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EAE Terms of Use
Welcome to eaei.com, the web site (Site) of Environmental Advisors
and Engineers, Inc. (EAE). Please review the following terms and conditions
that govern your use of this Site. These terms and conditions (including
all documents referenced herein) represent the entire understanding
between you and EAE regarding your relationship with EAE, and supersede
any prior statements or representations. By accessing any areas of
eaei.com, users (Users) agree to be legally bound and to abide by
the terms and conditions set forth below.
EAE owns and operates eaei.com. Any references herein to eaei.com
shall be deemed to refer to eaei.com and/or EAE, as applicable under
the circumstances.
TRADEMARKS
All trademarks, product names, and company names and logos appearing
on eaei.com are the property of their respective owners.
COPYRIGHTS
All materials on this Site, including text, graphics, images, logos,
illustrations, designs, icons, photographs, video clips, and audio
clips (collectively, the "Content"), are the property of
their respective copyright owners, and are protected by U.S. and International
copyright laws. The compilation (meaning the collection, arrangement,
and assembly) of all Content on this Site is the exclusive property
of eaei.com and is protected by U.S. and International copyright laws.
All software used on this Site is the property of eaei.com or its
software suppliers, and is protected by U.S. and International copyright
laws.
USER COMMENTS
You agree that no Comments submitted by you in filling out any form
on the Site will violate any right of any third party, including copyright,
trademark, privacy or other personal or proprietary right(s). You
further agree that no Comments submitted by you in filling out any
form on the Site will be or contain libelous or otherwise unlawful,
abusive or obscene material. You are and shall remain solely responsible
for the content of any Comments you submit.
EAE is and shall be under no obligation to (1) maintain any Comments
in confidence, (2) pay to User any compensation for any Comments,
or (3) respond to any Comments.
TRADEMARK AND COPYRIGHT COMPLAINTS
EAE respects the intellectual property of others. If you believe that
your work has been copied on eaei.com in any way that constitutes
trademark or copyright infringement, you may (in accordance with the
Digital Millennium Copyright Act) submit a formal Notice of Trademark
or Copyright Infringement to EAE. The notice should contain the following
information:
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An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
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A description of the trademark or copyrighted work that you claim
has been infringed upon;
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A description of where the material that you claim is infringing
is located on the Site;
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Your address, telephone number, and e-mail address;
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A statement by you that you have a good-faith belief that the
disputed use is not authorized by the trademark or copyright owner,
its agent, or the law;
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A statement by you, made under penalty of perjury, that the above
information in your notice is accurate and that you are the trademark
or copyright owner or authorized to act on the trademark or copyright
owner's behalf.
Failure to include all of the above-listed information may result
in a delay of the processing of your complaint. Notice of Trademark
or Copyright Infringement can be faxed to the attention of EAE's Copyright
Agent at the fax number provided at the bottom of this page.
USE OF SITE
The Content on our Site, and the Site as a whole, is intended solely
for personal, noncommercial use by the Users of our Site. You may download
or copy the Content and other downloadable materials displayed on the
Site for your personal use only. No right, title or interest in any
downloadable materials is transferred to you as a result of any such
downloading or copying. You may not reproduce (except as noted above),
duplicate, copy, publish, transmit, distribute, display, perform, modify,
create derivative works from, sell or participate in any sale of, resell,
or exploit in any way (including for any commercial purpose), in whole
or in part, any of the Content on the Site, or the Site, unless expressly
permitted by EAE.
USAGE BY CHILDREN UNDER 13
EAE cannot prohibit minors from visiting this Site. EAE must rely on
parents, guardians and those responsible for supervising children under
13 to decide which materials are appropriate for such children to view
and/or purchase.
EAE requires that only individuals 13 years of age or older be allowed
to fill out the forms on its Site. EACH TIME YOU FILL OUT A FORM ON
EAEI.COM, YOU ARE REPRESENTING TO EAE THAT YOU ARE AN INDIVIDUAL 13
YEARS OF AGE OR OLDER.
PRIVACY POLICY
In accordance with the terms of EAE's Privacy
Policy, EAE respects the privacy of its Users.
DISCLAIMER
User expressly agrees that use of eaei.com is at User's sole risk. Neither
EAE, nor any of its officers, directors, third-party content providers,
merchants, sponsors, or the like, warrants that eaei.com will be uninterrupted
or error-free; nor does it make any warranty as to the results that
may be obtained from the use of the Site, or as to the accuracy, reliability,
or currency of any information, content, service, or merchandise provided
through eaei.com.
THIS SITE IS PROVIDED BY EAE ON AN "AS IS" AND "AS AVAILABLE"
BASIS. EAE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED
OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THIS SITE. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, EAE DISCLAIMS ALL WARRANTIES,
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EAE WILL NOT
BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE,
INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE,
AND CONSEQUENTIAL DAMAGES. NO ORAL OR WRITTEN ADVICE OR INFORMATION
GIVEN BY EAE OR ITS OFFICERS, DIRECTORS, THIRD-PARTY CONTENT PROVIDERS,
MERCHANTS, SPONSORS, OR THE LIKE SHALL CREATE A WARRANTY; NOR SHALL
USER RELY ON ANY SUCH ADVICE OR INFORMATION.
Under no circumstances shall EAE or any other party involved in creating,
producing, or distributing eaei.com (including its officers, directors,
third-party content providers, merchants, sponsors, or the like) be
liable for any direct, indirect, incidental, special, or consequential
damages that result from the use of or inability to use eaei.com, including
but not limited to reliance by a User on any information obtained from
eaei.com or that result from mistakes, omissions, interruptions, deletion
of files or e-mails, 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 eaei.com's records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all Content, merchandise, and services
available through eaei.com. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages,
in such states liability is limited to the fullest extent permitted
by law.
THIRD-PARTY CONTENT
The opinions, advice, statements, services, offers, or other information
expressed or made available on the Site by third parties are solely
those of the respective author(s) and do not necessarily reflect the
views of EAE (including its officers and directors). Neither EAE, nor
any of its officers, directors, third-party content providers, merchants,
sponsors, or the like, guarantees the accuracy, completeness, or usefulness
of any Content, nor its merchantability or fitness for any particular
purpose.
This Site contains links to external sites on the Internet that are
owned and operated by third-party vendors and other third parties. You
acknowledge that EAE is not responsible for the availability of or the
content located on or through any of these sites. Any concerns regarding
any such service or resource, or any link thereto, should be directed
to the particular outside service or resource.
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.
APPLICABLE LAW
This Site is created and controlled by EAE in the State of Kansas. As
such, the laws of the State of Kansas will govern these disclaimers,
terms, and conditions, without giving effect to any principles of conflicts
of laws. EAE reserves the right to make any changes to its Site and
these disclaimers, terms, and conditions at any time. User hereby irrevocably
and unconditionally consents to submit to the exclusive jurisdiction
of the courts of the State of Kansas and of the United States of America
located in the State of Kansas for any litigation arising out of or
relating to use of or purchase made through eaei.com (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 Kansas Courts, and agrees not to plead or claim in any Kansas Court
that such litigation brought therein has been brought in an inconvenient
forum.
FAX: 913-631-6011
E-mail: jbiesma@eaei.com or
rbens@eaei.com
URL:
http://www.eaei.com/
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