Terms of Use - Green Star Environmental Consulting | Environmental Investigation | Environmental Remediation

Terms of Use

Welcome to the new Green Star Environmental Consulting website. This website is operated by Green Star Environmental and it, together with any other websites which may become operated by or under the name Green Star Environmental, Green Star Environmental Consulting, Green Star or any other name which may apply, whether now or in the future, are hereinafter collectively referred to as "Green Star" or “we.”  Publications, web applications, websites, blogs, RSS feeds, podcasting services, mobile services, and any other feature, content, or applications offered by us are hereinafter referred to as the "Site." We are based in the United States and the Site is hosted in the United States.

We furnish the Site for informational purposes as well as the personal enjoyment of our visitors. By visiting the Site (whether or not you are a registered member) or using the Site, you accept and agree to be bound by this Terms of Use Agreement, including any future modifications ("Agreement"), and to abide by all applicable laws, rules and regulations (the “Applicable Law”).

Please read through this Agreement carefully. We may modify this Agreement at any time, and from time to time, and each such modification will be effective upon posting on the Site. All material modifications will apply prospectively only. Your continued use of the Site following any such modification constitutes your acceptance and agreement to be bound by the Agreement as so modified.

It is, therefore, important to review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Laws, you must discontinue use of the Site immediately. You may receive a copy of this Agreement by emailing us at the general delivery email address found on our Contact page, referring to Terms of Use Agreement in the subject line. Your access to and use of portions of the Site may require you to accept additional terms and conditions in addition to this Agreement, and may require you to download Software or Content.

ELIGIBILITY FOR SITE REGISTRATION AND ACCOUNT SECURITY

Children under the age of 13 are not authorized to post messages, comments or participate in forums on the Site. All registration information you submit to create an account must be accurate and must be kept updated. You are responsible for maintaining the confidentiality of your password and are responsible for all use of your account. It is therefore critical that you do not share your password with anyone. You agree not to use the account, user name, email address or password of another member or subscriber at any time. You agree to notify us immediately if you suspect any unauthorized use of, or access to, your account or password.

TERMINATION

This Agreement remains in full force and effect while you use the Site. You may terminate your account/subscription on the Site at any time, for any reason, by emailing us at the general delivery email address found on our Contact page, referring to Termination of Service. We may terminate your account and/or access to the Site at any time, for any reason or no reason, with or without prior notice or explanation, and without liability. Furthermore, even after your user account or access to the Site is terminated, this Agreement will remain in effect. You agree that your account is non-transferable and any rights to your account terminates upon your death.

FEES

Although we do not now charge subscription or other fees for the use of the Site, except as may be expressly provided in any individual Site, you acknowledge that we reserve the right to charge subscription or any other fees for all or any portion of the Site. We will provide you with at least 30 days advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account or subscription in the event you do not wish to pay the modified fee. If you continue to use the Site after the subscription fee has been increased, you are expressly agreeing to the increased subscription fee and you will be responsible for paying such subscription fee for the balance of your subscription. If we suspend or terminate your account and/or access to the Site because you have breached this Agreement or violated Applicable Law, you will not be entitled to a refund of any unused portion of such fees or other payments.

PURCHASING SERVICES OR PRODUCTS

If you purchase any service, package or product you may be required to provide personal information, including credit card and billing information, to an independent third party company or companies selected by, but not affiliated with us. Where the processor is responsible for collecting, transmitting and/or processing your personal financial information and, in some instances, for fulfilling your order, all payment obligations shall be governed by the terms of use/service and privacy policies of the processor. If you make a purchase you are warranting that you are authorized to make the purchase using the form of payment that you provide to the processor. You must be 18 years of age or older to purchase products or services on the Site. We make no warranty, and accept no liability, for any loss or damages whatsoever, relating to or in connection with your placement of an order for product or services with the processor. We provide no refunds for purchases you make on the Site.

You are solely responsible for any and all transactions utilizing your personal financial information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your personal financial information, we will in no way be responsible or liable to you for any such breach. We will not store any record of personal financial information related to purchases or other transactions you make through the Site. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your personal financial information, you must contact the processor.

GREEN STAR CONTENT

The Site contain information, text, files, images, video, sounds, musical works, works of authorship, applications, and any other materials or content, which are hereinafter collectively referred to as the “Content.” Content is protected by copyright, trademark, patent, trade secret and other laws, and as between you and Green Star, Green Star owns and retains all rights in the Content and the Site. Green Star hereby grants you a limited, revocable, non-sublicensable license to access and display the Content (excluding any software code) solely for your personal, non-commercial use in connection with viewing the Site and using the Site. The Site may also contain Content of users and other Green Star licensors. Except as provided in this Agreement or as expressly allowed on a Site, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Site.

Except as expressly permitted by us, you are strictly prohibited from creating works or materials, including but not limited to fonts, icons, link buttons, wallpaper, desktop themes, online postcards, montages, mash-ups and similar videos, greeting cards and unlicensed merchandise that derive from or are based on Content. This prohibition applies regardless of whether the derivative works or materials are sold, bartered or given away.

You may not either directly or through the use of any device, software, Internet site, web based service or other means remove, bypass, avoid interfere with or circumvent any copyright, trademark, or other proprietary marks on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content. You may not build a business utilizing the Content, whether or not for profit. Furthermore, you may not create, recreate, distribute or advertise an index of any portion of the Content unless you receive prior written authorization from us. Requests for permission to reproduce or distribute materials found on the Site can be made by contacting us via email at general delivery email address found on our Contact page, referring to Content Request in the subject line.

YOUR USE OF THE SITE

The Site are offered for your personal use only and may not be used for commercial purposes unless you receive prior written authorization from us. We reserve the right to remove commercial content in our sole discretion. You understand that you are responsible for all Content that you post, upload, transmit, email or otherwise make available on, through or in connection with the Site, collectively referred to as “User Content.” Accordingly, please choose carefully the information that you post on, through or in connection with the Site. You understand that we do not control the User Content posted by users via the Site and, as such, you understand you may be exposed to offensive, indecent, inaccurate or otherwise objectionable Content.

We assume no responsibility or liability for this type of Content. If you become aware of misuse of the Site, please report this to us immediately by emailing us at the general delivery email address found on our Contact page, referring to Misuse of Site in the subject line. We assume no responsibility for monitoring the Site for inappropriate Content or conduct.

If at any time, we choose, in our sole discretion, to monitor the Site, we nonetheless assume no responsibility for Content other than Content we create, assume no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user.

YOU AGREE NOT TO USE THE SITE TO:

  • Post, upload or otherwise transmit or link to Content that is: unlawful; threatening; harmful; abusive; pornographic or includes nudity; offensive; harassing; excessively violent; tortuous; defamatory; invasive of the privacy of someone else, publicity, copyright, trademark, patent, trade secret, contract or other rights; false or misleading; obscene; vulgar; libelous; hateful; or discriminatory;
  • Violate the rights of others including patent, trademark, trademark, trade secret, copyright, privacy, publicity or other proprietary rights;
  • Harass or harm another person;
  • Exploit or endanger a minor;
  • Impersonate or attempt to impersonate any person or entity;
  • Introduce or engage in activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • Interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Site, including our servers, networks or accounts;
  • Cover, remove, disable, block or obscure advertisements or other portions of the Site;
  • Use technology or any automated system such as scripts or bots in order to collect user names, passwords, email addresses or other data from the Site, or to circumvent or modify any security technology or software that is part of the Site;
  • Send or cause to send (directly or indirectly) unsolicited bulk messages or other unsolicited bulk communications of any kind through the Site. If you do so, you acknowledge you will have caused substantial harm to us, but that the amount of harm would be extremely difficult to measure. As a reasonable estimation of such harm, you agree to pay us $50 for each actual or intended recipient of such communication;
  • Solicit, collect or request any personal information for commercial or unlawful purposes;
  • Post, upload or otherwise transmit an image or video of another person without that person’s consent;
  • Engage in commercial activity (including but not limited to sales, contests, or sweepstakes) without our prior written consent;
  • Use the Site to advertise or promote competing services;
  • Use the Site in a manner inconsistent with any and all Applicable Law;
  • Attempt, facilitate or encourage others to do any of the foregoing.

We reserve the right, but disclaim any obligation or responsibility, to remove User Content that violates this Agreement, as determined by us in our sole discretion. You acknowledge we reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this Agreement, including but not limited to, terminating their user account and/or reporting such User Content, conduct, or activity to law enforcement authorities.

You acknowledge, consent and agree that we may access, preserve or disclose information you provide to the Site, including User Content, when we have a good faith belief that such access, preservation or disclosure is necessary in order to: (i) protect or defend our legal rights or property, our parents, subsidiaries or affiliates (“Affiliated Companies”), or their employees, agents and contractors (including enforcement of our agreements); (ii) protect the safety and security of users of the Site or members of the public including acting in urgent circumstances; (iii) protect against fraud or for risk management purposes; or (iv) comply with the law or legal process.

MESSAGE BOARDS AND PUBLIC FORUMS

The Site offers users the ability to post public messages on message boards and forums (“Forums”), which may be open to the public generally, to all members of the Site, or to a select group of members to a specific Forum group. You acknowledge that messages posted on such Forums are public, and we cannot guarantee the security of any information you disclose through any Forum; you make such disclosures at your own risk. We are not responsible for the content or accuracy of any information posted on a Forum, and shall not be responsible for any decisions made based on such information. We reserve the right, but disclaim any obligation or responsibility, to prevent you from posting User Content to any Forum and to restrict or remove your User Content from a Forum for any reason at any time.

YOUR PROPRIETARY RIGHTS

We do not claim any ownership rights in the User Content that you post, upload, email transmit, or otherwise make available on, through or in connection with the Site; provided, however, that User Content shall not include any Content posted by a user that is already owned by us or any affiliate. By posting any User Content on, through or in connection with the Site, you hereby grant to us and our affiliates, licensees and authorized users, a perpetual, non-exclusive, fully-paid and royalty-free, sub-licensable, transferable license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce, and distribute such User Content on, through or in connection with the Site or in connection with any distribution or syndication thereof to Third Party Services, as defined below, on and through all media formats now known or hereafter devised, for any and all purposes including, but not limited to, promotional, marketing, trade or commercial purposes. Our use of such User Content shall not require any further notice to you and such use shall be without the requirement of any permission from or payment to you or to any other person or entity. We reserve the right to limit the storage capacity of User Content that you post on, through or in connection with the Site.

You represent and warrant that: (i) you own the User Content posted by you on, through or in connection with the Site, or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of User Content by you on, through or in connection with the Site and Third Party Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any User Content posted by you on or through the Site or Third Party Services.

COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY

We respect the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We have a policy of terminating repeat infringers access to the Site in appropriate circumstances. If you believe that any material residing on or linked to from the Site infringes your copyright, please send us a notification of claimed infringement by emailing us at the general delivery email address found on our Contact page, referring to Infringement in the subject line and include all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (such as the URL(s) of the claimed infringing material); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a 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; (e) a statement by you that the above information in your notification is accurate and a statement by you, made under penalty of perjury, that you are the owner of an exclusive right that is allegedly infringed or are authorized to act on the owner's behalf; and (f) your physical or electronic signature.

THIRD PARTY LINKS AND SERVICES

The Site may provide, or third parties may provide, links to other websites, applications, resources or other services created by third parties (“Third Party Services”). When you engage with a Third Party Service, you are interacting with the third party, not with us. If you choose to use a Third Party Service and share information with it, the Third Party Services may use and share your data in accordance with the Third Party Service’s privacy policy and your privacy settings on such Third Party Service. In addition, the third party providing the Third Party Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. We are not responsible for and make no warranties, express or implied, as to the Third Party Services or the providers of such Third Party Services (including, but not limited to, the accuracy or completeness of the information provided by such Third Party Service or the privacy practices thereof). Inclusion of any Third Party Service or a link thereto on the Site does not imply approval or endorsement of the Third Party Service.

We are not responsible for the content or practices of any websites other than the Site, even if the website links to the Site and even if it is operated by an affiliate or a company otherwise connected with the Site. By using the Site, you acknowledge and agree that we are not responsible or liable to you for any content or other materials hosted and served from any website other than the Site. When you access Third Party Services, you do so at your own risk. We encourage you not to provide any personally identifiable information to any Third Party Service unless you know and are comfortable with the party with whom you are interacting. If you are interested in creating hypertext links to the Site, you must contact us by emailing us at the general delivery email address found on our Contact page, referring to Link Request in the subject line before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or us, including our respective employees, agents, directors, officers or shareholders.

MEMBER DISPUTES

You are solely responsible for your interactions with other users of Site, providers of Third Party Services or any other parties with whom you interact on, through or in connection with the Site. We reserve the right, but have no obligation, to become involved in any way with these disputes.

PRIVACY

Use of the Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

DISCLAIMERS

Use of the Site is also governed by our Legal Disclaimer, which is incorporated into this Agreement by reference. Furthermore, the Site are provided "as is" and “as available” and we do not guarantee or promise any specific results from use of the Site. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. In particular, we make no warranty that your use of the Site will be uninterrupted, timely, secure or error-free or that any information obtained by you on, through or in connection with the Site or Third Party Services (including but not limited to, through User Content or third party advertisements) will be accurate or reliable. Under no circumstances will we be responsible for any loss or damage, including but not limited to, property damage, personal injury or death, resulting from use of the Site, problems or technical malfunction in connection with use of the Site, attendance at an event in which we are involved, any material downloaded or otherwise obtained in connection with the Site, any User Content, third party advertisement or Third Party Service posted on, through or in connection with the Site, or the conduct of any users of the Site, whether online or offline. Your use of User Content, third party advertisements, Third Party Services and the goods or services provided by any third parties is solely your responsibility and at your own risk. User Content, third party advertisements and Third Party Services do not necessarily reflect our opinions or policies.

LIMITATION ON LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SITE DURING THE TERM OF YOUR USE OF THE SITE.

US EXPORT CONTROLS

Software available in connection with the Site, hereinafter referred to as the "Software" is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported in violation of US export laws. Downloading or using the Software is at your sole risk.

DISPUTES

This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in Denton County, Texas to resolve any dispute arising out of this Agreement or the Site. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.

INDEMNITY

You agree to indemnify and hold us, our affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site or the Site, your breach of this Agreement, your violation of any rights of another or any Content that you post or otherwise submit on, through or in connection with the Site.

UNSOLICITED SUBMISSIONS

We do not knowingly accept, via the Site or otherwise, unsolicited submissions including, without limitation, submissions of books, programming ideas, blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. Our policy is to simply delete any such submission without reading it or forwarding it to other staff or staff of our affiliates. Therefore, any similarity between an unsolicited submission and any elements in any creative work by us including, without limitation, a program, film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to us via the Site (including but not limited to any public forum), however, such submissions and copyright become our property and may be used, copied, sub-licensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as we see fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against us or affiliate relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

EMPLOYMENT OPPORTUNITIES

We may, from time to time, post employment opportunities on the Site and/or invite users to submit resumes to it. If you choose to submit your name, contact information, resume and/or other personal information to us in response to employment listings, you are authorizing us to utilize this information for all lawful and legitimate hiring and employment purposes. We also reserve the right, in our sole discretion, to forward the information you submit to our affiliates for legitimate business purposes. Nothing in this Agreement or contained in the Site will constitute a promise by us to contact, interview, hire or employ any individual who submits information to us, nor will anything in this Agreement or contained in the Site constitute a promise that we will review any or all of the information submitted to us by users of the Site.

MISCELLANEOUS

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

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