I. Definitions
For purposes of this Terms of Use Agreement ("Agreement"), "we" or
"our" shall refer to SenEarthCo, Inc. and SenEarthCo.com; "you",
"your" or "user" shall refer to any person, condominium, town home,
cooperative, common interest community association, management
company or non-profit association and members, owners, agents,
officers and employees of the foregoing (collectively
"Association") accessing or using this website. The "website" or
"site" shall mean all information displayed or available at or
through SenEarthCo.com. By accessing and/or using this site, you
hereby agree with and acknowledge your approval and acceptance of
each of the terms and conditions in this Agreement. This Agreement,
as may be modified, shall be binding on you, in effect and
controlling each time you access this site.
II. Safeguards
At SenEarthCo.com, we have put in place safeguards to secure the
information we collect online and prevent unauthorized access or
disclosure. With our commitment to data security, your online
experience is safe and secure. We use secure technology, privacy
protection controls and restrictions on access in order to
safeguard the information contained in this website. The
information provided in this website is intended for informational
purposes only and is subject to change without notice.
III. Use Limitations
a. We reserve the right to revoke your privileges to access the
website, the permission granted herein and the right to deny, in
our sole discretion, any user's access to this website or any
portion thereof without notice. Although we are not obligated to do
so, we also reserve the right to edit any posted notices for
content, clarity and length. b. We assume no responsibility for the
accuracy or completeness of the information contained in or
obtained from or through this website. It is primarily for the
purpose of informing you as to matters concerning your Association.
Although we attempt to insure that the information displayed on the
website is accurate, you agree that we cannot be held responsible
for any damages as a result of anything contained or displayed on
the website. We assume no responsibility for information posted by
members of any Association, or any other party, on the website or
for links to other websites; c. SenEarthCo™ makes every
effort to screen vendors and service providers prior to their
inclusion on our website; however, there are no warranties or
endorsements expressed or implied in any product, service or
company represented, mentioned or described herein. No such implied
or expressed warranties or endorsements are made due to the
existence of hyperlinks to such companies from our website; d. You
will not use the website or the material therein for any commercial
purpose and you will not charge any third party a fee for the use
or distribution of the website or any information contained
therein; notwithstanding, a non-profit Association may assess or
charge its members fees for use of this website as a part of the
Association's annual budget; e. As a condition of use of this
website, you warrant to SenEarthCo, Inc. that you will not use this
website for any purpose that is unlawful or prohibited by these
Terms of Use, and in conformance with other conditions, agreements
or notices with or from SenEarthCo; f. This website is for the
user's personal, non-profit and non-commercial use. You may not
modify, distribute, transmit, publish, license, create derivative
works from, or sell any information, software concepts, products or
services obtained from this website, other than to print, copy and
distribute information related to the managing of your Association
and individual units within your Association.
IV. Proper Online Conduct
Online conduct should be guided by common sense and basic
etiquette. You will be considered in violation of this Terms of Use
Agreement if you (or others using your account) do any of the
following. By way of example, and not as a limitation, you agree
that when using the website, you will not: a. Use the website in
connection with contests, pyramid schemes, chain letters, junk
email, spamming or any duplicative or unsolicited messages
(commercial or otherwise); b. Post, distribute, or otherwise make
available or transmit any data, text, message, or computer file
that we deem to be: (a) defamatory, abusive, harassing, insulting,
threatening, or that could be deemed to be stalking; (b) bigoted,
hateful, homophobic, or racially offensive; (c) vulgar, obscene, or
sexually explicit (language or images); or that (d) encourages or
advocates illegal activity or the discussion of illegal activities
with the intent to commit them; or (e) in a reasonable person's
view, objectionable. c. Engage in antisocial, disruptive, or
destructive acts, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood
and used on the Internet; delete any legal notices, disclaimers, or
proprietary notices such as copyright or trademark symbols, or
modify any logos that you do not own or have express permission to
modify; d. Use any material or information, including images or
photographs, which are made available through the website in any
manner that infringes any copyright, trademark, patent, trade
secret, or other proprietary right of any party; e. Knowingly
upload files that contain viruses, Trojan horses, worms, time
bombs, cancelbots, corrupted files, or any other similar software
or programs that may damage the operation of another's computer or
property of another; f. Download any file posted by another user of
the website that you know, or reasonably should know, cannot be
legally reproduced, displayed, performed, and/or distributed in
such manner; g. Falsify or delete any copyright management
information, such as author attributions, legal or other proper
notices, proprietary designations or labels of the origin or source
of software, or other material contained in a file that is
uploaded; h. Harvest or otherwise collect information about others,
including e-mail addresses, for any business or commercial purpose,
including but not limited to the sale of such addresses; i. Use,
download or otherwise copy, or provide (whether or not for a fee)
to a person or entity any directory of users of the website or
other user or usage information or any portion thereof, unless
directly related to the operations of a non-profit Association; j.
Create a false identity for the purpose of misleading others;
restrict or inhibit any other user from using and enjoying the
website; or k. Upload, or otherwise make available, files or
documents that contain images, photographs, software or other
material protected by intellectual property laws, including, by way
of example, and not as limitation, copyright or trademark laws (or
by rights of privacy or publicity) unless you own or control the
rights thereto or have received all necessary consent to do the
same. You hereby release SenEarthCo, Inc. from any obligation to
monitor the content which its users post on the website. However,
we reserve the right to review materials posted to the website and
to remove any materials, in our sole discretion. SenEarthCo, Inc.
reserves the right to terminate your access to any of the website
at any time, without notice, for any reason whatsoever. We reserve
the right to disclose any information as we deem necessary to
satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any
information, in whole or in part, in our sole discretion. We may
distribute any information on this site, to those parties assisting
in the management or operations of an Association or in accordance
with the instructions of the Association's management company or
board of directors. Always use caution when giving out any
personally identifiable information about yourself or your children
in any website. SenEarthCo, Inc. does not control or endorse the
content, messages or information found in the website and,
therefore, we specifically disclaim any liability with regard to
the website and any actions resulting from your participation on
the website. Association boards of directors are not authorized
SenEarthCo, Inc. spokespersons, and their views do not necessarily
reflect those of SenEarthCo, Inc. Materials uploaded to the website
may be subject to posted limitations on usage, reproduction and/or
dissemination; you must adhere to such limitations if you download
the materials.
V. Copyright and Trademark Notices
All contents of this website are: Copyright© 2024 SenEarthCo,
Inc. and/or their suppliers. All rights reserved. The marks
SenEarthCo™, the SenEarthCo™ logo, SenEarthCo.com, the
SenEarthCo.com logo, and the SenEarthCo™ online logos and
other marks contained in the website are registered marks,
trademarks or service marks owned by SenEarthCo, Inc. All other
brand and product names mentioned herein are marks owned by their
respective owners. This website is published and belongs to
SenEarthCo, Inc. and the copyright therein belongs to SenEarthCo,
Inc., unless otherwise noticed. You shall have no rights to the
contents of the site or the proprietary software and related
documentation, or any enhancements or modifications thereto. You
acknowledge that any information you submit or post to the website
may be edited, removed, modified, published, transmitted, and
displayed by us. You waive any moral, equitable and legal rights
you may have in the material; we can alter or change it in a manner
not agreeable to you. By submitting information to the website, you
grant us, the royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, copy, modify, display and reproduce all
such materials in any form, media, software or technology of any
kind now existing or developed in the future. You also agree to
indemnify, defend and hold us harmless for any liability arising
due to such actions.
VI. Liability Disclaimer
THE INFORMATION CONTAINED IN THE WEBSITE, THE SOFTWARE OPERATING
THE WEBSITE, ANY PRODUCTS AND SERVICES PUBLISHED ON THIS WEBSITE
MAY INCLUDE INACCURACIES OR ERRORS. YOU AGREE TO NOTIFY SENEARTHCO,
INC. OF ANY SUCH ERRORS BUT RELEASE SENEARTHCO, INC. FROM ANY
LIABILITY ASSOCIATED WITH OR STEMMING FROM SUCH ERRORS. SENEARTHCO,
INC. MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THIS WEBSITE AT ANY
TIME, WITHOUT NOTICE. IF YOU ACCESS THIS WEBSITE AND ALLOW ANOTHER
PERSON TO VIEW THE CONTENT OF THE WEBSITE, YOU AGREE TO HOLD US
HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS, COSTS AND ATTORNEY'S
FEES WHICH WE MAY INCUR AS A RESULT OF ANY CLAIM, CAUSE OF ACTION,
PETITION OR OTHER ACTION BROUGHT AGAINST US BY THE PARTY WHO VIEWED
THE WEBSITE THROUGH YOUR ACCESS; IF YOU ARE AN ASSOCIATION, THIS
INDEMNIFICATION INCLUDES CLAIMS BY YOUR MEMBERS. THE MATERIALS ON
THE WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE,
PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT
MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. BY USE OF THIS SITE, YOU HEREBY AGREE TO WAIVE ANY
DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS
WEBSITE OR WITH THE DELAY OR INABILITY TO USE THIS WEBSITE, FAILURE
OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELAY, COMPUTER
VIRUS OR LINE OR SYSTEM FAILURE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE
ARISING OUT OF YOUR USE OF THIS WEBSITE, INCLUDING CLAIMS WHICH YOU
ALLEGE ARISE FROM YOUR USE OF A HYPERLINK, SERVICE PROVIDER, OR
PREFERRED PROVIDER DISCOVERED THROUGH THE WEBSITE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. WE DO NOT WARRANT,
PROMISE OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Without limiting
the foregoing, under no circumstances shall SenEarthco be held
liable for any delay or failure in performance resulting directly
or indirectly from acts of nature, forces, or causes beyond its
reasonable control, including, without limitation, Internet
failures, computer equipment failures, telecommunication equipment
failures, other equipment failures, electrical power failures,
strikes, labor disputes, riots, insurrections, civil disturbances,
shortages of labor or materials, fires, floods, storms, explosions,
acts of God, war, governmental actions, orders of domestic or
foreign courts or tribunals, non-performance of third parties, or
loss of or fluctuations in heat, light, or air conditioning. YOU
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR
CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. We
explicitly disclaim any responsibility for the accuracy, content,
or availability of information found on the site or on sites that
link to or from the website. We cannot ensure that you will be
satisfied with any products or services that you purchase from a
third-party site or from Preferred Providers displayed on the
website or from links from the website to other sites.
Notwithstanding anything on the site, we do not endorse any of the
merchandise or services, nor have we taken any steps to confirm the
accuracy or reliability of, any of the information or services
offered by Preferred Providers or contained in such third-party
sites or content. We do not make any representations, promises or
warranties as to the security of any information (including,
without limitation, credit card and other personal information) you
might be requested to give any third party, and you hereby
irrevocably waive any claim against us with respect to such sites,
providers and third-party content. We strongly encourage you to
make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any
of these third parties. You agree that prior to seeking damages
from us for any reason, you will give us written notice of your
claim, within three months of the date you knew, or should have
known, of the facts upon which your claim is based ("Discovery
Date"); this is a condition precedent to bringing any claim or suit
against us, and failure to comply herewith shall be deemed fatal to
your claim. Any claim or suit must also be initiated within one
year of the Discovery Date or it is forever waived and forfeited.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. IF YOU DO NOT ACCEPT
THESE TERMS, YOU MUST NOT PROCEED TO USE THIS SITE. YOUR USE
CONSTITUTES ACCEPTANCE AND APPROVAL OF THE TERMS IN EACH PARAGRAPH
HEREIN.
VII. Associations
If you are a member of an Association, in addition to all other
provisions of this Terms of Use Agreement, your use of this website
is expressly dependent upon your acknowledgment and consent with
the terms of this paragraph. As website hosts and providers,
SenEarthCo.com may receive various types of compensation from the
companies and sites which are displayed or promoted on their
websites, management companies which use the site, sites which
offer hyperlinks to their websites or the websites of other parties
or from companies or sites which may be promoted as preferred
providers. Your use of SenEarthCo.com is done with your implicit
acknowledgement and your express consent that these companies may
receive such compensation. Each Association, on behalf of itself
and its individual members, hereby agrees to hold SenEarthCo.com
and SenEarthCo, Inc. harmless and indemnify them from any claims,
complaints, demands, liabilities or causes of action (collectively
"claims") which arise by use or through the use of the website
SenEarthco.com., including but not limited to claims brought
against SenEarthco, Inc. or SenEarthco.com by members of such
Association. Such indemnification shall include attorneys' fees and
other costs incurred in responding to such claims regardless of the
type of forum in which it is brought and whether it may be brought
for damages or otherwise. You further agree that the manner of
operating which is described herein shall not be deemed as contrary
to the best interests of your Association, is not a conflict of
interest or fraudulent business practice and is deemed to be fully
disclosed, acknowledged and approved by you even though the various
forms of compensation are not set forth separately. Your use of the
website shall confirm your approval of these terms to the same
extent as if you had printed and signed this Agreement.
VIII. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE,
SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR
CONSE-QUENTIAL DAMAGES THAT RESULT FROM THE USE, OR THE INABILITY
TO USE, THIS SITE, INFORMATION OR DOCUMENTS ON THE SITE, EVEN AFTER
BEING ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW
MAY NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY, INCIDENTAL OR
CONSEQUENTIAL DAMAGES; THIS LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT,
NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT WHICH YOU PAID FOR
ACCESS TO OUR SITE, IN ANY GIVEN MONTH, OR $100.00, WHICHEVER IS
LESS.
SENEARTHCO.COM ADDITIONAL USERS
TERMS OF USE AGREEMENT
IX. Links to Third Parties' Websites
The website may contain hyperlinks to websites operated by third
parties other than SenEarthCo, Inc., including sites of preferred
providers. Such hyperlinks are provided for user's references only.
SenEarthCo, Inc. does not investigate or control such websites and
assumes no responsibility for their contents, or any problems you
may experience by use of the link or from the services or products
offered by such providers. You hereby release us from any liability
stemming from claims of damages which you may suffer from any such
hyperlink, or other websites reached by use of such hyperlink. Our
inclusion of such hyperlinks to other websites does not imply any
endorsement of the materials or contents on such websites or any
Association with their operators. Links to non-SenEarthCo, Inc.
sites are provided for convenience only and are accessed at your
own risk. Any opinions or recommendations expressed therein are
solely those of the third party information providers and are not
the opinions or recommendations of SenEarthCo, Inc. No endorsement
of third party products, services, preferred providers, or
information is expressed or implied by any information, material or
content referred to or included on, or linked from or to this
website.
X. Use of Email or Other Communications Forums
To the extent that this website contains email, posted
communications or other communication facilities ("forums"), you
agree to use such forums only to send, receive and post messages or
information and materials that are in conformance with Section IV
above, titled Proper On-Line Conduct and related to the non-profit
Association, in which you are a member. User agrees to send,
receive and post electronic messages and otherwise use this website
only as permitted by this Agreement, any additional policies or
procedures published in this website from time to time by
SenEarthCo, Inc. and applicable law. You acknowledge that emails
and any other such communications forums hosted by this website are
public and not private communications.
By agreeing to these terms
you waive your right to receive NOTICE per the associations governing
documents via the US Postal service and instead agree that notice will
be served to you upon receiving electronic mail (email).
XI. Modification of the Terms and Conditions
SenEarthCo, Inc. reserves the right to change this Agreement at
any time by revising the terms and conditions herein. User is
responsible for reviewing these terms and conditions each time user
accesses the website. Use of this website following any such
changes shall constitute the user's acceptance of such changes;
however, any prior acceptance of this Terms of Use Agreement shall
remain effective even if the website content has changed.
XII. Miscellaneous
This Agreement shall be deemed to include all other notices,
policies, disclaimers, and other terms contained in this website
and in any other contract which you or your Association may be a
party to with us; provided however, that in the event of a conflict
between such other terms and the terms of this Agreement, the terms
of this Agreement shall control. This Agreement shall be deemed to
have been made in the State of Minnesota, U.S.A. and shall be
interpreted, and the rights and liabilities of the parties hereto
determined in accordance with the laws of the State of Minnesota,
U.S.A., without regard to conflicts of law principals. You consent
to the exclusive jurisdiction of the state and federal courts for
the County of Hennepin, State of Minnesota, U.S.A. for the
determination of any claim or controversy between the parties and
arising out of or relating to this Agreement, or use of this site.
You hereby consent to the jurisdiction of the Minnesota courts and
waive any objections as to personal jurisdiction or as to the
laying of venue in such courts due to inconvenient forum or any
other basis. You acknowledge and agree that no joint venture,
partnership, employment, or agency relationship exists between you
and SenEarthCo, Inc. as a result of this Agreement or use of this
website. You agree not to hold yourself out as a representative,
agent, or employee of SenEarthCo, Inc. and SenEarthCo, Inc. shall
not be liable for any of your representations, acts or omissions.
Titles or headings herein are for convenience only and shall not be
used in the interpretation of this Agreement. This Terms of Use
Agreement may not be modified or amended unless by a signed written
agreement of SenEarthco. Our performance of this Agreement is
subject to existing laws and legal process, and nothing contained
in this Agreement is in derogation of our right to comply with law
enforcement requests or requirements relating to your use of this
website or information provided to or gathered by SenEarthCo, Inc.
with respect to such use. If any part of this Agreement is
determined to be invalid or unenforceable pursuant to applicable
law including, but not limited to, the warranty disclaimers and
liability limitations set forth above, 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 the user and SenEarthCo, Inc. with respect to this website
and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the user
and SenEarthCo, Inc. with respect to this website. A printed
version of this agreement and of any notice given in electronic
form will 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. Any
rights not expressly granted herein are reserved.
XIII. Indemnity
In addition to other indemnifications stated above, as a condition
of use of this website, user agrees to indemnify SenEarthCo, Inc.,
its officers, directors, employees, agents and associates together
with its suppliers, and preferred providers from and against any
and all liabilities, expenses (including attorneys' fees) and
damages arising out of claims resulting from your use of this
website, including without limitation, any claims alleging facts
that if true would constitute a breach by you of this Agreement.
This indemnification is intended to be construed as broadly as
possible. This indemnification shall further include any claims
made by third parties against us as a result of the user
communicating information found on the website to the third
party.
XIV. Signature
By clicking on "I agree", I represent, warrant and agree that I
have read, understand, consent and agree with all of the Terms of
Use set forth above; my consent and agreement shall be effective
each time that I access the SenEarthCo™ website now and in
the future. I agree that my clicking on "I agree" shall have the
same effect as if I had signed my name by pen on a hard copy of
this Agreement and delivered it to SenEarthCo, Inc.