Envirosite Corporation Terms and Conditions of Service
Use of app.envirobility.com and any of its functions indicates that you, the User, has accepted these Terms and Conditions of Service of the Envirosite Corporation website (“Site”), you (“User” or “Purchaser”), and that you understand these Terms and Conditions of Service and intend them to be the legal equivalent of a signed, written contract, and that you agree to be legally bound by them without any limitation or qualification. If you 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 your 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 you. Any such change shall be effective upon notice, which may be given by Envirosite's posting such change on the Site, by e-mail, or by any other reasonable way. Notice of any change posted on the Site shall be deemed to take effect when posted; notice of any change by e-mail shall be deemed to take effect when the e-mail is sent; notice of any change by any other manner shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of Envirosite. Your continued use of the Site following notice of such modifications will be deemed acceptance of any changes to these Terms and Conditions of Service. You agree that notice of changes to these Terms and Conditions of Service on the Site, by email, or any other reasonable means constitutes reasonable and sufficient notice.
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, 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, publish, distribute, disseminate, place on any Internet site, allow access to or convey any portion 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 federal, state and local laws. You agree to fully comply with all such laws.
5. Reliance by Third Parties.
All Reports are based on data available as of the date of 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. Envirosite provides no warranties for use of, or reliance upon the information contained in the Report by other parties.
6. 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 with respect to environmental risks associated with any
Subject to any express statements which may be contained in the Reports with regard to compliance with Phase I Environmental Site Assessment Protocol, E 1527-13, “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. Unless otherwise expressly provided, 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 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, 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, any information or Reports provided through this Site, or otherwise arising out of the use of this Site.
7. 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 you. Accordingly, Envirosite does not endorse or hold itself responsible for the privacy policies or information gathering practices of any site that you may link to from the Site. In addition, you 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 and, accordingly, does not endorse or hold itself responsible for the privacy policies or information gathering practices of any sponsor or advertiser who may collect information about You.
8. 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.
9. Governing Law
These Terms and Conditions are governed by and will be construed and enforced in accordance with the laws of the State of Connecticut as applied to agreements entered into and completely performed in the State of Connecticut. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of the Site, whether sounding in contract, tort or otherwise, shall be finally resolved by 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. You agree 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 preliminary injunctive relief from a court of law in the event of a breach by you.
10. 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.
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.
12. 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.
We respect your privacy.
The following provides an overview of how your privacy is protected on this website.
What information do we gather?
Information on the ENVIROSITE website is gathered in two ways:
- indirectly (for example, through our site’s technology); and
- directly (for example, when you provide information on various pages of the ENVIROSITE website).
An example of how we collect information indirectly is through our Internet access logs. When you access the ENVIROSITE website, your Internet address is automatically collected and placed in our access logs.
We also collect information when you voluntarily submit it to us. Throughout our site, we provide the opportunity to fill out a contact form, register for an event or conference, order a white paper, or participate in an online survey. When we collect this type of information, we notify you as to why we are asking for the information and how this information will be used. It is completely up to you whether or not you want to provide it.
How do we use this information?
We aggregate and analyze information to determine what is most effective about our site and to help us identify ways to improve it. If you voluntarily submit information, we distribute it internally to ENVIROSITE employees so that they can follow up with you or process your information in accordance with the explanation of how the information will be used at the point of data collection.
Do we share your information with outside parties?
We do not sell information gathered on our site. As a global organization, we may share your information with employees of ENVIROSITE. On some occasions, we may need to share information with trusted vendors and business partners. For example, if you sign up for an online webinar, we may need to submit your data to a webinar vendor so they can send you login information. But again, before you submit any information, we will notify you as to why we are asking for specific information and how we intend to use it.
What about sensitive personal data?
We do not generally seek to collect sensitive personal data through this site. If we do collect such data, we will ask you to consent to our proposed uses of the data. We may also collect some sensitive personal data incidentally. By providing us with unsolicited sensitive personal data, you consent to our using the data subject to applicable laws as described in this Privacy Statement. The references to “sensitive personal data” pertain to the various categories of personal data identified by European and other data privacy laws as requiring special treatment, including in some circumstances the need to obtain explicit consent. These categories comprise personal identity numbers; personal data about personality and private life; racial or ethnic origin; nationality; political opinions; membership in political parties or movements; religious, philosophical or other similar beliefs; membership in a trade union or profession or trade association; physical or mental health; genetic code; addictions; sexual life; property matters; or criminal record (including information about suspected criminal activities).
Do we give you access to this information?
You are entitled to know whether we hold information about you and, if we do, to have access to that information. You may also require your information to be corrected if it is inaccurate. You can do this by sending us an e-mail.
What about data security?
We take appropriate steps to maintain the security of your data on the ENVIROSITE website. You should understand that the open nature of the Internet is such that data may flow over networks without security measures and may be accessed and used by people other than those for whom the data is intended.
That’s it in a nutshell. The short of it is: we are interested in maintaining your privacy and creating a valuable resource for you to use. If you have any questions now or during your visit, please contact us.