with respect to the JACO Environmental
Inc Web Site. A printed version of this agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent an d subject to the same conditions
as other business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents are drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the JACO Environmental Inc Web Site are: Copyright 2010 by JACO
Environmental Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people and events depicted herein
are fictitious. No association with any real company, organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
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 under United States copyright law should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.