Environmental Network Inc Terms of Use Welcome to the Environmental Network Inc website (the "Environmental Network Inc website"), a site owned and operated by Environmental Network Inc.
These Terms of Use, along with policies and guidelines located throughout the Environmental Network Inc website identify what users of the Environmental Network Inc website ("Users") can expect from Environmental Network Inc and what we expect from Users. By accessing any areas of the Environmental Network Inc website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Environmental Network Inc website.
I. ONLINE CONDUCT
User agrees to use the Environmental Network Inc website only for lawful purposes. User is prohibited from posting on or transmitting through the Environmental Network Inc website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
Environmental Network Inc reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Environmental Network Inc , the Environmental Network Inc website, the communities that make up the Environmental Network Inc website, or any rights of Environmental Network Inc or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Environmental Network Inc Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Environmental Network Inc Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Environmental Network Inc website.
II. PRIVACY POLICY Environmental Network Inc respects the privacy of its Users. The terms and conditions of the Environmental Network Inc’s Privacy Policy, http://Environmental Network Inc/xcart/customer/help.php?section=business&XCARTSESSID=5ca82c3b322d2730b6833c3e14cc7587 , are incorporated herein by reference.
III. TRADEMARKS
Environmental Network Inc is trademarks or service marks of Environmental Network Inc or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Environmental Network Inc and its licensors used on the Environmental Network Inc website may not be used without prior written consent of Environmental Network Inc or its licensor, as the case may be. Without limiting the foregoing, no Environmental Network Inc trademark or trade dress may be used in connection with any product or service that is not Environmental Network Inc 's, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Environmental Network Inc.
IV. CONTENT
a. Proprietary Rights
User acknowledges that the Environmental Network Inc website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Environmental Network Inc owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
b. Distribution/Uploading Of Third-Party Content
Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Environmental Network Inc website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"). Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Environmental Network Inc Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Environmental Network Inc at office@helmet-stickers.com. By submitting Content to any User-submit areas, including, without limitation, participation in any newsletter publication, or ezine publication, User automatically grants, or warrants that the owner of such Content has expressly granted Environmental Network Inc Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Environmental Network Inc website retains any and all rights which may exist in such Content.
c. Export
The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Environmental Network Inc website to either a foreign national or a foreign destination in violation of such laws.
V. AGE OF USERS
Environmental Network Inc does not intend the Environmental Network Inc website to be used by minors under the age of 13. Furthermore, Environmental Network Inc does not market the Environmental Network Inc website for use by minors under the age of 13. Environmental Network Inc relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Environmental Network Inc website are appropriate for view or access by such Users.
VI. TERMINATION OF USAGE
Environmental Network Inc may suspend or terminate any User's access to all or any part of the Environmental Network Inc website including any account thereon, without notice, for any reason in Environmental Network Inc’s sole discretion, including without limitation Environmental Network Inc’s belief that such access would violate any applicable law or would be harmful to the interests of any Environmental Network Inc Provider or another User.
VII. PASSWORD SECURITY
Every User is responsible for (i) keeping such User's Environmental Network Inc account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Environmental Network Inc account.
VIII. WHOLESALE PARTNERS
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation as Environmental Network Inc Wholesale Partner (the "Program"). As used in this Agreement, "we" means Environmental Network Inc, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Environmental Network Inc. site, located at the URL Environmental Network Inc & www.environmentalnetworkinc.net , or to any site that you will link to our site (and which you will identify in your Program application).
1. Enrollment in the Program
To begin the enrollment process, you will register a regular customer via our site http://www.environmentalnetworkinc.com Once registration is complete you will notify us at sales@environmentalnetworkinc.com to request your wholesale status. Conversion to a wholesale account takes between 24-48 hours. We may reject your application if we determine (in our sole discretion) that your business is unsuitable for the Program. Unsuitable businesses include those that:
o promote sexually explicit materials
o promote illegal activities
o otherwise violate intellectual property rights
By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
1. WHOLESALE PRICING
Once your wholesale account is active you will receive wholesale pricing when:
o You order the minimum dollar amount agreed upon when you joined as a wholesale partner
o All shipping is billed additional.
o No additional discounts, promotions, web coupons, or coupons may be used in conjunction with wholesale pricing
IX. DISCLAIMERS AND LIMITATION OF LIABILITY THE Environmental Network Inc WEBSITE IS PROVIDED BY Environmental Network Inc PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Environmental Network Inc PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WITHOUT LIMITING THE FOREGOING, NO Environmental Network Inc PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Environmental Network Inc WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Environmental Network Inc WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Environmental Network Inc WEBSITE; OR (IV) THAT THE BARNES & NOBLE.COM WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Environmental Network Inc ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO Environmental Network Inc PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Environmental Network Inc WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Environmental Network Inc WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Environmental Network Inc PROVIDER.
UNDER NO CIRCUMSTANCES SHALL ANY Environmental Network Inc PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Environmental Network Inc , INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Environmental Network Inc WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Environmental Network Inc’s RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Environmental Network Inc WEBSITE.
NO Environmental Network Inc PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Environmental Network Inc WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Environmental Network Inc PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.
X. SEVERABILITY
The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
XI. APPLICABLE LAW; JURISDICTION
This site is created and controlled by Environmental Network Inc in the State of Michigan. As such, the laws of the State of Tennessee will govern these Terms of Use, without giving effect to any principles of conflicts of laws.
User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Tennessee and of the United States of America located in the State of Tennessee for any litigation arising out of or relating to use of or purchase made through the Environmental Network Inc Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Tennessee Courts and agrees not to plead or claim in any Tennessee Court that such litigation brought therein has been brought in an inconvenient forum.
XII. BINDING ARBITRATION
Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Environmental Network Inc Website, any Content or any item purchased from the Environmental Network Inc Website shall be settled by confidential arbitration in Tennessee, Tennessee administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Environmental Network Inc from seeking any injunctive relief in State or Federal courts located in the State of Tennessee for protection of Environmental Network Inc's or Environmental Network Inc licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.
XIII. ACKNOWLEDGMENT
The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Environmental Network Inc regarding User's relationship with Environmental Network Inc and supersedes any prior statements or representations. When using the Environmental Network Inc website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.
XIV. MODIFICATION
Environmental Network Inc reserves the right to make changes to the Environmental Network Inc website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on July 18th, 2006
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