Before you use Environmentalriskmanager.com, please read and accept the following terms and conditions:
Environmentalriskmanager.com Subscription Agreement
THIS SUBSCRIPTION AGREEMENT IS A LEGAL, BINDING AGREEMENT BETWEEN YOU ("YOU," "YOUR" OR "YOURSELF"), AS THE USER, AND Environmentalriskmanager.com ("OUR," "US," "WE" OR "Environmentalriskmanager.com"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING REGISTRATION. BY COMPLETING THE SUBSCRIPTION FORM BELOW, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DISCONTINUE THE REGISTRATION PROCESS.
1.1 Environmentalriskmanager.com currently provides a web site tailored to environmental risk managers and other industry professionals. This agreement relates to the use of this website for the public accessible and password protected (subscription required) sections of the site, as well as all artwork, logos, layout, multimedia content and intellectual property contained in the site or available to Subscribers via the website. You as a Subscriber, subject to certain limitations as described herein, are granted limited access rights to our content. In order to use the Subscription, you must obtain access to the Internet and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet and be able to view the content via an Internet browser such as Internet Explorer. Environmentalriskmanager.com makes use of advanced features that require a modern browser, version 4 or above, as well as free readers such as Adobe Reader and Shockwave Flash Players. To view content contained in these media types, you must have access to the appropriate software required. Environmentalriskmanager.com will, at our discretion, provide links to these free readers, but is under no obligation to do so or otherwise ensure that these readers will work with your computer system. Environmentalriskmanager.com's subscription content is provided on a per user, per computer basis. Generally, subscriptions are not transferable, although we may at our own discretion grant a transfer in special cases. Environmentalriskmanager.com may provide clients with subscription software that the subscriber can use to connect to the website. This software works on Windows 9x, 2000, and NT and XP machines. Subscribers should consult their IT departments to adhere to company specific installation protocols. Environmentalriskmanager.com will not send subscription software to any subscriber through email, nor should any subscriber accept subscription software sent from third parties claiming to be associated with Us.
1.2 The Subscription currently includes access to substantially all of the content at Environmentalriskmanager.com. However, due to contractual or other restrictions or limitations, from time to time, some content may be unavailable at Environmentalriskmanager.com, as we reserve the right to add, change, delete and otherwise constantly update the content to suit user's needs and provide the users with current information. Archives of past content will generally not be available.
1.3 Unless otherwise noted, a subscription lasts for one year, starting from the date user credentials are sent.
We may modify any of the terms and conditions contained in this Agreement at any time at our sole discretion. A change notice will be posted at http://www.environmentalriskmanager.com, under the usage agreement section. If any modification is unacceptable to you, you agree that your only recourse is to terminate this Agreement and end your Subscription. Your continued use of the Service following our posting of a change notice or new agreement on the Environmentalriskmanager.com site will constitute your binding acceptance of the change.
3. YOUR REGISTRATION OBLIGATIONS
You agree to provide true, accurate, current and complete information about yourself as prompted by the service registration process (such information being the "Registration Data"). Once you subscribe to Environmentalriskmanager.com, you shall receive a password and an account or software that will enable you to access our site. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.
5. TECHNOLOGICAL AND USE LIMITATIONS
5.1 Environmentalriskmanager.com will make reasonable efforts to keep the Environmentalriskmanager.com Site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Environmentalriskmanager.com also reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions of the Service with or without notice. You agree that Environmentalriskmanager.com shall not be liable to you or to any third party any of the direct or indirect consequences of any modification, suspension, discontinuance of or interruption to the Service.
5.2 Environmentalriskmanager.com has been developed to allow individual users to access data, content and resources relating to Environmental Risk Management. By subscribing, you acknowledge and agree that you have no right to provide any files or content obtained through the Subscription to any other party or through any other means. You may only make copies of any file obtained through the Subscription for your own personal use. Access Software you may obtain from us is protected by copyright and intellectual property right laws, and you may not de-compile, reverse engineer or otherwise seek to circumvent the software.
5.3 Because the Service is designed for personal use, you are not allowed to use any automated system for the selection or downloading of files. Environmentalriskmanager.com reserves the right to immediately and permanently terminate your access to the Service if Environmentalriskmanager.com believes that you are violating such limitation. Using automatic downloading software, including any such feature available in the Internet Browser used to view the site is grounds for Us to termination the user's Subscription, immediately and without further notice. Environmentalriskmanager.com monitors user access and will use access logs to pursue users who violate this clause. Subscription content is provided on a per user, per computer basis.
6. TERM, FEES AND PAYMENTS
6.1 By Subscribing, you will be entitled to access the web site. Upon expiration of your subscription, your access to the Service will automatically end.
6.2 You are responsible for paying any governmental taxes imposed on your use of the Service, including, but not limited to, sales, use or value-added taxes. You are solely responsible for arranging payment for any and all additional or premium charges for your use of any third party services via the Service.
7.1 You agree that Environmentalriskmanager.com, in its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if Environmentalriskmanager.com believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. Environmentalriskmanager.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Environmentalriskmanager.com may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Environmentalriskmanager.com shall not be liable to you or any third-party for any termination of your access to the Service.
7.2 You may terminate this Agreement and your subscription to the Service at any time, although all Subscription fees and additional consulting fees (if applicable) are fully earned.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Only you may access the Service using your ID, password, or access software unless otherwise agreed to in writing by Environmentalriskmanager.com. The content available through the Service is the property of Environmentalriskmanager.com or its licensors and is protected by copyright and other intellectual property laws. Content received through the Service may be used for your personal use only. You agree not to reproduce, retransmit, distribute, disseminate, sell, broadcast, make available to third parties or circulate the content received through the Service to anyone or to exploit any such content without the express prior written consent of Environmentalriskmanager.com. You agree to indemnify and hold harmless Environmentalriskmanager.com for your failure to comply with this Section 8.1.
8.2 You acknowledge that Environmentalriskmanager.com retains exclusive ownership of the website content and access software, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets or trademarks with respect to the Service or its contents, and Environmentalriskmanager.com reserves all rights not expressly granted hereunder. You shall promptly notify Environmentalriskmanager.com in writing upon your discovery of any unauthorized use or infringement of the Service (or its contents) or Environmentalriskmanager.com's patent, copyright, trade secret, trademarks or other intellectual property rights. The Service contains proprietary and confidential information that is protected by copyright laws and international treaty provisions.
9. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND SOFTWARE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY REPRESENTATIONS OR WARRANTIES REGARDING THE SERVICE, THE Environmentalriskmanager.com SITE, ACCESS SOFTWARE AND THE PRODUCTS AND SERVICES OFFERED THROUGH THE Environmentalriskmanager.com SITE OR ANY PORTION THEREOF, EXPRESS, IMPLIED OR STATUTORY, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
10. LIMITATION OF LIABILITY YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.
This Agreement is governed by the laws of the State of Texas, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in San Antonio, Texas, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Subscription is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section 11. You shall not use the Service in any manner contrary to local, state or federal law. Environmentalriskmanager.com expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) by you and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law(s) 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. This Agreement constitutes the entire agreement between you and us with respect to the Subscription and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the you and us with respect to the Service. 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.
Note: You must accept the Terms & Conditions to use a Subscription.