Terms of Use 

Effective Date – January 1, 2020 

 

These Terms of Use, including the Privacy Policyapply to the Protect Environmental web site located at www.protectenvironmental.com, and all associated sites and applications linked to www.protectenvironmental.com or operated by Protect, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Protect LLC (“Protect) and its licensors. Please read these Terms of Use carefully before you start to use the Site. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. 

 

Changers to the Terms of Use 

Protect reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use at any time. All changes are effective immediately upon posting.  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, Protect grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. 

 

Intellectual Property 

Unless indicated otherwise, all intellectual property rights to the Site and all related content are owned by Protect. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Protect.  Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.   

 

You are permitted to read the Site and all associated sites and applications linked to the Site or operated by Protect and make copies for your own personal use. All other uses of the Site or related content is not permitted. You may not remove any copyright, trademark, or other intellectual property notices contained in the original content from any material copied or printed off from the Site. You may not modify copies of any materials from this site.  You may not use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.  

 

User Contributions 

The Site may contain message boards, comment boards, blogs, or other interactive features (collectively “Interactive Features”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter “Post”) content or materials on or throughout the Site.  All Posts will be considered non-confidential and non-proprietary.   By providing any Posts, you grant Protect the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.  You represent that you control all rights in and to the Posts and have the right to grant the license granted above to Protect.  All of your Posts will comply with these Terms of Use.  

 

You understand that you are responsible for any Posts you submit or contribute, and you, not Protect, have full responsibility for such Posts , including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to any third party for the content or accuracy of any Posts by you or any other user of the Site. 

 

Monitoring and Enforcement 

We have the right to remove or refuse any Post for any reason or no reason at all.  We have the right to take any action with respect to any Post that we deem necessary or appropriate in our sole discretion including if we believe that such Post violates the Terms of Use, infringes on any intellectual property right or other right of any person or entity, threatens the personal safety of third parties, or could create liability for Protect.  We have the right to disclose your identity or other information about you to any third party who claims that material you posted violates their rights, including their intellectual property rights or their right to privacy.  We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.  We have the right to terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these Terms of Use. 

 

YOU WAIVE AND HOLD HARMLESS PROTECT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PROTECT DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER PROTECT OR LAW ENFORCEMENT AUTHORITIES. 

 

However, we do not undertake to review all material before it is posted on the Site and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

 

Links to Other Sites and Social Media  

On the Site and all associated websites and applications linked to the Site or operated by Protect you will find links to other website. Although these websites are selected with care, Protect is not responsible for the processing of your personal data through these websites. These Terms of Use, including the Privacy Policy, are therefore not applicable to the use of sus. If you choose to share the Site or other associated site and applications linked to the Site or operated by Protect through social media, such as LinkedIn, Facebook, YouTube, and Twitter, your personal data will also be visible to all of the visitors of your personal web-page on such social media. On the use of such media websites, only the terms and conditions (including the privacy policy) of the social media website apply. Protect is not responsible for the processing of personal data of the privacy policy of such social media websites, and Protect’s Terms of Use and Privacy Policy are therefore not applicable to the use of such websites. 

 

Limitation on Time to File Claims 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

 

Limitation of Liability 

While Protect seeks to include accurate and up-to-date information, no representations or warranties, express or implied, are made as to the accuracy or completeness of the Site and any liability for the use of the Site or any site linked to it is disclaimed. The Site is intended for general informational purposes only and does not constitute advice. Any reliance you place on such information is strictly at your own risk. 

 

Protect shall furthermore not be liable for damages resulting from the use of electronic means of communication, including, but not limited to, damages resulting from the interception or manipulation of electronic communication by third parties or by computer programs used for electronic communications and transmission of viruses. 

 

NEITHER PROTECT, ITS EMPLOYEES, OFFICERS, OR DIRECTORS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR OTHER APPLICATIONS OPERATED BY PROTECT OR ANY WEBSITE LINKED TO THE SITE SHALL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.   THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

Disclaimer of Warranties 

You understand that Protect cannot and does not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, PROTECT WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

 

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER PROTECT NOR ANY PERSON ASSOCIATED WITH THE PROTECT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE PROTECT NOR ANYONE ASSOCIATED WITH PROTECT REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE PROTECT HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

 

Governing Law and Jurisdiction 

These Terms of Use, including the Privacy Policy, shall be exclusively governed by the laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision.  All disputes arising in connection with these Terms of Use and/or the Privacy Policy, including but not limited to disputes concerning the existence and validity thereof, and in each case including non-contractual disputes or claims, shall be resolved by the competent courts or other tribunal of the Commonwealth of Kentucky.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.   

 

Arbitration 

At Protect’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Site, including disputes arising from or concerning their interruption, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the law of the Commonwealth of Kentucky. 

 

Severability 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.  

 

Your Comments and Concerns 

This Site is operated by Protect.  All feedback, comments, requests for technical support or claims of copyright or other infringement should be directed to: info@protectenv.com.  

 

Effective Date: January 1, 2020 

 

For questions about our Terms of Use, contact us.