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This Website Terms of Use Agreement (these “Terms of Use” or this “Agreement”) is made by and between Sanitation Specialists, Inc., a Nevada corporation (“Sanitation Specialists”), and you the user (“you”, “your”, or “User”).
This Agreement specifies the Terms and Conditions for access to, and use of, SanitationSpecialists.com (“Website” or “Site”). Each use of the Website by you shall constitute and be deemed your unconditional acceptance of this Agreement and each of its Terms and Conditions.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THIS WEBSITE, OR ANY SANITATION SPECIALIST SERVICES OR CONTENT (COLLECTIVELY, “SERVICE”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE.
SANITATION SPECIALISTS RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT SANITATION SPECIALISTS’ DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO SANITATIONSPECIALISTS.COM/WEBSITETERMS.HTML.
THE MOST CURRENT VERSION OF THESE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO SANITATIONSPECIALISTS.COM/TERMS.HTML, AND SANITATION SPECIALISTS RESERVES THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU.
When using the Website, you shall be subject to any posted policies, guidelines, or rules applicable to use of the Website and any Service provided by Sanitation Specialists or the Website, including, but not limited to, our Online Privacy Notice (“Privacy Policy”). All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use.
All content included on this Site is and shall continue to be the property of Sanitation Specialists, or its content suppliers, and is protected under applicable copyright, patent, trademark, and other proprietary rights. You acknowledge and agree that the Services provided by the Website, and any necessary software used in connection with any Service (“Software”), contain proprietary and confidential information that is the property of Sanitation Specialists or its licensors and that such information is protected by applicable intellectual property and other laws. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site, and no rights or title to any of the Software used in connection with any Service is provided, transferred, or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Service or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Any copying, redistribution, use or publication by you of any such content or any part of the Website is prohibited. Except as expressly authorized by Sanitation Specialists or permitted by this Agreement, you agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or Software, in whole or in part.
This website is intended for adults only. This website is not intended for any children under the age of 13.
YOU MUST BE AT LEAST 13 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OF AGE OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
You acknowledge Sanitation Specialists’ exclusive rights in the Sanitation Specialists trademark and service mark. Trademarks, service marks, logos, and copyrighted works appearing in this Website are the property of Sanitation Specialists or the party that provided such intellectual property to Sanitation Specialists. Sanitation Specialists and any party that provides intellectual property to Sanitation Specialists retain all rights with respect to any of their respective intellectual property appearing in this Website, and no rights in such materials are transferred or assigned to you.
This Website is for your personal and non-commercial use, unless otherwise specified. You may not use any Service provided by the Website for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of Sanitation Specialists. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products, or services obtained from or otherwise connected to this Website.
You agree to comply with all applicable Federal, State, and local laws regarding your use of the Website. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agreed that any information provided by you is truthful and accurate to the best of your knowledge.
You agree to indemnify, defend, and hold Sanitation Specialists, its subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, shareholders, members, employees, agents, and contractors (the “Indemnified Parties”) harmless from and against any and all demands, claims, losses, penalties, fines, judgments, damages, liabilities, expenses, and costs, including reasonable attorneys’ fees and court costs (individually and collectively, “Claims”), arising from or related to your breach of this Agreement or use of the Website. You agree that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting Claims of the Indemnified Parties in connection therewith. You further agree to indemnify and hold the Indemnified Parties harmless from and against any Claims brought by third parties arising from or related to your use of any content, information, or Service accessed from the Website.
Your use of this Website is at your sole risk. The Website and any information, content, or Service provided through the Website is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
SANITATION SPECIALISTS 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, TITLE, AND NON-INFRINGEMENT.
SANITATION SPECIALISTS MAKES NO WARRANTY THAT (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS, (2) THE WEBSITE, ANY FUNCTION OR CONTENT CONTAINED ON THE WEBSITE, OR ANY SERVICE PROVIDED BY THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE WEBSITE, AND ANY INFORMATION OR SERVICE PROVIDED BY THE WEBSITE, WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE WILL MEET YOUR EXPECTATIONS, (5) THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (6) THAT ANY ERRORS OR DEFECTS IN ANY SOFTWARE UTILIZED BY THE WEBSITE WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT CONTENT ON THE WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND SANITATION SPECIALISTS MAY MAKE CHANGES OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE WEBSITE, ANY SERVICE, OR ITS CONTENT. SANITATION SPECIALISTS MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE WEBSITE.
SANITATION SPECIALISTS, ITS subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, shareholders, members, employees, agents, and contractors WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING FROM OR RELATED TO THE WEBSITE OR YOUR USE OF THE WEBSITE OR ANY SERVICE, EVEN IF SANITATION SPECIALISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR ANY SERVICE IS TO CEASE ALL OF YOUR SITE USE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF SANITATION SPECIALISTS AND ITS subsidiaries, affiliates, licensors, content providers, service providers, officers, directors, shareholders, members, employees, agents, and contractors, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE LESSER OF $100 OR THE AMOUNT YOU HAVE PAID TO SANITATION SPECIALISTS FOR YOUR USE OF THE WEBSITE.
Sanitation Specialists reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy, including, without limitation, disclosure of information necessary to satisfy any applicable law, regulation, legal process, or governmental request.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) A description of the copyrighted work that you claim has been infringed; (3) A description of where the material that you claim is infringing is located on the Website; (4) Your address, telephone number, and e-mail address; (5) 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; and (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Website is the General Counsel of Sanitation Specialists, who can be reached as follows: by mail at P.O. Box 2167, Watsonville, California 95077-2167, ATTN: LEGAL DEPARTMENT; by phone at 1-866-326-7097; or by email at webinfo@sanitationspecialists.com.
If there is any dispute arising from or related to the Website or these Terms of Use, you agree that any such dispute shall be governed by the laws of the State of California without regard to its conflict of law provisions.
You agree to the personal and exclusive jurisdiction by, and venue in, the state and federal courts of Monterey County, California.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE, ANY SERVICE PROVIDED BY THE WEBSITE, OR THESE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of Sanitation Specialists to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sanitation Specialists must be in writing and signed by an authorized representative of Sanitation Specialists.
Sanitation Specialists may terminate this Agreement at any time, with or without notice, for any reason. In addition, Sanitation Specialists reserves the right to modify or discontinue, temporarily or permanently, the Website or any Service provided by the Website (or any part thereof) at any time, with or without notice, and for any reason. You agree that Sanitation Specialists will not be liable to you or any third party for any modification, suspension or discontinuance of the Website or any Service.
Nothing contained in this Agreement or your use of the Website shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
These Terms of Use constitute the entire agreement between you and Sanitation Specialists. These Terms of Use govern the terms and conditions of your use of the Website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sanitation Specialists with respect to the Website. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Website or any Service. Sanitation Specialists may revise these Terms of Use at any time by updating this Agreement and posting it on the Website. Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Website after any changes have been made to these Terms of Use signifies and confirms your acceptance of any such changes or amendments to these Terms of Use.
If you have any questions regarding these Terms of Use, please contact us by mail at P.O. Box 2167, Watsonville, California 95077-2167, by phone at 1-866-326-7097, or by e-mail at webinfo@sanitationspecialists.com.
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