AGREEMENT BETWEEN USER AND LIQUID ENVIRONMENTAL SOLUTIONS

This Web Site (the “Liquid Environmental Solutions Web Site”) is comprised of various Web pages operated by Liquid Environmental Solutions Corporation and its subsidiaries and affiliates (collectively, “Liquid Environmental Solutions”).

The Liquid Environmental Solutions Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Liquid Environmental Solutions Web Site constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

Liquid Environmental Solutions reserves the right to change the terms, conditions, and notices under which the Liquid Environmental Solutions Web Site is offered, including but not limited to the charges associated with the use of the Liquid Environmental Solutions Web Site.  Your use of the Liquid Environmental Solutions Web Site following any such changes shall constitute your agreement to follow and be bound by the terms, conditions, and notices as modified.

LINKS TO THIRD PARTY SITES

The Liquid Environmental Solutions Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not owned by or under the control of Liquid Environmental Solutions and Liquid Environmental Solutions 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. Liquid Environmental Solutions is not responsible for webcasting or any other form of transmission received from any Linked Site.  Liquid Environmental Solutions is not responsible for any damages you may suffer from using any Linked Site.  Liquid Environmental Solutions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Liquid Environmental Solutions of the site or any association with its operators.  Linking to the Liquid Environmental Solutions Web Site is prohibited without the prior written consent of Liquid Environmental Solutions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Liquid Environmental Solutions Web Site, you warrant to Liquid Environmental Solutions that you will not use the Liquid Environmental Solutions Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Liquid Environmental Solutions Web Site in any manner which could damage, disable, overburden, or impair the Liquid Environmental Solutions Web Site or interfere with any other party’s use and enjoyment of the Liquid Environmental Solutions 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 Liquid Environmental Solutions Web Site.

USE OF COMMUNICATION SERVICES

The Liquid Environmental Solutions Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”).  You agree to use the Communication Services only to post, send and receive messages and materials 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 or 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.

Liquid Environmental Solutions has no obligation to monitor the Communication Services. However, Liquid Environmental Solutions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Liquid Environmental Solutions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever or for no reason at all.

Liquid Environmental Solutions reserves the right at all times to disclose to any third party any information or materials posted to any Communication Service, to refuse to post any information or materials to any Communication Service and/or to remove any information or materials previously posted to any Communication Service, in each case in whole or in part and in Liquid Environmental Solutions’ sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Liquid Environmental Solutions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Liquid Environmental Solutions 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 Liquid Environmental Solutions spokespersons, and their views do not necessarily reflect those of Liquid Environmental Solutions.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are solely responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO LIQUID ENVIRONMENTAL SOLUTIONS OR POSTED AT THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE

Except as otherwise agreed to by you and Liquid Environmental Solutions (for example, in a Testimonial Release Form), Liquid Environmental Solutions does not claim ownership of the materials you provide to Liquid Environmental Solutions (including feedback and suggestions) or post, upload, input or submit to the Liquid Environmental Solutions Web Site (collectively “Submissions”).  To the extent Liquid Environmental Solutions does not claim ownership in a Submission, you, by posting, uploading, inputting, providing or submitting your Submission, are granting Liquid Environmental Solutions and its necessary sublicensees permission to use your Submission in connection with the operation of their 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. Liquid Environmental Solutions is under no obligation to post, use or respond to any Submission you may provide and may remove any Submission at any time in Liquid Environmental Solutions’ 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 Submission, and all the rights necessary for Liquid Environmental Solutions to use the Submission as described in this section.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE WILL BE AT YOUR SOLE RISK, COST AND EXPENSE. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED ON THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE. LIQUID ENVIRONMENTAL SOLUTIONS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE AT ANY TIME WITHOUT NOTICE IN THE SOLE DISCRETION OF LIQUID ENVIRONMENTAL SOLUTIONS. ADVICE RECEIVED VIA THE LIQUID ENVIRONMENTAL SOLUTIONS 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.

LIQUID ENVIRONMENTAL SOLUTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT AND ASSUMES NO RESPONSIBILITY FOR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE LIQUID ENVIRONMENTAL SOLUTIONS 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. LIQUID ENVIRONMENTAL SOLUTIONS AND 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 LIQUID ENVIRONMENTAL SOLUTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER 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 LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE, THE DELAY OR INABILITY TO USE THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR RELATED GRAPHICS OBTAINED THROUGH THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LIQUID ENVIRONMENTAL SOLUTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU (AND, IN SUCH CIRCUMSTANCES, SUCH LIMITATIONS MAY BE REVISED, AS FURTHER DESCRIBED BELOW UNDER “GENERAL”). IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE LIQUID ENVIRONMENTAL SOLUTIONS WEB SITE.

SERVICE CONTACT: INFO@LIQUIDENVIRO.COM

TERMINATION/ACCESS RESTRICTION

Liquid Environmental Solutions reserves the right, in its sole discretion, to terminate your access to the Liquid Environmental Solutions 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 California, U.S.A. (without regard to conflict of law provisions) and you hereby consent to the exclusive jurisdiction and venue of courts in San Diego County, California, U.S.A. in all disputes arising out of or relating to the use of the Liquid Environmental Solutions Web Site. Use of the Liquid Environmental Solutions 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 Liquid Environmental Solutions as a result of this agreement or use of the Liquid Environmental Solutions Web Site. Liquid Environmental Solutions’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Liquid Environmental Solutions’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Liquid Environmental Solutions Web Site or information provided to or gathered by Liquid Environmental Solutions 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 Liquid Environmental Solutions with respect to the Liquid Environmental Solutions Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Liquid Environmental Solutions with respect to the Liquid Environmental Solutions 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 and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be drafted and interpreted in English.

COPYRIGHT AND TRADEMARK NOTICES:

All content of the Liquid Environmental Solutions Web Site (including, without limitation, text, graphics, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials) is the exclusive property of Liquid Environmental Solutions and is: Copyright 2014 Liquid Environmental Solutions and/or its suppliers. All rights reserved.

All trademarks, service marks, trade names, logos and product and service names of Liquid Environmental Solutions used on the Liquid Environmental Solutions Web Site are trademarks or registered trademarks of Liquid Environmental Solutions.  The names of other actual companies and their products mentioned on the Liquid Environmental Solutions Web Site may be the trademarks of their respective owners.

Any example companies, organizations, products, people and events depicted on the Liquid Environmental Solutions Web Site are fictitious, and no association with any real company, organization, product, person, or event is intended or should be inferred.

You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on the Liquid Environmental Solutions Web Site without the prior written consent of Liquid Environmental Solutions, which consent may be granted or withheld in Liquid Environmental Solutions’ sole and absolute discretion.  Any rights not expressly granted herein are reserved.  Without limiting the generality of the foregoing, Liquid Environmental Solutions retains all rights in its copyrights, trademarks, service marks, trade names, logos and product and service names depicted on the Liquid Environmental Solutions Web Site.

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.