- Electronic Communications
- User Account, Security, Passwords and Means of Accessing the EES Site
- Intellectual Property
All Content including but not limited to text, databases, graphics, logos images, as well as the compilation thereof, and any software used on the Site, is the property of PROCOR and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and not make any changes thereto.
- Your Content
You agree that you will only upload, share, post, publish, transmit, or otherwise make available (“Share”) on or through the Site Content that you have the right and authority to Share and for which you have the right and authority to grant to PROCOR all of the licenses and rights set forth herein. By Sharing Content, you grant PROCOR a worldwide, perpetual, no-charge, royalty-free, irrevocable, non-exclusive, fully sublicensable license to use, reproduce, modify, adapt, translate, publish, publicly perform, publicly display, broadcast, transmit and distribute the Content for any purpose and in any form, medium, or technology now known or later developed. This includes, without limitation of any kind, the right to incorporate or implement the Content into any PROCOR product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any product or service distributed or offered by PROCOR without compensation to you.
You covenant, represent, warrant and agree that (a) you have the right and authority to grant this license; (b) each Shared Content contribution that you submit is an original work of authorship and you can legally grant the rights set out in this Agreement; (c) PROCOR’s exercise of the rights granted pursuant to this license will not infringe or otherwise violate any third party copyrights, trademarks, patents, or other intellectual property rights; (d) all so-called moral rights in the Content have been waived to the full extent allowed by law; and (e) You agree to notify us immediately if you become aware of any circumstance which would make any of the foregoing representations inaccurate in any respect.
No compensation will be paid with respect to the use of your Shared Content, as provided herein. The EES Site is under no obligation to post or use any Shared Content you may provide and may remove any Shared Content at any time in PROCOR’s sole discretion.
You are not expected to provide support for your Shared Content, except to the extent You desire to provide support. You provide Shared Content on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE.
- No Unlawful or Prohibited Use
PROCOR has no obligation to monitor the EES Site or review Content that is shared on or through the Site. PROCOR reserves the right to review the EES Site, review Content, monitor all use of and activity on the Site and to remove or otherwise choose not to make available on or through the EES Site any Content in PROCOR’s sole discretion. PROCOR may remove Content that is confidential or proprietary to a third party without that third party’s permission.
PROCOR reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request or to edit refuse to post or to remove any information or materials, in whole or in part, in PROCOR’s sole discretion.
PROCOR does not control or endorse the Content, messages or information found in any Communication Service and therefore, PROCOR specifically disclaims any liability with regard to the Communication Service and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PROCOR spokespersons and their views do not necessarily reflect those of PROCOR.
- Termination / Access Restriction
Without notice, PROCOR may, in its sole discretion, at any time for any reason whatsoever discontinue providing or limit access to the Site, any areas of the Site or Content provided on or through the Site. You agree that PROCOR shall not be liable to you or any third-party for any termination or limitation of your access to, or use of, the Site or any Content, including Content that you may have Shared.
- Third Party Web Sites, Products, Content and Services
The EES Site provides links to third party websites, products, Content and services of third parties, including users, advertisers and sponsors of the EES Site. Third party websites, products, Content and services are not under any control of PROCOR. Therefore, PROCOR is not responsible for third party Content provided on or through the EES Site, or for any changes, or updates to such third party sites. You bear all risks associated with the access to, and use of, such Web sites and third party products, Content and services. The EES Site is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by PROCOR of any kind or any nature whatsoever.
You agree to indemnify, defend and hold harmless PROCOR, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, relating to or arising out of your use, or your inability to use the Site or services, or your user postings, or your violation of any terms of this Agreement, or your violation or infringement of any third party rights, including intellectual property rights., or your violation of any applicable laws. rules or regulations. PROCOR reserves the right. at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully and unconditionally cooperate with PROCOR in asserting any available defenses.
- Liability Disclaimer
EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE, THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROCOR EXPRESSLY DISCLAIMS ALL WARRANTIES 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 WITH RESPECT TO THE SITE AND ALL CONTENT PROVIDED ON OR THROUGH THE SITE. PROCOR MAKES NO WARRANTY THAT: (A) THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY CONTENT PROVIDED ON OR THROUGH THE SITE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT PURCHASED OR OBTAINED BY YOU ON OR THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.
ANY CONTENT ACCESSED, DOWNLOADED OR OTHERWISE OBTAINED ON OR THROUGH THE USE OF THE SITE IS USED AT YOUR OWN DISCRETION AND RISK. PROCOR SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE OF ANY KIND OR NATURE THAT RESULTS FROM THE USE OF CONTENT.
THE INFORMATION, IDEAS, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. PROCOR RESERVES THE RIGHT TO MAKE CHANGES OR UPDATES TO, AND MONITOR THE USE OF, THE SITE AND CONTENT PROVIDED ON OR THROUGH THE SITE AT ANY TIME WITHOUT NOTICE.
- Limitation of Liability
- Exclusions and Limitations
- Class Action Waiver
- Persons Not of Age of Majority
Persons who are not of the age of majority are not eligible to use the EES Site. Furthermore, we request that no information in relation to such persons be sent to us.
- International Users
The EES Site is owned and operated by PROCOR Technologies, Inc. from our offices in the United States of America. If you access the Service from a location outside the United States of America, you are solely responsible for complete compliance with all regional, state, provincial, and local laws.
- Applicable Laws
- Export Restrictions/Legal Compliance
You may not access, download, copy, use or export the EES Site, or the Content provided on or through the Site, in violation of United States export laws or regulations, or in violation of any other applicable laws or regulations.
- Waiver and Severability
- Changes to Terms
- Entire Agreement
Unless otherwise specified herein, this agreement constitutes the entire Agreement between the User and PROCOR with respect to the EES Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written between the User and PROCOR with respect to the EES Site. A printed version of this Agreement and any other 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 to the parties that this Agreement and all related documents be written in the English language.
- Contact Information
Email Address: legal (at) ecoengineeringsystems (dot) org
Last Revised: May 24, 2020