EZ Building EHS (Environmental, Health and Safety)

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Terms of Use

EZBuildingEHS Terms of Use
Last Revised September 26, 2012

  1. Introduction

    1. This license agreement (“Agreement”) governs your use of the EZBuildingEHS® by Green Reviews (the “Company”) web site and related EZBuildingEHS services (collectively the “Services”). Through this Agreement, EZBuildingEHS grants you a limited license to use the Services subject to this Agreement. This Agreement forms a legally binding agreement between you and EZBuildingEHS.

    2. EZBuildingEHS means EZBuildingEHS® by Green Reviews, a New Jersey corporation with a principal place of business at 169 Ames Avenue, Leonia, NJ 07605-2001.

    3. You hereby agree that you have the requisite authority, power, and right to fully bind the person and/or entitie(s) (the “Licensee”) wishing to use the EZBuildingEHS Services. IF YOU DO NOT HAVE THE AUTHORITY TO BIND THE LICENSEE, EZBuildingEHS IS UNWILLING TO LICENSE THE EZBuildingEHS SERVICES TO YOU, AND YOU MAY NOT USE THE SERVICES.

  2. Acceptance of Terms

    1. You must agree to this Agreement prior to your use of the Services. Your use of the Services is conditioned upon your acceptance of the terms set forth below. If you do not agree to the terms set forth in this Agreement, you may not use the Services.

    2. By undertaking any of the following actions, you agree to be bound by the terms of this Agreement:

      1. clicking that you accept or agree to these terms when presented with the option to do so;

      2. registering with the Services as defined below; or

      3. your use of the Services.

    3. By agreeing to this Agreement, you acknowledge and agree that you have read, understand and accept the terms and conditions described below (the “Terms of Use”) and you agree to be bound by the Terms of Use and all terms, policies and guidelines incorporated in the Terms of Use by reference.

  3. Your Use of EZBuildingEHS Software and Services

    1. Subject to your remaining in compliance with the provisions of this Agreement, EZBuildingEHS hereby grants to you a limited, worldwide, royalty-free, non-exclusive, non-transferable, non-sublicensable license solely to access and use the Services. The Services shall not be used in any other manner or for any other purpose during the term of this Agreement or thereafter.

    2. Use of the Services by children under the age of 13 is prohibited. By using the Services, you warrant that you are 13 years of age or older.

  4. Registration and Accounts

    1. You must register to use the Services. You must provide complete and accurate information, including your email address, username and password, about yourself and your company and update your information should it change in the future.

    2. You must maintain the confidentiality of your assigned user IDs and passwords, and ensure that access to the EZBuildingEHS Services through the use of such user IDs and passwords is limited only to your employees and agents that are authorized subscribers to the Services.  You agree to immediately notify EZBuildingEHS at info@EZBuildingEHS.com of any unauthorized use of your password or username or any other breach of security. If a password is lost or stolen, it is the user’s responsibility to change the password, and immediately notify EZBuildingEHS, so that your account remains secure and functional.

    3. You may cancel your subscription at any time. The cancellation will become effective at the beginning of the next billing period.

    4. Subscription fees for the Service are non-refundable. All subscriptions and other sales are final.

  5. User Generated Content

    1. The Services include features that allow you to submit content that may be accessible to others within and outside of the Services. You retain any rights you hold in content submitted by you. Content submitted to the Services is the sole responsibility of the entity who makes it available.

    2. Your use of features of the Service that allow you to submit content is governed by the EZBuildingEHS User Code of Conduct, which is available at http://EZBuildingEHS.com/usercode/. By submitting content to the Service, You agree to abide by the User Code of Conduct.

    3. By submitting content to the Services, you give EZBuildingEHS and its affiliates a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license continues indefinitely beyond any termination of this Agreement for any reason by any party.

    4. The Company does not screen, review or actively monitor any content submitted by users to the Service, and is not responsible for the accuracy or truthfulness of any user-submitted content.

    5. The Company may, as part of the Services, provide You with links to third party web sites or content not affiliated with or controlled by the Company, including links to government or regulatory information. Links to third party content are provided as a convenience and content accessed via links is not monitored or verified as accurate, appropriate or complete. The provision of links to third party content is not an endorsement or approval of the linked third party content.

  6. Privacy and Collection of Information

    1. EZBuildingEHS collects information about you through your use of the Services. By using the Services, you agree that EZBuildingEHS may retain, use, and publish information collected through your use of the Services in accordance with the EZBuildingEHS Privacy Policy, located at http://EZBuildingEHS.com/privacy/.

  7. Our Proprietary Rights

    1. EZBuildingEHS retains all rights, title, and interest to the Services and any updates that may be provided to you under this Agreement. EZBuildingEHS reserves all rights not expressly granted to you.

    2. You acknowledge and agree that the Services contain proprietary and confidential information that is protected by United States copyright law, applicable intellectual property and other laws. All trademarks, service marks, advertising slogans and names provided on the Services are proprietary to EZBuildingEHS. Except as expressly authorized by EZBuildingEHS, you agree that all rights described herein are reserved to EZBuildingEHS and you are not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, in whole or in part.

  8. Third Party and Business Use of the Services

    1. If you use the Services on behalf of any business or third party, you must be authorized to accept this Agreement on behalf of that business or third party and through your use of the Services that business or third party accepts and is bound by the terms of this Agreement.

    2. Each employee designated as an authorized subscriber must read and agree to be bound by this Agreement prior to using the Services.

  9. Indemnity

    1. You and any business or third party subject to this Agreement through your use shall indemnify, defend and hold harmless EZBuildingEHS and its officers, agents and employees from and against any claims, demands or causes of action (a) alleging infringement of any third party intellectual property rights based on (i) your use of the Services, (ii) the use of any other software or hardware that is used in conjunction with the Services, (iii) the unauthorized use of the Services, or (iv) use of the Services not in conformance with the specifications or the requirements of this Agreement, (b) based on the unauthorized use of the Services by you, or (c) based on or resulting from a breach of any provision of this Agreement by you.

  10. Disclaimer of Warranties and Limitation of Liability

    1. Other than as specifically set forth herein, the Services is provided “AS IS” and “WITH ALL FAULTS” and without warranty of any kind. You agree that the use of the Services is at your risk.

    2. While EZBuildingEHS attempts to ensure that the information provided by the Services is timely, accurate and complete, it is possible that errors or omissions may occur or that information may change before the website can be updated. Accordingly, EZBUILDINGEHS MAKES NO WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES, OPERATION OF THE SERVICES, OR OUTPUT OF OR RESULTS OBTAINED FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OPERABILITY, COMPLIANCE WITH APPLICABLE LAW OR NON-INFRINGEMENT AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED BY EZBUILDINGEHS AND WAIVED BY YOU.

    3. Limitation of Liability. OTHER THAN AS SPECIFICALLY SET FORTH HEREIN, IN NO EVENT SHALL EZBUILDINGEHS, ITS AGENTS OR EMPLOYEES, HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR THE COST OF SUBSTITUTE GOODS OR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITY OR CLAIMS OF THIRD PARTIES) ARISING IN ANY MANNER IN CONNECTION HEREWITH, OR OUT OF THIS AGREEMENT, THE PERFORMANCE OR BREACH HEREOF OR THE SUBJECT MATTER HEREOF, HOWEVER CAUSED, WHETHER BY NEGLIGENCE OR OTHERWISE, REGARDLESS OF THE FORM OF ACTION, WHETHER FOR BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT PRODUCT LIABILITY, INFRINGEMENT, GOVERNMENT AGENCY FINES OR ENFORCEMENT ACTIONS OR OTHERWISE, AND WHETHER OR NOT EZBUILDINGEHS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

  11. Modification and Termination of the Services

    1. EZBuildingEHS may, in its sole discretion, discontinue offering the Services or terminate or suspend your access to the Services at any time.

    2. EZBuildingEHS reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time, in its sole discretion, by posting changes at http://EZBuildingEHS.com/termsofuse/ (or another URL that EZBuildingEHS may provide from time to time). You are advised to regularly review the policy. You accept modifications of this Agreement through online acceptance of the terms or through your continued use of any part of the Services following the posting of any such changes or modifications.

  12. General Provisions

    1. Should any provision of this Agreement be held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

    2. The failure of either party to enforce any term or condition of this Agreement shall not constitute a waiver of either party’s right to enforce each and every term and condition of this Agreement. No breach under this Agreement shall be deemed waived or excused by either party unless such waiver or consent is in writing signed by the party granting such waiver or consent. The waiver by or consent of a party to a breach of any provision of this Agreement shall not operate or be construed as a waiver of or consent to any other or subsequent breach by such other party.

    3. The parties agree that this Agreement states the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements and representations of the parties, oral or written. This Agreement may only be amended in a writing signed by duly authorized representatives of both parties. This Agreement shall be binding upon and inure to the benefit of the parties’ authorized successors, legal representatives, and authorized assigns.

    4. All notices, demands, requests, consents or other communications required or permitted by this Agreement (“Notices”) shall be in writing and sent to the parties at their current known addresses, or to such other address as either party may specify in writing. Notices shall be deemed duly served on or delivered (1) when delivered personally, (2) when sent to the other party by certified mail, return receipt requested, (3) when delivered by hand or sent by recognized overnight courier (with acknowledgement received by the courier), or (4) sent by facsimile, electronically confirmed and followed up immediately by standard United States mail.

    5. This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey without reference to its principles of conflicts or choice of law. The parties hereby opt out of the Uniform Computer Information Transaction Act to the fullest extent permitted by law.

    6. THE PARTIES WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY CONFIDENTIAL INFORMATION, INTELLECTUAL PROPERTY RIGHTS, OR SELF HOSTED SERVICES THAT ARE THE SUBJECT OF THIS AGREEMENT.

    7. Any and all disputes arising under this Agreement shall only be resolved by courts located in the State of New Jersey and the parties hereto consent to venue therein, the exclusive personal jurisdiction thereof, and to the sufficiency of service of process by certified or registered mail in connection with any dispute arising out of or in connection with this Agreement.

    8. In the event of any dispute arising out of or related to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.

    9. The provisions this agreement, including but not limited to sections 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12, shall survive any termination or expiration of this Agreement.