Terms and Conditions
By visiting the Site, you, the User, indicate that you understand these Terms and Conditions and intend them to be the legal equivalent of a signed, written contract and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them without any limitation or qualification. If you do not agree to these Terms and Conditions, please discontinue your use of the Site.
Please note that EDR reserves the right to change the Terms and Conditions under which this Site and its offerings are extended to you. Any such change shall be effective upon notice, which may be given by EDR's posting such change on the Site, by e-mail, or any other reasonable way. If a change is notified by a posting on the Site, it shall be deemed to take effect when posted; if a change is notified by e-mail, it shall be deemed to take effect when the e-mail is sent; and if a modification is notified in any other way, it shall be deemed to take effect when the relevant notice is sent or issued by or on behalf of EDR. Your continued use of the Site following notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. You agree that notice of changes to these Terms and Conditions on the Site, delivered by email, or provided in any other reasonable way constitutes reasonable and sufficient notice.
1. Grant of License
These terms and conditions provide you, the User, with a personal, revocable, nonexclusive, nontransferable license to use this Site conditioned on your continued compliance with these Terms and Conditions. Users may print and download materials and information on this Site solely for personal and noncommercial use or, only to the extent permitted by an Other Agreement (defined below) for internal business use, provided that in all cases all hard copies contain all copyright and other applicable notices contained in such materials and information, and for the purpose of doing business with EDR. Notwithstanding the foregoing and except as otherwise expressly permitted herein, a User may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through this Site. As a further condition of use of this Site, all Users warrant to EDR that they will not use this Site for any purpose that is unlawful, prohibited by any applicable regulation or is otherwise inconsistent with these Terms and Conditions. You further warrant that you will not attempt or actually systematically extract data contained in this Site to populate databases for internal or external use.
2. Provision of Information
When you provide information to EDR through the Site, you agree to provide true, accurate, current and complete information about yourself. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, or conceal your identity from EDR for any purpose.
3. Notices, Communications, and Electronic Signatures
You agree to be bound by any affirmance, assent or agreement you transmit through the Site. You agree that, when in the future you visit the Site, your agreement or consent to these Terms and Conditions will be legally binding and enforceable and the legal equivalent of your handwritten signature.
4. Intellectual Property Rights
All material contained on this Site, unless otherwise indicated, is protected by law including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, EDR does not grant any express or implied right(s) to Users of this Site. Copyright and other proprietary rights in the Site, or portions thereof, may be held by individuals and/or entities other than EDR. Removing or altering the copyright notice on any material on this Site is prohibited. EDR owns a copyright in the Site as a collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the Site's content.
ENVIRONMENTAL DATA RESOURCES, INC., EDR, the EDR logo and all other trademarks, names, logos, and icons identifying EDR or EDR's products and services are proprietary marks of EDR and are registered and/or common law trademarks of EDR, and may not be copied, imitated or used, in whole or in part, without the prior written permission of EDR. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of EDR and may not be copied, imitated or used, in whole or in part, without the prior written permission of EDR. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EDR.
The contents of this Site are ©2007-2011 Environmental Data Resources, Inc. All Rights Reserved.
6. Your Registration Information
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to EDR, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to EDR.
7. 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.
8. Code of Conduct
You agree not to do any of the following:
1. Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation: (a) using, or attempting to use, any account without the owner's permission, (b) obtaining or soliciting another person's password or other personal information under false pretenses, or (c) impersonating another user or otherwise misrepresenting yourself to EDR, our affiliates, the Site's systems, or other entities.
2. Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation: (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties.
3. Post, upload to, transmit, distribute, store, create or otherwise publish any knowingly inaccurate or misleading personal or financial information, reviews, recommendations, claims or content.
4. Post, upload to, transmit, distribute, store, create or otherwise publish any unlawful, threatening, defamatory, obscene, inflammatory, pornographic, profane, or otherwise objectionable (as determined by EDR) information or material.
5. Post, upload to, transmit, distribute, store, create or otherwise publish any information or material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
6. Use the Site to Post, upload to, transmit, distribute, store, create or otherwise publish any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component.
7. Post, upload to, transmit, distribute, store, create or otherwise publish any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You are solely responsible for determining whether any material you post, upload to, transmit, distribute, store, create or otherwise publish is subject to a third party's rights You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
8. Use the Site for any unlawful purpose.
9. Modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site.
10. Impersonate any person or entity, or misrepresent any affiliation with another person, entity or association.
11. Post, upload to, transmit, distribute, store, create or otherwise publish any advertising, promotion, or solicitation of goods or services for commercial purposes except in any areas of the Site specifically designated for such purpose (and subject to applicable Site rules).
12. Misuse any e-mail function available on or through the Site. This includes, without limitation, (a) sending unsolicited commercial e-mail to any account that causes complaints from the recipients, (b) continuing to send commercial e-mail to a recipient if recipient has requested that you discontinue such communication, (c) sending bulk e-mails, "spam," chain letters, "mail bombs," or other disruptive transmissions, or (d) forging message headers or otherwise concealing an e-mail address or preventing others from responding to a message, or attempting to do so.
9. Use of Chat Rooms and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, public or private groups, Directories (defined below), review services or other forums in which you or third parties may post reviews of, make recommendations for or give ratings of content, events, products, services or third party providers, or post other content, messages, materials or other items on the Site ("Interactive Areas"). If EDR provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. By using any Interactive Areas, you expressly agree to comply with the Code of Conduct set forth above with respect to your use of the Interactive Areas. You acknowledge and agree that EDR may set up any such forum to be accessible by all Site users or by certain Site users elected at the sole discretion of EDR or any designee chosen by EDR. Eligibility for access or membership in any given forum (or any continued access and membership) shall be determined by EDR or its designee in its sole discretion, and you may not be given access to certain forums.
No review, recommendation or rating on the Site or in any Interactive Area shall be deemed to be an endorsement by EDR of any the particular matter subject of the review, recommendation or, if such matter is a third party provider, a guarantee of such provider's quality, competency, qualifications, experience, resources, character, honesty, integrity, responsiveness or other personal and professional characteristics.
EDR takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is EDR liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter in any Interactive Area. As a provider of interactive services, EDR is not liable for any statements, representations or content provided by its Users in any Directory (defined below), public forum, personal home page or other Interactive Area. Although EDR has no obligation to screen, edit or monitor any of the content posted to or distributed through any Interactive Area, EDR reserves the right, and has absolute discretion, to remove, screen or edit without notice any content posted or stored on the Site at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any EDR you post or store on the Site at your sole cost and expense.
With respect to any member or provider directories ("Directories") included through the Site, EDR may edit, move, or delete any content in the Directories (including content that you have provided) or terminate all or part of any Directory without notice or liability for any reason at our sole discretion. You acknowledge that EDR has absolute editorial discretion to determine the structure and content of the Directories and that, because any placement in any Directory is subject to change or deletion at any time, you may not rely on any aspect of a placement's inclusion in any Directory. You agree to waive any claim related to the inclusion, placement, exclusion, or removal of any placement in any Directory. EDR is not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content in any Directory originating with or otherwise provided by third parties.
In addition to these terms, if you submit a placement for possible inclusion in any Directory, you expressly agree to comply with the Code of Conduct set forth above.
No Directory shall be used for any of the following purposes: Information from it may not be added to, loaded into or transcribed into any database, information or text retrieval system, bulk mailing list or e-mail list server, any form of merge document, including but not limited to word processors, spreadsheets, databases, contact management systems, auto-dialers, address lists by any means including but not limited to electronic, mechanical or manual. Information from it may not be used for any form of solicitation or promotion regardless of whether or not such solicitation or promotion is for a commercial, charitable, or other non-profit use. Information from it may not be used for any commercial purpose whatsoever.
Additional information about Site and other important matters is contained within the Site itself, including in the Rules of Engagement and you acknowledge and agree that your use of the Site, or of any information or features in or on the Site, is informed by and subject not only to these Terms and Conditions but also by the information and explanation available on these pages.
10. Assumption of Risk
Use of the Internet and this Site is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations. While EDR has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, EDR and its employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns are not responsible for the security of any information transmitted via the Internet. The User assumes sole and complete risk for using this Site and must make his or her own determination as to these matters.
11. Law Enforcement
EDR reserves the right to view, monitor, and record activity on the Site without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the Site. EDR will also comply with all court orders involving requests for such information.
12. Third Party Services; Links to Other Sites
The Site may contain or provide information regarding applications, products and/or services provided or offered by third parties. EDR is merely an information provider and is not a referral service, and it does not recommend or endorse any such third party applications, products and/or services or monitor or have any control over such third party applications, products and/or services. Therefore, EDR makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such third party applications, products and/or services or the results obtained therefrom, and EDR assumes no responsibility or liability for any third party applications, products and/or services or for the actions or failure to act of those providing such third party applications, products and/or services. You assume full responsibility for your use of any such third party applications, products and/or services Third-Party Services.
EDR, in its sole discretion, may offer links to other web sites ("third-party sites") that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. EDR cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party sites. EDR does not endorse any of the products or services offered in any third-party sites. Further, EDR has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party sites. EDR expressly disclaims any responsibility for the privacy policies, information collection practices, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party sites. Before proceeding with any transaction with any third-party site, whether the transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever investigation such User deems necessary and appropriate.
13. Events Beyond EDR's Control
Users expressly absolve and release EDR from any claim of harm resulting from a cause beyond EDR's control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
WHILE EDR ENDEAVORS TO PROVIDE ACCURATE AND TIMELY INFORMATION, THE INFORMATION AVAILABLE ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. MOREOVER, EDR MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION AVAILABLE ON THIS SITE AT ANY TIME, FOR ANY REASON WITHOUT NOTICE.
YOU, THE USER, ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE. EDR MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY IN YOUR JURISDICTION, OR ACCURACY OF THE INFORMATION AVAILABLE ON OR THROUGH THIS SITE FOR ANY PURPOSE. SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
EDR assumes no liability or responsibility for any errors or omissions on the Site; 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 servers. EDR reserves the right to deliver the Site in EDR's sole discretion. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EDR SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THIS AGREEMENT.
YOU EXPRESSLY AGREE THAT ANY RATINGS AND OTHER OPINIONS PROVIDED VIA THIS SITE ARE, AND WILL BE CONSTRUED SOLELY AS, STATEMENTS OF OPINION AND NOT STATEMENTS OF FACT OR RECOMMENDATIONS ANY SUCH RATING OR OPINION WILL BE WEIGHED, IF AT ALL, BY YOU SOLELY AS ONE FACTOR IN ANY DECISION MADE BY YOU.
IN NO EVENT SHALL EDR OR ANY OF EDR'S SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND 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 AVAILABLE ON THIS SITE, OR OTHERWISE ARISING OUT OF THE UTILIZATION OF THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF EDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EDR AND YOU. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Some states do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you, in which case EDR's liability shall be limited to the maximum extent permitted by applicable law.
You agree that you are responsible for your behavior in connection with the Site. EDR shall not be liable for claims made against you or EDR arising out of your use of the Site, and you agree to defend, indemnify, and hold harmless EDR and its affiliates and all of their employees, agents, directors, officers, proprietors, partners, representatives, shareholders, servants, attorneys, predecessors, successors, and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from your use of the Site or any breach by you of these Terms and Conditions. EDR reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of EDR. You agree to cooperate as fully as reasonably required in EDR's defense of any claim.
EDR also welcomes your feedback and suggestions about how to improve our products and services and this Site. Any ideas, suggestions, information, know-how, material, or any other content (collectively, "content") received through this Site, however, will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for EDR to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display, (in whole or part) worldwide, or act on such content without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and User hereby waives any claim to the contrary. EDR takes no responsibility for such content received through this site, nor does EDR have any obligation to monitor such content. EDR shall have the right, but not the obligation, to monitor any such content to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized government request.
17. Right to Block Content
EDR does not and cannot review all content submitted by users to the Site, and EDR therefore does not make any representation or warranty with respect to it and EDR does not endorse any specific products or services which may be included in any such content. However, EDR reserves the right to block or remove content or communications that EDR determines, in its discretion, to be in violation of these Terms and Conditions. As explained above, under Disclaimers, the Site is offered "as is," and you use it at your own risk. Without limitation, this means that, despite the requirements of these Terms and Conditions, Site users may post content that violates them. EDR assumes no responsibility or liability for such content. If you have submitted objectionable content, EDR may, in its sole discretion, terminate your account, take legal action against you and/or, if applicable, notify the appropriate authorities or parties, all without prior notice or liability to you.
18. Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. EDR reserves the right to remove any material on the Site which allegedly infringes another person's copyright. If you believe in good faith that materials hosted by EDR infringe your copyright, you (or your agent) may send us a notice requesting that the materials be removed, or access to them blocked.
Such notice must meet statutory requirements imposed by the DMCA and must be in writing and include the following information in writing:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed. Please describe the work and, where possible, include a copy or the location (e.g., URL) of an authorized version of your work;
- A description of the material that you claim to be infringing, as well as its location on the Site;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the materials is not authorized by the copyright owner, its agent, or the law; and
- A 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.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice.
Notices and counter-notices for the Site should be sent to: Paul M. Vogt, Esq., 46 Southfield Avenue, Suite 400, Stamford, CT 06902.
We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be substantial penalties for false claims.
19. 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 place of the arbitration shall be New Haven, Connecticut. 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, EDR may seek preliminary injunctive relief from a court of law in the event of a breach by you. This Site is controlled and operated by EDR from its offices within the United States. EDR makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. Those who choose to access this Site from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Failure to insist on strict performance of any of these Terms and Conditions will not operate as a waiver of any subsequent default or failure of performance. No waiver by EDR of any right under these Terms and Conditions will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.
If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, 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.
No joint venture, partnership, employment, or agency relationship exists between a User and EDR as a result of these Terms and Conditions or User's utilization of this Site.
23. Termination and Modification
EDR reserves the right in its sole discretion to terminate, block or restrict your use of the Site or any portion thereof, for any or no reason, and without notice, obligation or liability to you or any other person. In addition, EDR reserves the right in its sole discretion to terminate or modify any Site feature or offering, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.
You may not, nor may you allow others to, directly or indirectly, attempt to or actually disrupt, impair or interfere with, alter or modify the Site or any content. You may not, nor may you allow others to, directly or indirectly, collect or attempt to collect any information about others.
25. Entire Agreement/Reservation of Rights