Last Modified: August 25, 2022
Acceptance of the Terms of Service
These Terms of Service are entered into by and between You and ESG Onsite Inc. ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Service"), govern your access to and use of website(www.esgonsite.com) and the other webpages, products, features, applications, services, technologies and software we offer (collectively, the “ESG Products”), except where we expressly state that separate terms apply.
Please read the Terms of Service carefully before you start to use the ESG Products. By using any ESG Product, or by clicking to accept or agree to the Terms of Service when this option is made available toyou, you accept and agree to be bound and abide by these Terms of Service andour Privacy Policy, found at https://www.esgonsite.com/privacy, which incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the ESG Products.
The ESG Products are offered and available to users who are 16 years old or older. By using the ESG Products, you represent and warrant that you meet the foregoing eligibility requirement. If you do not meet the requirement, you must not access or use the ESG Products.
Changes to the Terms of Service
We may revise and update these Terms of Service from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the ESG Products thereafter.
Your continued use of the ESG Products following the posting of revised Terms of Service means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the ESG Products and Account Security
We reserve the right to withdraw or amend the ESG Products, and any service or material we provide regarding the ESG Products, in our sole discretion without notice. We will not be liable if for any reason all or any part of the ESG Products is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the ESG Products, or the entire suite of ESG Products,to users, including registered users.
You are responsible for both:
· Making all arrangements necessary for you to have access to the ESG Products.
· Ensuring that all persons who access the ESG Products through your internet connection are aware of these Terms of Service and comply with them.
To access the ESG Products or some of the resources the ESG Products offer, you may be asked to provide certain registration details or other information. It is a condition of your use of the ESG Products that all the information you provide on the ESG Products is correct, current, and complete. You agree that all information you provide to register with the ESG Products or otherwise, including, but not limited to, through the use of any interactive features on the ESG Products, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the ESG Products or portions of them using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are notable to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by or on behalf of us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.
The ESG Products and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Service permit you to use the ESG Products in connection with your employment by one of our customers or prospective customers. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our ESG Products, except as follows:
· Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
· You may store files that are automatically cached by your Web browser for display enhancement purposes.
· You may print or download one copy of a reasonable number of pages of the ESG Products for use in connection with your employment with a current or prospective customer of the Company and not for further reproduction, publication, or distribution.
· If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your in connection with your employment with a current or prospective customer of the Company.
· Modify copies of any materials from this site.
· Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
· Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material related to the ESG Products other than that set out in this section, please address your request to: support@esgonsite.com
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the ESG Products in breach of the Terms of Service, your right to use the ESG Products will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the ESG Products or any content on the ESG Products is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the ESG Products not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
The Company name, the term SAFETY OPERATIONS PLATFORM, the Company logo and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the ESG Products are the trademarks of their respective owners.
You may use the ESG Products only for lawful purposes and in accordance with these Terms of Service. You agree not to use the ESG Products:
· In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
· For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
· To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail, ""chain letter," "spam," or any other similar solicitation.
· To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity(including, without limitation, by using email addresses or screen names associated with any of the foregoing).
· To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the ESG Products, or which, as determined by us, may harm the Company or users of the ESG Products, or expose them to liability.
Additionally, you agree not to:
· Use the ESG Products in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the ESG Products, including their ability to engage in real time activities through the ESG Products.
· Use any robot, spider, or other automatic device, process, or means to access the ESG Products for any purpose, including monitoring or copying any of the material on the ESG Products.
· Use any manual process to monitor or copy any of the material on the ESG Products, or for any other purpose not expressly authorized in these Terms of Service, without our prior written consent.
· Use any device, software, or routine that interferes with the proper working of the ESG Products.
· Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
· Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the ESG Products, the server on which the ESG Products is stored, or any server, computer, or database connected to the ESG Products.
· Attack the ESG Products via a denial-of-service attack or a distributed denial-of-service attack.
· Otherwise attempt to interfere with the proper working of the ESG Products.
The ESG Products may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post")content or materials (collectively, "User Contributions") on or through the ESG Products.
All User Contributions must comply with the Content Standards set out in these Terms of Service.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution through the ESG Products, you grant us and our affiliates and service providers, and each of their and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
· You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our licensees, successors, and assigns.
· All of your User Contributions do and will comply with these Terms of Service.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the ESG Products.
Monitoring and Enforcement; Termination
We have the right to:
· Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
· Take any action with respect to any User Contribution that we deem appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Service, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the ESG Products or the public, or could create liability for the Company.
· Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the ESG Products.
· Terminate or suspend your access to all or part of the ESG Products for any or no reason, including without limitation, any violation of these Terms of Service.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the ESG Products. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES,LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTIONTAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS ACONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENTAUTHORITIES.
However, we do not undertake to review material before it is posted on the ESG Products, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
· Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
· Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
· Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy.
· Be likely to deceive any person.
· Promote any illegal activity, or advocate, promote, or assist any unlawful act.
· Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
· Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
· Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
· Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the ESG Products is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the ESG Products, or by anyone who may be informed of any of its contents.
The ESG Products may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on the ESG Products from time to time. Any of the material on the ESG Products may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the ESG Products
All information we collect on the ESG Products is subject to our Privacy Policy. By using the ESG Products, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Linking to the ESG Products and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
The ESG Products may provide certain social media features that enable you to:
· Link from your own or certain third-party ESG Products to certain content on the ESG Products.
· Send emails or other communications with certain content, or links to certain content, on the ESG Products.
· Cause limited portions of content on the ESG Products to be displayed or appear to be displayed on your own or certain third-party ESG Products.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
· Establish a link from any ESG Products that is not owned by you.
· Cause the ESG Products or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
· Link to any part of the ESG Products other than the homepage.
· Otherwise take any action with respect to the materials on the ESG Products that is inconsistent with any other provision of these Terms of Service.
The ESG Products from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Service.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice inour discretion.
If the ESG Products contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party ESG Products linked to the ESG Products, you do so entirely at your own risk and subject to the terms and conditions of use for such ESG Products.
The owner of the ESG Products is based in the State of Texas in the United States. We provide the ESG Products for use only by persons located in the United States. We make no claims that the ESG Products or any of its content is accessible or appropriate outside of the United States. Access to the ESG Products may not be legal by certain persons or in certain countries. If you access the ESG Products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the ESG Products will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSSOR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHERTECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT,COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THEESG PRODUCTS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ESG PRODUCTS OR TOYOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY ESG PRODUCTS LINKED TOIT.
THE FOREGOINGDOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDERAPPLICABLE LAW.
THE FOREGOINGDOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDERAPPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the ESG Products, including, but not limited to, your User Contributions, any use of the ESG Products' content, services, and products other than as expressly authorized in these Terms of Service, or your use of any information obtained from the ESG Products.
Governing Law and Jurisdiction
All matters relating to the ESG Products and these Terms of Service, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Service or the ESG Products shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Service or use of the ESG Products, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law
No waiver by the Company of any term or condition set out in these Terms of Service shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
The Terms of Service and our Privacy Policy and any document into which they are incorporated by reference constitute the sole and entire agreement between you and Company regarding the ESG Products and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the ESG Products.
The ESG Products are operated by ESG Onsite Inc.
All notices of copyright infringement claims should be sent to privacy@esgonsite.com.
All other feedback, comments, requests for technical support, and other communications relating to the ESG Products should be directed to: support@esgonsite.com.
Follow us
