Introduction
These terms and conditions govern all usage of the Envirotek Realty website and all content, services, and products available through the website. The website is owned and operated by Envirotek Realty. Your use of the website is subject to your acceptance of all terms and conditions contained herein, as well as any other operating rules, policies (including, without limitation, the Envirotek Realty Privacy Policy), and procedures that may be published from time to time on this site.
Agreement to Terms and Conditions
Please read this agreement carefully before accessing or using the website. By accessing or using any part of the website, you agree to be bound by these terms and conditions. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer by Envirotek Realty, acceptance is expressly limited to these terms. The website is available only to individuals who are at least 18 years old.
Website Description
Envirotek Realty is fully responsible for all activities that occur under your account and any other actions taken in connection with the site or the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a way intended to trade on the name or reputation of others, and Envirotek Realty may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause liability. You must immediately notify Envirotek Realty of any unauthorized uses of your blog, your account, or any other breaches of security. Envirotek Realty will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Contributor Responsibilities
If you operate a blog, comment on a blog, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that content. This is the case regardless of whether the content in question constitutes text, graphics, audio files, or computer software. By making content available, you represent and warrant that:
Use of the Website
Downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights of any third party. If your employer has rights to intellectual property you create, you have either received permission from your employer to post or make available the content, including but not limited to any software, or secured from your employer a waiver as to all rights in or to the content. You have fully complied with any third-party licenses relating to the content, and have done all things necessary to successfully pass through to end users any required terms. The content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content. The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
Additional Conditions for Using the Website
The content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party. Your blog is not being advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs, and websites, and similar unsolicited promotional methods. Your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or a company other than your own. You have accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested by Envirotek Realty or otherwise.
Other Considerations
By submitting content to Envirotek Realty for inclusion on your website, you grant Envirotek Realty a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the content solely for the purpose of displaying, distributing, and promoting your blog. If you delete content, Envirotek Realty will use reasonable efforts to remove it from the website, but you acknowledge that caching or references to the content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Envirotek Realty has the right (though not the obligation) to, in Envirotek Realty’s sole discretion (i) refuse or remove any content that, in Envirotek Realty’s reasonable opinion, violates any Envirotek Realty policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the website to any individual or entity for any reason, in Envirotek Realty’s sole discretion. Envirotek Realty will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
Envirotek Realty has not reviewed, and cannot review, all of the material, including computer software, posted to the website and cannot therefore be responsible for that material’s content, use, or effects. By operating the website, Envirotek Realty does not represent or imply that it endorses the material posted there, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying, or use of which is subject to additional terms and conditions, stated or unstated. Envirotek Realty disclaims any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content posted there.
Content Posted on Other Websites
Envirotek Realty has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Envirotek Realty links, and that link to Envirotek Realty. Envirotek Realty does not have any control over those non-Envirotek Realty websites and webpages and is not responsible for their contents or their use. By linking to a non-Envirotek Realty website or webpage, Envirotek Realty does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Envirotek Realty disclaims any responsibility for any harm resulting from your use of non-Envirotek Realty websites and webpages.
Copyright Infringement and DMCA Policy
As Envirotek Realty asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Envirotek Realty violates your copyright, you are encouraged to notify Envirotek Realty in accordance with Envirotek Realty’s Digital Millennium Copyright Act (“DMCA”) Policy. Envirotek Realty will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Envirotek Realty will terminate a visitor’s access to and use of the website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Envirotek Realty or others. In the case of such termination, Envirotek Realty will have no obligation to provide a refund of any amounts previously paid to Envirotek Realty.
Intellectual Property
This Agreement does not transfer from Envirotek Realty to you any Envirotek Realty or third-party intellectual property, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Envirotek Realty. Envirotek Realty, the Envirotek Realty logo, and all other trademarks, service marks, graphics, and logos used in connection with Envirotek Realty, or the website are trademarks or registered trademarks of Envirotek Realty or Envirotek Realty’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the website may be the trademarks of other third parties. Your use of the website grants you no right or license to reproduce or otherwise use any Envirotek Realty or third-party trademarks.
Advertisements and Attribution
Envirotek Realty reserves the right to display advertisements on your blog unless you have purchased an ad-free account. Envirotek Realty reserves the right to display attribution links such as ‘Blog at Envirotek Realty,’ theme author, and font attribution in your blog footer or toolbar. Partner Products. By activating a partner product (e.g., theme) from one of our partners, you agree to that partner’s terms of service. You can opt-out of their terms of service at any time by deactivating the partner product.
Domain Names
If you are registering a domain name, using, or transferring a previously registered domain name, you acknowledge and agree that the use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
Changes
Envirotek Realty reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the website following the posting of any changes to this Agreement constitutes
Termination
Envirotek Realty may terminate your access to all or any part of the website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Envirotek Realty account (if you have one), you may simply discontinue using the website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Envirotek Realty if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Envirotek Realty’s notice to you thereof; provided that, Envirotek Realty can terminate the website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties
The website is provided “as is”. Envirotek Realty and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither Envirotek Realty nor its suppliers and licensors, makes any warranty that the website will be error-free or that access thereto will be continuous or uninterrupted.
Limitation of Liability
In no event will Envirotek Realty, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Envirotek Realty under this Agreement during the twelve (12) month period prior to the cause of action. Envirotek Realty shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that (i) your use of the website will be in strict accordance with the Envirotek Realty Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
You agree to indemnify and hold harmless Envirotek Realty, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the website, including but not limited to your violation of this Agreement.
Miscellaneous
This Agreement constitutes the entire agreement between Envirotek Realty and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Envirotek Realty, or by the posting by Envirotek Realty of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Miami Dade County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Miami Dade County, Florida, in the English language, and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Envirotek Realty may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Privacy Policy
Envirotek Realty respects your privacy. Like most website operators, Envirotek Realty collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Envirotek Realty’s purpose in collecting non-personally identifying information is to better understand how Envirotek Realty’s visitors use its website. From time to time, Envirotek Realty may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website. Envirotek Realty also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on Envirotek Realty blogs/sites. Envirotek Realty only discloses logged-in user and commenter IP.