Terms of Use
AGREEMENT BETWEEN USER AND Dakota Environmental, Inc.
The Dakota Environmental, Inc. Web Site is comprised of various Web pages
operated by Dakota Environmental, Inc..
The Dakota Environmental, Inc. Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices contained
herein. Your use of the Dakota Environmental, Inc. Web Site constitutes your
agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Dakota Environmental, Inc. reserves the right to change the terms, conditions,
and notices under which the Dakota Environmental, Inc. Web Site is offered,
including but not limited to the charges associated with the use of the Dakota
Environmental, Inc. Web Site.
LINKS TO THIRD PARTY SITES
The Dakota Environmental, Inc. Web Site may contain links to other Web Sites
("Linked Sites"). The Linked Sites are not under the control of Dakota
Environmental, Inc. and Dakota Environmental, Inc. is not responsible for the
contents of any Linked Site, including without limitation any link contained in
a Linked Site, or any changes or updates to a Linked Site. Dakota Environmental,
Inc. is not responsible for webcasting or any other form of transmission
received from any Linked Site. Dakota Environmental, Inc. is providing these
links to you only as a convenience, and the inclusion of any link does not imply
endorsement by Dakota Environmental, Inc. of the site or any association with
its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Dakota Environmental, Inc. Web Site, you
warrant to Dakota Environmental, Inc. that you will not use the Dakota
Environmental, Inc. Web Site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices. You may not use the Dakota Environmental,
Inc. Web Site in any manner which could damage, disable, overburden, or impair
the Dakota Environmental, Inc. Web Site or interfere with any other party's use
and enjoyment of the Dakota Environmental, Inc. Web Site. You may not obtain or
attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Dakota Environmental,
Inc. Web Sites.
USE OF COMMUNICATION SERVICES
The Dakota Environmental, Inc. Web Site may contain bulletin board services,
chat areas, news groups, forums, communities, personal web pages, calendars,
and/or other message or communication facilities designed to enable you to
communicate with the public at large or with a group (collectively,
"Communication Services"), you agree to use the Communication Services only to
post, send and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a limitation,
you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material or
information.
- Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication
Services.
- Violate any code of conduct or other guidelines which may be applicable for any
particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.
- Violate any applicable laws or regulations.
Dakota Environmental, Inc. has no obligation to monitor the Communication
Services. However, Dakota Environmental, Inc. reserves the right to review
materials posted to a Communication Service and to remove any materials in its
sole discretion. Dakota Environmental, Inc. reserves the right to terminate your
access to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Dakota Environmental, Inc. 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 Dakota Environmental, Inc.'s
sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. Dakota Environmental,
Inc. does not control or endorse the content, messages or information found in
any Communication Service and, therefore, Dakota Environmental, Inc.
specifically disclaims any liability with regard to the Communication Services
and any actions resulting from your participation in any Communication Service.
Managers and hosts are not authorized Dakota Environmental, Inc. spokespersons,
and their views do not necessarily reflect those of Dakota Environmental, Inc..
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible for
adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Dakota Environmental, Inc. OR POSTED
AT ANY Dakota Environmental, Inc. WEB SITE
Dakota Environmental, Inc. does not claim ownership of the materials you provide
to Dakota Environmental, Inc. (including feedback and suggestions) or post,
upload, input or submit to any Dakota Environmental, Inc. Web Site or its
associated services (collectively "Submissions"). However, by posting,
uploading, inputting, providing or submitting your Submission you are granting
Dakota Environmental, Inc., its affiliated companies and necessary sublicensees
permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy,
distribute, transmit, publicly display, publicly perform, reproduce, edit,
translate and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. Dakota Environmental, Inc. is under no obligation to post or
use any Submission you may provide and may remove any Submission at any time in
Dakota Environmental, Inc.'s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE Dakota Environmental, Inc. WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.
Dakota Environmental, Inc. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR
CHANGES IN THE Dakota Environmental, Inc. WEB SITE AT ANY TIME. ADVICE RECEIVED
VIA THE Dakota Environmental, Inc. WEB SITE SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Dakota Environmental, Inc. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Dakota Environmental, Inc. WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY
KIND. Dakota Environmental, Inc. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dakota
Environmental, Inc. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Dakota
Environmental, Inc. WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Dakota
Environmental, Inc. WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO
PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE Dakota Environmental, Inc. WEB SITE, OR
OTHERWISE ARISING OUT OF THE USE OF THE Dakota Environmental, Inc. WEB SITE,
WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN
IF Dakota Environmental, Inc. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE Dakota Environmental, Inc. WEB SITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Dakota
Environmental, Inc. WEB SITE.
SERVICE CONTACT : info@dakotaenv.com
TERMINATION/ACCESS RESTRICTION
Dakota Environmental, Inc. reserves the right, in its sole discretion, to
terminate your access to the Dakota Environmental, Inc. Web Site and the related
services or any portion thereof at any time, without notice. GENERAL To the
maximum extent permitted by law, this agreement is governed by the laws of the
State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction
and venue of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the Dakota Environmental, Inc. Web Site. Use of
the Dakota Environmental, Inc. Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions, including
without limitation this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Dakota Environmental,
Inc. as a result of this agreement or use of the Dakota Environmental, Inc. Web
Site. Dakota Environmental, Inc.'s performance of this agreement is subject to
existing laws and legal process, and nothing contained in this agreement is in
derogation of Dakota Environmental, Inc.'s right to comply with governmental,
court and law enforcement requests or requirements relating to your use of the
Dakota Environmental, Inc. Web Site or information provided to or gathered by
Dakota Environmental, 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. Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Dakota Environmental, Inc.
with respect to the Dakota Environmental, Inc. Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Dakota Environmental, Inc. with respect to the
Dakota Environmental, Inc. Web Site. A printed version of this agreement and of
any notice given in electronic form shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement to the same
extent an d 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 drawn up in
English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Dakota Environmental, Inc. Web Site are: Copyright 2007 by
Dakota Environmental, Inc. and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be sent
to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright Infringement.