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We provide users of the Site with access to general information about our product, Website.
2. USE AND CONSENT.
By accessing and/or using the Site, or clicking to accept our Terms when the option is made available to you, you accept and agree to be bound by these Terms, just as if you had agreed to these Terms in writing. If you do not agree to these Terms, do not use the Site. We reserve the right, at our sole discretion, to amend these Terms from time to time. You are responsible for regularly reviewing these Terms. All amendments will be effective upon the posting of such updated Terms. Your continued access to or use of the Site after such posting constitutes your consent to be bound by these Terms, as amended.
By accessing the Site, you represent and warrant that you are eighteen (18) years of age or older, have the legal capacity to enter into these Terms and have not been suspended or removed from the Site. If you do not meet these requirements, you must not access or use the Site.
Users of the Site are encouraged to be respectful and abide by all applicable laws, rules and regulations. Failure to comply with the following rules will result in a termination of your access to the Site.
By accessing the Site, you agree not to:
-Use this Site for unlawful purposes;
-Impersonate any person or entity;
-Harass, threaten, or defraud users or staff of Company or our vendors;
-Infringe upon any patent, trademark, trade secret, copyright or other proprietary right of the Site or any other party;
-Misrepresent the source, identity, or content of information transmitted via the Site;
-Take any action that would undermine the security of the Site or any other aspect of the Site;
-Transmit to the Site any virus or other program that may damage or impair the use of our or our users’ hardware, software or equipment;
-Take any action that would inhibit any other users’ enjoyment of the Site; or
-Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Site.
5. THIRD PARTY LINKS.
We may provide links or references to other websites or online resources but we are not responsible for and do not endorse such third party websites or resources. Please independently evaluate whether these resources are good for you - your use of such third party websites and resources is solely at your own risk.
6. INTELLECTUAL PROPERTY RIGHTS.
The Site is owned and operated by Company. This Site and its entire contents, including visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of the Site provided by us (the “Materials”) are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Materials on the Site are our copyrighted property.
All trademarks, service marks, and trade names are proprietary to us and you agree not to use them without our written consent. If you create anything using our trademark, you agree that we exclusively own all right, title and interest in and to such materials, including without limitation any modifications or derivative work based off of the use of our trademark. You further agree to assign any interest or right you may have in such Materials to us, and to provide information and execute any documents to formalize such assignment.
These Terms permit you to use the Site for your personal use only. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials; such use constitutes infringement of our intellectual property rights and is strictly prohibited. We, in our sole discretion, reserve all rights and may take steps to the fullest extent of the law to protect such rights.
7. NO WARRANTIES AND LIMITATION OF LIABILITY
THE INFORMATION THAT WE PROVIDE YOU ON THE SITE IS “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. WE STRIVE TO PROVIDE YOU WITH ACCURATE, COMPLETE AND UP TO DATE INFORMATION, BUT WE MAKE NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENTNESS OF ANY INFORMATION PROVIDED ON THIS SITE. WE MAKE NO REPRESENTATIONS RELATED TO THE PERFORMANCE OR OPERATION OF THE SITE. WE MAKE NO REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION. WE ASSUME NO LIABILITY FOR ANY ERRORS OR MISSTATEMENTS ON THE SITE AND YOUR USE OF THE SITE IS AT YOUR OWN RISK.
TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND RESPONSIBILITY LIES WITH YOU.
If you are dissatisfied with the Site, or any portion thereof, or with these Terms, your sole and exclusive remedy is to discontinue using the Site.
You will defend, indemnify and hold harmless Company, its independent contractors, service providers and consultants, and their respective directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your access, use or conduct on the Site, any content you provide or your violation of these Terms.
11. GOVERNING LAW AND DISPUTE RESOLUTION.
You agree that these Terms and any dispute under these Terms is governed by the laws of Texas, U.S.A., without regard to its principles of conflicts of law, and you consent to the exclusive jurisdiction of the federal and state courts located in Houston, Texas, U.S.A. You waive any jurisdictional, venue, or inconvenient forum objections.
ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.
These Terms constitute the entire agreement between us relating to your access to and use of the Site. These Terms may not be transferred or assigned by you without our prior written consent. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance. If any part of these Terms is invalid or unenforceable, that provision will be severed from these Terms and superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remaining provisions shall remain in full force and effect. These Terms are for the benefit of the parties and do not confer third party beneficiary rights upon any other person or entity.
13. CONTACTING US
If you have any questions, comments, or concerns about these Terms, please contact us at:
2710 Arabelle Grove
Houston, TX 77007
Last updated: February 25, 2022
Copyright 2022 New Earth Synergy, LLC. All Rights Reserved.