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
IV. Proper Online Conduct
V. Copyright and Trademark Notices
All contents of this website are: Copyright© 2000 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.
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
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
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.