Terms and Conditions
Changes and Notice.
You may not and covenant not to disclose, share or distribute access credentials (login information) to allow anyone other than You (or in the case of a business use permitted in a Service Order, a business) to login and use the Service as You. You covenant to maintain such login credentials confidential and secure from unauthorized access or use.
Copyrights and Limited License.
All words, pictures, content, graphs, charts, data and other matters presented or made available on the Service sourced from Us are Our proprietary property and copyrighted “Copyright 2012-2017 BioHiTech America, LLC.” (the “Information”). We grant You a limited, royalty free, non-exclusive, revocable license to make use of the Information for Your own personal purposes only. For the avoidance of doubt You are specifically not authorized to access, and not authorized to use, any Information on the Service, for any business purpose other than to present information about Your own business to Your other employees/members. All other rights are expressly reserved. For the avoidance of doubt, and including by way of example and not limitation, except to the extent necessary to make use of the Service, You are not authorized to use, and You specifically covenant that that You will not use, the Information on the Service to: (i) provide access to the Information to any third person, or to otherwise distribute, make available, transmit or otherwise disseminate the Information to anyone else or to allow someone else to use the Information on the Service; (ii) download any Information on this Service (except for Your personal, or as applicable business, use); (iii) sell the Information downloaded (or copied in another form) for money, exchange or other consideration; (iv) redistribute the Information for free to anyone; (v) make any more than one print copy of the Information for Your personal (or if applicable business) use; (vi) republish the Information; (vii) make any alterations, additions or other modifications to the Information; or (viii) use the Information to compete, directly or indirectly, with Us.
Communications Decency Act Notice.
We hereby notify You that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist You in limiting access to material that is not suitable to minors. You can discover some of the providers of such parental control technology by searching for “parental control software” using a major search engine, or by visiting www.ftc.gov.
No License to Trademarks.
All of Our trademarks, service marks, tradenames or other identifying marks displayed on the Service (the “Marks”) are owned by Us and/or Our licensors. The Service may also contain trademarks of third parties; such marks are owned by third parties and unless expressly stated, We are not affiliated with or associated with the owners of such third party marks, and such marks are used on the site solely to identify the goods and services of such owners and not to represent any affiliation with such trademark owners. Except as applicable law may otherwise provide, or except as agreed to in writing by Us, We do not consent to any use of Our Marks by any person and do not grant You any right to use the Marks displayed on this Service.
Misuse of the Service.
We do not validate, error check or otherwise confirm the truth or accuracy of Information posted on the Service; nor do We review or warrant the quality or accuracy of Information that You may acquire from the Service. You agree not to sue or make any claim of any kind against Us regarding Information posted or available on the Service. When We become aware of any incorrect Information, harmful activities or if We receive any claim from a third party, in Our sole and unfettered discretion We may take steps to stop the activity, such as removing the offending materials, denying the offender access to the Service, removing or deleting the Your account (and preserving the related data in case of any claim by a third party) or any other action We deem appropriate. We may be required to remove or block access to content or postings upon receipt of a proper notice of copyright infringement, and We may do so by disabling an entire page or record, instead of disabling solely the allegedly infringing content. The sole and exclusive remedy for any claim against Us shall be for Us to repair, replace or remove erroneous or illegal Information.
Disclaimers as to Information; Limitations of Liability.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION FOR ANY PURPOSE. THE SERVICE AND ALL INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND AND ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE AND/OR THE INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE AND NON-INFRINGEMENT, ARE SPECIFICALLY DISCLAIMED. IN NO EVENT SHALL WE AND/OR OUR CONTRIBUTORS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE INFORMATION OR THE SERVICE. THERE IS NO WARRANTY THAT ANY INFORMATION, SERVICE, CONTENT, COMPUTER PROGRAM OR ANY EFFORTS PROVIDED BY US WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. YOUR SOLE REMEDY IN THE EVENT YOU HAVE ANY CLAIM AGAINST US IN RESPECT OF THE SERVICE OR THE INFORMATION IS FOR US TO REPAIR, REPLACE OR OTHERWISE CORRECT (OR REMOVE) THE INFORMATION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Linking; No Framing.
We permit reasonable, good faith and non-defamatory links to the Service so long as: (i) it is clear in the link reference that We have not endorsed the contents of the referring page, and that any statements made have not been reviewed or approved by Us; and (ii) no use is made of Our Marks (though the wordmarks may be used if proper credit is provided on the page). Unless We have specifically agreed to do so in writing pursuant to a written agreement signed by Us, We do not consent to “framing” or displaying any of Our Information in connection with, inside of, in relation to, or otherwise as part of, any other Service or other information provider. We reserve the right at any time to terminate this consent, and You agree that immediately upon receipt of such notice, You will terminate all links identified by Us to be terminated.
Direct Database Access prohibited.
You may not directly access Our database except (1) via the standard /browser/graphic user interface; or (2) via Our application program interface (API), after agreeing to Our API license agreement (and then, only when You access in compliance with the terms of said API license). You may not use (and We do not consent to) any robot, script, or other automated tool to access or use the Service, any Information, or any data or the database. You may not manually access or copy the database, Information or Service or any part of thereof, except solely and exclusively in accordance with Your license granted above. The above shall not prohibit any act permitted by law, as by, for example, a bona fide search engine that is automatically indexing the Service for its search engine database (as long as the result of a query to such search engine returns a link back to the Service), and the search engine is not re-presenting the Information in a manner that is or would be competitive to the Service, or using the Information to present in a search query response to a user, links to competing websites.
We respect the intellectual property rights of others. When We receive proper notification of alleged copyright infringement, We promptly remove or disable access to the allegedly infringing material as described herein in accordance with the Digital Millennium Copyright Act, and We may terminate the accounts of persons engaging in such acts, or take other means, including IP blocking, to disable such access. If You believe that any material on the Service infringes upon any copyright which you own or control, You may send a written notification of such infringement to Our Designated Agent at email@example.com and to BioHiTech America, .
Unless a Service Order provides otherwise We may terminate Your access to the Service for any reason, or no reason, at any time in Our sole discretion, with or without notice.
Reservation of rights.
Governing Law; Choice of Forum.
Except for solely equitable claims which may be pursued immediately and directly in court, all claims by a party for breach of this Agreement that are not resolved by mutual written agreement shall be settled by binding arbitration before a single arbitrator under the rules of the American Arbitration Association. The location of such arbitration shall be in the State that Our principal offices are located at the time the dispute arises, or at a location determined by the arbitrator(s). The parties shall mutually agree on an arbitrator or if they cannot, the arbitrator shall be appointed under the rules of the American Arbitration Association. Arbitration may be commenced by either party by giving written notice to the other party that the dispute has been referred to arbitration under this Section. Any award rendered by the arbitrator shall be conclusive and binding upon the parties, provided that any such award shall be accompanied by a written opinion giving the reasons for the award. This Section shall be specifically enforceable by the parties and the decision of the arbitrator may be filed under the Federal Arbitration Act or any equivalent state arbitration act as an award of arbitration and shall be a judgment of record in such court; provided however, that either party may appeal the decision of the arbitrator as if such decision had been rendered by such court sitting without a jury, subject to all court rules and procedures for collection and stay of judgment. Each party shall pay its own expenses of arbitration and the expenses of the arbitrator shall be equally shared. In all cases each of the parties IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A DEMAND A TRIAL BY JURY of any claim arising out of or related to this Agreement or the performance or non performance of either party.
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