IMPORTANT – PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY
For simplicity, Environmental Resource Holdings and its subsidiaries and affiliated companies are referred to collectively throughout this website (the “Site”) as the company, the corporation, or “Environmental Resource Holdings.” However, nothing on the Site or related websites are intended to conflict with the corporate separateness of these entities.
Environmental Resource Holdings operates and maintains the Site for the benefit of Environmental Resource Holdings’ Site visitors (collectively, the “Users”). By visiting the Site, Users accept and agree to the following terms and conditions (the “Terms”). Please read the Terms carefully before using the Site. Once accepted, the Terms will constitute a binding agreement between you and Environmental Resource Holdings. If you do not agree to the Terms, do not use the Site.
Updates
The Terms are subject to change without notice by Environmental Resource Holdings at any time. Please check for changes regularly. Your use of the Site after such changes constitutes your agreement to such changes.
Use of the Site
Environmental Resource Holdings authorizes you to view the materials on the Site strictly for your personal, non-commercial use. You may not modify the materials at the Site in any way or reproduce or publicly display, perform or distribute or otherwise use them for any public or commercial purpose. You may not use the Site or its contents in a false, misleading, derogatory or otherwise offensive manner or to engage in or encourage conduct that would violate any applicable law or regulation or give rise to civil liability. You further agree that use of any information obtained via the Site is at your own risk. Any use of the Site materials on any other website or networked computer environment for any purpose is strictly prohibited. Furthermore, you may not link to the Site without Environmental Resource Holdings’ express permission in writing. Any personally identifiable information provided by you is subject to Environmental Resource Holdings’ Privacy Agreement. A link to this agreement is found on the bottom of each page of the Site. Any breach of these Terms automatically terminates your authorization to use the Site and the information on the Site.
Trademark and Copyright
Environmental Resource Holdings, and certain other brands, trademarks, and service marks are marks of Occidental Chemical Corporation and its affiliates. The materials on the Site are copyrighted, and any unauthorized use of any materials on the Site may violate copyright, trademark and other laws.
Unsolicited Material
Environmental Resource Holdings does not accept or consider unsolicited ideas, including ideas for new technologies or processes, through the Site. This policy is to avoid potential misunderstandings or disputes regarding ownership of ideas. Do not transmit any material through the Site that you consider confidential or proprietary. Any material that you transmit through the Site will be considered not to be confidential or proprietary.
Hyperlinks to Third Party Websites
For your convenience, the Site may contain links to other websites, including some administered by Environmental Resource Holdings or by other companies on behalf of Environmental Resource Holdings, as well as to third party and business partner websites not administered by Environmental Resource Holdings. Environmental Resource Holdings has not reviewed, and does not monitor, the websites that it does not administer; does not otherwise control them; and is not responsible for their content. Also, Environmental Resource Holdings’ Privacy Statement does not apply to, and Environmental Resource Holdings is not responsible for the privacy practices of, any such website. If you decide to access any of these websites, you do so entirely at your own risk. Please check each page you visit to determine whether it is an Environmental Resource Holdings-administered website.
Export
Environmental Resource Holdings makes no representation or warranty that materials at the Site are appropriate for use outside the United States, and access to them from locations where their contents are illegal is prohibited. You may not use or export or re-export the materials at, or available through, this Site or any copy or adaptation in violation of applicable laws or regulations including, without limitation, United States export laws and regulations. If you choose to access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable laws and regulations.
No Warranty
The materials provided at the Site are provided “as is” and without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Environmental Resource Holdings further does not warrant the accuracy and completeness of the materials at the Site. Environmental Resource Holdings does not warrant that the functions contained in the Site will be uninterrupted or error-free, that defects will be corrected or that the Site, or the server that makes it available, are free from viruses or other harmful components. Environmental Resource Holdings may make changes to the materials at the Site, or to the products and prices described in them, at any time without notice. The materials at the Site may be out of date, and Environmental Resource Holdings makes no commitment to update the materials at the Site. Applicable law may restrict the exclusion of certain implied warranties in certain circumstances, and, in those circumstances, the above exclusion of warranties applies to the maximum extent allowed under applicable law.
Limitation of Liability
You assume full responsibility for your use of the Site and in no event will Environmental Resource Holdings, its suppliers or other third parties mentioned at the Site be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost data, the cost of procurement of substitute goods or services, or business interruption) arising out of the use, inability to use, or the results of the use of the Site, any websites linked to the Site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from the Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof. Applicable law may not restrict the exclusion or limitation of incidental or consequential damages in certain circumstances, and, in those circumstances, the above exclusion or limitation applies to the maximum extent allowed under applicable law. If you are dissatisfied with any portion of the Site or with the Terms, your sole and exclusive remedy is to discontinue using the Site.
Applicable Law
The Terms are governed by the laws of the State of Texas, without giving effect to any principles of conflicts of laws. By accessing or using the Site you waive any and all rights that are different from, or conflict with, those protected by such law, to the extent you may lawfully do so.
Venue
By accessing or using the Site, you agree that the laws of the State of Texas, excluding its conflicts-of-law rules, shall govern these Terms. You expressly agree that exclusive jurisdiction for any claim, dispute or cause of action relating in any way to your use of the Site, resides in the courts of the State of Texas, with venue residing solely in the federal and state courts within Montgomery County, Texas.
Personal Jurisdiction
By accessing or using the Site, you also consent to the exercise of personal jurisdiction in the courts of the State of Texas regarding any dispute that arises from the Site.
Waiver
Failure to enforce strict performance of the Terms shall not be construed as a waiver of any provision or right. Environmental Resource Holdings may assign its rights and duties under the Terms without notice to any party at any time.