Terms and Conditions of Use
Introduction
These Terms and Conditions of Use (the "Terms of Use") govern
your use of the web site located at www.cnsenvironmental.com and the materials
accessible on or from this site (collectively, the "Site").
The Site is the property of CNS Environmental, Inc. ("CNS").
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF
YOU DO NOT AGREE, DO NOT USE THE SITE.
CNS reserves the right, at its sole discretion, to
change, modify, add or remove portions of these Terms of Use, at any
time. It is your responsibility to check these Terms of Use periodically
for changes. Your continued use of the Site following the posting of
changes will mean that you accept and agree to the changes. As long as
you comply with these Terms of Use, CNS grants you a
personal, non-exclusive, non-transferable, limited privilege to enter
and use the Site.
Any computer program designed to access, read, compile or gather content
from the Site automatically, including but not limited to web spiders,
bots, indexers, robots, crawlers or harvesters (collectively,
"Non-Human Visitors") shall be considered agents of the
individual(s) who controls, authors or otherwise makes use of them.
These individuals shall ultimately be responsible for the behavior of
their Non-Human Visitor agents and are liable for violations of the
Terms of Use.
Content
All text, graphics, photographs, trademarks, logos, artwork,
electronic documents and computer code (collectively,
"Content"), including but not limited to the design,
structure, selection, coordination, expression, "look and
feel" and arrangement of such Content, contained on the Site is
owned, controlled or licensed by or to CNS, and is
protected by trade dress, copyright, patent and trademark laws, and
various other intellectual property rights and unfair competition
laws.
Except as expressly provided in these Terms of Use, no part of the
Site and no Content may be copied, reproduced, republished, uploaded,
posted, publicly displayed, encoded, translated, transmitted or
distributed in any way to any other computer, server, web site or
other medium for publication or distribution or for any commercial
enterprise, without the express prior written consent of
CNS.
Your Use of the Site
You may not attempt to gain unauthorized access to any portion or
feature of the Site, or any other systems or networks connected to the
Site or to any CNS server, or to any of the services
offered on or through the Site, by hacking, password
"mining" or any other illegitimate means. You may not probe,
scan or test the vulnerability of the Site or any network connected to
the Site, nor breach the security or authentication measures on the
Site or any network connected to the Site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Site, systems or networks owned by CNS, or any
systems or networks connected to the Site or to
CNS.You agree not to use any device, software or
routine to interfere or attempt to interfere with the proper working
of the Site or with any other person's use of the Site.
You may not forge headers or otherwise manipulate identifiers in order
to disguise your access to any portion or feature of the Site. You may
not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to
CNS on or through the Site or any service offered on or
through the Site. You may not pretend that you are, or that you
represent, someone else, or impersonate any other individual or entity.
You consent to having your Internet Protocol address, headers, and other
identifiers recorded.
You may not use the Site or any Content for any purpose that is
unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity which infringes
the rights of CNS or others.
Special Restrictions for Non-Human Visitors
Special restrictions apply to Non-Human Visitors. Non-Human Visitors are
restricted from taxing the resources of the Site beyond what would be
typical of a human visitor. Furthermore, as specified by the
"no-email-collection" flag in the header pages within the Site, email
addresses on this site are considered proprietary intellectual property
of CNS. It is recognized that these email addresses are
provided for human visitors alone, and have value in part because they
are accessible only to said human visitors. By continuing to access the
Site, you acknowledge and agree that each email address the Site
contains has a value not less than US $50 derived from their relative
secrecy. You further agree that the compilation, storage, and potential
distribution of these addresses by Non-Human Visitors substantially
diminish the value of these addresses. Intentional collection,
harvesting, gathering, or storing email addresses by Non-Human Visitors
is recognized under this agreement as a violation of this agreement and
expressly prohibited.
Third Party Companies, Products and Services
Mention of independent third-party companies, products and services on
the Site is for informational purposes only and constitutes neither an
endorsement nor a recommendation. CNS assumes no
responsibility with regard to the selection, performance or use of
these companies, products or services. CNS provides
this only as a convenience to our visitors.
Links to Other Web Sites
The Site may contain links to other independent third-party web
sites ("Linked Sites"). These Linked Sites are provided
solely as a convenience to our visitors. Such Linked Sites are
not under the control of CNS, and CNS is not responsible for and does not endorse the content of such Linked
Sites, including any information or materials contained on such Linked
Sites. You will need to make your own independent judgment regarding
your interaction with these Linked Sites.
Copyright Policy
If you believe that your work has been copied and posted on the Site in a
way that constitutes copyright infringement, please provide our Copyright
Agent with the following information: 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; a description of where the material that you claim is infringing
is located on the Site; your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; 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. The CNS Copyright Agent for notice of claims of copyright infringement can be reached by
writing the following: CNS Environmental, Inc., 650 N. Rose Drive, Suite #616, Placentia, CA 92870 or at
copyright@cnsenvironmental.com
Warranties and Disclaimers
CNS intends for the information and data contained in
the Site to be accurate and reliable, however, since the information
and data have been compiled by CNS from a variety of
sources, it is provided "as is."
CNS EXPRESSLY DISCLAIMS ALL WARRANTIES
AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER
RELATING TO OR REFERENCED BY THIS WEB SITE, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR
SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON
INFRINGEMENT. IN NO EVENT SHALL CNS BE LIABLE FOR ANY
DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT,
CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION,
DAMAGES RESULTING FROM THE USE OF, OR RELIANCE ON, THE INFORMATION
PRESENTED, OR LOSS OF PROFITS OR REVENUES.
Governing Law and Jurisdiction
The internal laws of the State of California, without reference
to any choice of law provisions, shall govern any claims relating to
this Site or to the materials on it. Each party agrees that any suit,
action or proceeding brought by such party against the other in
connection with or arising from the Terms of Use shall be governed by
the law of the State of California as such laws are applied to
agreements between California residents entered into and
performed entirely within the State of California. You consent
to the jurisdiction of federal and state courts within the State of
California. You consent to the venue in any action brought
against you in connection with breaches of these Terms of Use. You
consent to electronic service of process regarding actions under the
above agreement.
Void Where Prohibited
CNS administers and operates the Site from its location
in the State of California. Although the Site may be accessible worldwide,
not all features, products or services discussed, referenced, provided or
offered through or on the Site are available to all persons or in all
geographic locations, or appropriate or available for use outside the
United States. CNS reserves the right to limit, in its
sole discretion, the provision and quantity of any feature, product or
service to any person or geographic area. Any offer for any feature,
product or service made on the Site is void where prohibited. If you choose
to access the Site from outside the United States, you do so on your own
initiative and you are solely responsible for complying with applicable
local laws.
Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other
tribunal of competent jurisdiction to be void or unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary
and replaced with a valid provision that best embodies the intent of these
Terms of Use, so that these Terms of Use shall remain in full force and
effect. These Terms of Use constitute the entire agreement between you and
CNS with regard to your use of the Site, and any and all
other written or oral agreements or understandings previously existing
between you and CNS with respect to such use are hereby
superseded and cancelled. CNS will not accept any
counter-offers to these Terms of Use, and all such offers are hereby
categorically rejected. A failure by CNS to insist on or
enforce strict performance of these Terms of Use shall not be construed as
a waiver by CNS of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between CNS and you or any other party be deemed to modify any provision of these Terms
of Use. These Terms of Use shall not be interpreted or construed to confer
any rights or remedies on any third parties.
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