PLEASE READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEB SITE. IF YOU DO NOT AGREE TO THE PROVISIONS SET FORTH, PLEASE DO NOT USE THIS WEB SITE.
Acceptance of Terms
By using this website, you acknowledge your acceptance of the provisions of Sorbent Green LLC (hereinafter “Company” or “us”) Terms and Conditions of Use. If you do not agree to the terms of this Agreement, please discontinue use of this website and exit the website immediately. Company reserves the absolute right to modify the terms of this Agreement as well as the right to change or discontinue any aspect or feature of this website or products and services offered by Company. Your continued use of the website following the posting of changes to these Terms and Conditions is your acknowledgement that you accept the provisions and changes as made.
2. We reserve the right, in our sole discretion, to modify, update, or otherwise change this Agreement at any time. By using this Site after such changes are posted, you agree to be bound by the changes.
B. INTELLECTUAL PROPERTY
1. All content included on or in this Site, such as text, photos, logos, video, graphics, sound, computer code, and the arrangement and selection of such content, is protected by copyrights, trademarks, and/or other intellectual property rights of the Company and/or its third-party content providers. The “SORBENT GREEN” trademarks, as well as the business names, logos, slogans, trade dress and all other marks on this Site are trademarks of the Company or its third-party content providers.
2. You may use material from this Site only for your own personal, non-commercial use. Neither this Site nor any portion of this Site may be republished, reproduced, duplicated, copied, uploaded, downloaded, posted, transmitted, modified, sold, or otherwise exploited for any purpose that is not expressly permitted by the Company or under copyright law. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of trademarks, author attribution or copyright notices may be made. You acknowledge that you do not acquire any ownership rights by downloading material from this Site.
3. If you believe in good faith that your copyrighted work has been reproduced on this Site without authorization in a way that constitutes copyright infringement, you may notify SORBENT GREEN by postal mail or email at the following address: Sorbent Green LLC, 200 South Wacker Drive, Suite 1500, Chicago, IL 60606, email: info@SorbentGreen.com. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this Site.
C. SUBMISSION OF CONTENT BY USERS
In certain places, this Site may allows user to submit comments, forum or chat room entries, blog entries, letters, ideas, photos, videos, emails or other content – either directly to the Site (including to us through the Site) or through third party service providers. While we generally would like to permit you to provide content to the Site or to our offices through the Site, there are certain restrictions on your providing content. They are as follows:
1. License: By submitting content, you grant the Company a perpetual, nonexclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the content submitted – including, but not limited to, the rights to use, display, publish, translate, reproduce, distribute, modify, prepare derivative works based upon, and perform publicly your content (or any part thereof) online and offline in any form, media or technology now known or hereafter devised. You further agree that the Company has the right to use your name and likeness in connection with the Company’s publication, display, modification, distribution or other use of such content. The Company is free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to the Company (whether directly or through its third party service providers) for any purpose whatsoever without compensation or remuneration.
2. Prohibitions: You agree not to submit any content that: (a) infringes on any third party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal.
3. Warranty: You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You warrant and guarantee that are at least eighteen (18) years of age and are legally authorized to use this Site and any and all materials that you submit and/or upload to the Site. You warrant and guarantee that your use of the Site and any and all materials that you upload to the Site does not, in any way, infringe upon or violate and right of any third party and that you have all the necessary permissions to use this Site and to upload any and all material that you actually upload.
4. Indemnification. You agree to indemnify and hold harmless Company, and its affiliates and their respective directors, officers, employees, independent contractors, agents and other representatives for, from and against any losses, liabilities, suits, claims, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) directly or indirectly resulting from, arising out of, relating to or in connection with your violation of these terms, your uploads to this Site, or your use or misuse of this Site. The Company reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses and will pay all of the Company’s attorneys’ fees and costs in such defense. This paragraph is intended to be applicable to the maximum extent allowed by law.
5. Monitoring of Content / Removal: You agree that the Company has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Site. You further agree that the Company may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.
6. Privacy: Other than as set forth in this Site’s Privacy Statement, the Company may treat any submission and/or communication between you and the Company as non-confidential and non-proprietary. In particular, letters to the editor, comments concerning stories, blog entries, information from sources, and similar submissions will not be considered confidential.
7. No Endorsement / Recommendation: The Company does not endorse, recommend, or take any responsibility for any content submitted to this Site by any advertiser, service provider, vendor, or other third-party, even if the Company displays such content.
D. DISCLAIMER WITH RESPECT TO ADVERTISERS, CONTRACTORS AND OTHER THIRD PARTIES
E. DISCLAIMER WITH RESPECT TO OTHER INTERNET SITES
The Company has not reviewed all of the sites, or content of sites, that may be accessed from or linked to this Site. The Company is not responsible for the content of any pages or Internet images, information, or data, which are not contained on this Site. Viewing of any and all other Web sites shall be at your own risk.
F. PROHIBITION ON USE / ENFORCEMENT OF TERMS
The Company may at any time, for any reason, prohibit your further use in whole or in part of this Site. We may also take any action that we deem necessary to enforce this Agreement, and to protect against unlawful or improper use of this Site. You hereby expressly agree to waive any and all claims you may have (whether currently in existence and/or arising hereafter) against the Company for any failure by us to enforce this Agreement, whether against you or a third party. The Company’s failure to act in a particular circumstance does not waive its right to act with respect to that circumstance or other circumstances.
G. ACCESS LIMITS
Without the Company’s express consent, you may not frame any pages from the Site, place pop-up windows over pages of the Site, or otherwise affect the display of the Site’s pages. Moreover, under no circumstances may you: (i) derive or attempt to derive the source or object code, source files or structure of this Site or its content by reverse engineering, disassembly, decompilation or any other means; (ii) attempt to access the accounts of others, or attempt to penetrate security measures of the systems of the Company or its affiliates or contractors ("hacking"), whether or not the intrusion results in corruption or loss of data; or (iii) transmit to the Company or this newspaper or by means of this Site any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission.
The Company grants you permission to link to this Site (without framing it), but may revoke this permission at any time for any reason.
H. PARENTAL CONTROL PROVISIONS
Pursuant to 47 U.S.C. § 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org, and Safety.com, www.safety.com.
I. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THIS SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY (including, for purposes of this “Disclaimer of Warranties and Limitation of Liability” section of the Agreement, the Company and its officers, directors, employees, members, agents, affiliated companies, successors, assigns, third party contractors, attorneys, and any other party involved in creating, producing or delivering this Site or any of the content, products or services available on or through this Site) HEREBY DISCLAIMS ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
2. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THIS SITE, AND/OR THE INFORMATION, CONTENT, MATERIALS, SERVICES OR PRODUCTS INCLUDED ON OR AVAILABLE THROUGH THE SITE; (ii) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED ON OR THROUGH THIS SITE; (iv) THAT THE CONTENT OF THIS SITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF THE COMPANY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
3. THE COMPANY DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THIS WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THIS SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF THE COMPANY.
4. UNDER NO CIRCUMSTANCES SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THIS SITE AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, 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 THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND/OR SERVICES AVAILABLE ON OR THROUGH THIS SITE.
5. THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement 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.
K. GOVERNING LAW AND JURISDICTION
You agree that the laws of the State of Illinois will govern this Agreement and your use of this Site. The state and federal courts of Chicago, Illinois, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement and/or your use of the Site. You agree to waive any objection based on forum non conveniens or any objection to venue in Chicago, Illinois, of any such action.
L. INTERNATIONAL USE
The Company makes no representation that this Site (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America; and using this Site from territories where it is illegal to do so is prohibited. Any offer for a product or service through this Site is void where prohibited. Use of this Site is done at your own risk and you are responsible for compliance with all local laws.
You agree that this Agreement and all rights and licenses provided to the Company under this Agreement are fully and freely assignable and sub-licensable by the Company without further compensation to you.
N. INTEGRATION AND MODIFICATION
Except as otherwise specified herein, this Agreement constitutes the entire agreement between you and the Company with respect to this Site, and supersedes all prior or contemporaneous communications or proposals between you and the Company with respect to this Site.
O. NOTICE / CONTACT
1. This Company can be contacted at the following address: Sorbent Green LLC, 200 South Wacker Drive, Suite 1500, Chicago, IL 60606.
2. Legal notices shall be sent to the Company postage pre-paid, return receipt, at the following mailing address: Sorbent Green LLC, 200 South Wacker Drive, Suite 1500, Chicago, IL 60606. Notice will be considered given upon receipt.
3. You have the obligation to provide Company with your current mailing address and email address. The Company is entitled to assume that any address information that you provide to us is correct, and that the Company may contact you at such address. Notice will be considered given when sent to such address, whether physical mailing address or email address.