Conditions of Use B www.asbestosguru-oberta.com Website
Your use of the website identified as www.asbestosguru-oberta.com (AWebsite@) is governed by the terms and conditions set forth below. Please read them carefully. By using this website you indicate your acceptance of, and agreement to be bound by, the terms and conditions set forth below (also referred to as this "Agreement"). If you do not agree to these terms and conditions, please do not use this Website. This Agreement shall supercede any prior or subsequent terms or conditions included with any communications, agreement, purchase order, or invoice, whether or not such terms or conditions are signed by OccuTrain Corporation dba The Environmental Consultancy (ATEC@).
Copyright and Trademark Notice - All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, information, data, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material and software (collectively "Content"), is the property of TEC or its content suppliers and are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.), and TEC owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. All software used on this Website is the property of TEC or its software suppliers and protected by U.S. and international copyright laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. You may not upload, post, reproduce, or distribute in any way or in any form Content protected by copyright, or other proprietary right, without TEC=s express prior written permission. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Website is strictly prohibited. All marks, names, and logos mentioned herein are the property of The Environmental Consultancy or their respective owners.The Environmental Consultancy=s trademarks may not be used in connection with any product or service that is not TEC==s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TEC.
Website Content and Information - This Website contains photographs, information, text, and other materials ("TEC Information") that are provided for your information. You should be aware that the TEC Information may contain errors, omissions, inaccuracies, or outdated information. TEC makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any TEC Information and shall not be liable for any lack of the foregoing.
Disclaimer and Limitation of Liability - You expressly agree that use of this Website is at your sole risk. Neither TEC, nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, "Providers"), or the like, warrant that the content of this website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of TEC products or services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided by TEC.
THIS WEBSITE IS PROVIDED BY TEC ON AN "AS IS" AND "AS AVAILABLE" BASIS. TEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, TEC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO THE GOODS, THE TEC INFORMATION, OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THE WEBSITE OR YOUR USE OF THE WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
YOU AGREE THAT TEC AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF ANY INFORMATION PROVIDED BY TEC, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT SHALL TEC OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), WITH RESPECT TO THE INFORMATION PROVIDED BY TEC OR OTHER PRODUCTS, SERVICES, OR MATERIALS OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER TEC OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, THE MAXIMUM LIABILITY OF TEC AND ITS PROVIDERS TO YOU SHALL NOT EXCEED THE AMOUNT OF THE FEES PAID BY YOU FOR THE GOODS, OR OTHER PRODUCTS OR SERVICES YOU HAVE ORDERED THROUGH THIS WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO THIS AGREEMENT.
Miscellaneous - This Agreement and any applicable policies and procedures of TEC, together with those documents, policies, and procedures expressly referred to herein, constitute the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreement between the parties with respect to such subject matter. This Agreement shall be construed in accordance with and governed by the internal laws of the State of Texas without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Texas to the rights and duties of the parties. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. You may not assign, transfer, or delegate this Agreement or any part of it without TEC's prior written consent. TEC may freely transfer, assign, or delegate all or any part of this Agreement, and any rights and duties thereunder, without the requirement of consent. This Agreement will be binding upon and inure to the benefit of the heirs, successor, and permitted assigns of the parties.