TERMS OF USE

 

 

 1 . The extent of Rights to Use.

It is important to read these Terms of Use (“Terms of Use“) because your access to and use of features on the website manningenvironmental.com (“Site“) are conditioned on fully complying with these Terms of Use. If you do not agree to these Terms of Use, do not view, browse or use any portion of the Site. The Site is operated by Manning Environmental, Inc. (“Company“).

 2 . Modification.

The Company may revise these Terms of Use at any time by updating this posting. Your continued use of the Site constitutes your agreement to comply with such revisions. So, you should visit this page from time to time.

 3 . Privacy.

Your use of the Site constitutes your consent to Company’s privacy policy posted from time to time on the Site. You may review the current Company privacy policy at https://manningenvironmental.com/policies/privacy

 4 . Prohibited Uses, Communications, and Content.

Unauthorized use or modification of any information stored on the Site may result in criminal and/or civil prosecution under Federal, State, and local law. You may not use the Site for anything other than a lawful and legitimate business purpose. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way. You may not advertise or solicit on or through the Site without our express written permission. You agree not to use the Site to: (1) impersonate any person or entity; (2) post or carry out activity that is unlawful, offensive, false or misleading or constitutes or encourages the conduct of a criminal offense; (3) cause injury of any kind to any person or entity; (4) store on, send, post or otherwise use the Site to anything that contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (5) carry out any unauthorized alteration of any data or information on or supplied by another user of the Site; (6) conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity; or (7) transmit chain letters, junk mail, “spamming,” solicitations (commercial or non-commercial) or bulk communications of any kind including, but not limited to, distribution lists to any person who has not given specific permission to be included in such a list. You shall not restrict or inhibit any other user from using and enjoying any service conducted on the Site. You are solely responsible for the content of any transmissions you make to the Site or to any Company-employee. You agree that you will not send, post or otherwise publish through the Site, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading with respect to origin or fact, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Site.

 5 . Use and Monitoring.

While Company has no obligation to monitor the Site and is not responsible for the content of any messages, information, or files transmitted on the Site, Company reserves the right to delete and take other appropriate action with respect to any messages, information, or files for any reason, including denying access to the Site to anyone at any time. All persons are hereby notified that use of the Site constitutes consent to such actions, monitoring and auditing.

 6 . Posting.

You acknowledge and agree that any materials and information that you post on the Site are non-confidential. Information that you post in comments and other public areas of the Site may be seen and used by others. THE COMPANY IS NOT RESPONSIBLE FOR ANYONE’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON COMMENT OR OTHER PUBLIC AREAS OF THE SITE. You grant the Company a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to use, without any further consent, notice and/or compensation to you or to any third parties (unless a payment is expressly set out in a separate specific written agreement between you and the Company), to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to the Site or the Company, including, but not limited to, any user-generated content, ideas, concepts, techniques or data to the services, you submit to the Company or Site. The Company shall be entitled to the unrestricted use and dissemination of such materials and information for any purpose in any media now existing or hereafter created, without acknowledgment or compensation to you. You represent and warrant to the Company that you own or otherwise control all of the rights to the content you post on the Site and that the content is accurate, not confidential, and not in violation of any contract, law or rights of third parties. The Company reserves the right, but not the obligation, to refuse to post or to remove any content or portions thereof, if it violates any terms of these Terms of Use or any other reason.

 7 . Payments; Payment Information.

In most cases the Company does not store payment card information.  If you purchase any products or services that we offer for a fee, you agree to the Company storing your payment card information at it’s discretion.. You also agree to pay the applicable fees for the products or services as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts.

 8 . Trademark Notice.

Manning Environmental Inc. and other trademarks, logos and slogans on the Site are trademarks of Manning Environmental Inc. and protected by law. You may not use the marks without express written permission of the Company. Certain other names, brands and marks are used for identification purposes only and may be trademarks or registered trademarks of their respective owners. Fair use of the trademarks and service marks requires proper acknowledgment.

 9 . Copyright Notice; Ownership.

All materials and software published on or used on the Site are protected by copyright, and owned or controlled by or licensed to Company or the party listed as the provider of the materials or software. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL IS PROHIBITED. You may download any downloadable materials displayed on the Site only for personal, noncommercial and informational purposes, provided that the documents are not modified and you maintain and abide by all copyright, trademark and other notices contained in such material or if there is not a notice in such portion of materials, you must include copyright notice in such downloaded materials.
Except as expressly provided in a separate license agreement, Company and its suppliers of the Site materials and software do not grant any express or implied rights to you under any patents, copyrights, trademarks or trade secret information.

 10 . Copyright; Commercial Use of Company Site Materials and Screen Shots.

Reproduction, copying, or redistribution of materials on the Company Site for commercial purposes is prohibited without the express written permission of Company. To obtain permission to copy portions of this site, please send email to

copyright@manning-enviro.com

and provide the following information in the body of the email:

  10.1  the content you wish to use;

 10.2  where, when and how it will be used (for example, a seminar, newsletter or news article);

 10.3  where and how copies will be distributed and to what audience;

 10.4  how many copies will be produced and distributed;

 10.5  what other materials will be associated with the Company content;

 10.6  and your name, title, company, address, email address, and phone number.

We will evaluate and respond to your request as soon as possible. Company reserves the right to refuse permission to copy, distribute, broadcast, or publish any of its copyrighted material, including text and images on our Site.

 11 . Copyright Agent.

In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at

https://www.copyright.gov/dmca-directory/

we will respond to claims of copyright infringement committed using the Site that are reported to the Company’s “Designated Copyright Agent” identified below. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please provide the Company’s Copyright Agent the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed; (2) identification of the copyrighted work that you claim has been infringed; or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such work at that site; (3) identification of the material on the Site that you claim is infringing and where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the owner or authorized to act on the behalf of the owner of the exclusive copyright allegedly infringed; and (7) your full legal name. All claims of copyright infringement should be delivered to the following “Designated Copyright Agent” of Manning Environmental, Inc.

 Designated Agent and Address of Agent:

 Attn: Legal Department – Copyright Agent

Manning Environmental, Inc.
101 Bar T Dr,
Florence, TX 76527

Telephone: +1 (254) 793-9955

Email: copyright@manning-enviro.com

 12 . Links to Other Sites and/or Materials.

Links may appear on the Site that may be used to link to other Site(s). These links are provided as a courtesy to Site visitors. Company has no control over the linked Sites or the materials, information, goods or services available or contained on these linked Sites. Company is not responsible for and does not endorse or warrant in any way any materials information, goods or services available through such linked Sites or any privacy or other practices of such Sites. If you decide to access any of the linked Sites, you do so entirely at your own risk. Company reserves the right to terminate any link at any time.

 13 . Mobile Communications.

If you request to receive information by mobile device or text message, you consent to our communicating with you via your mobile device. Your carrier’s normal messaging, data or other fees will apply.

 14 . Disclaimer; Limitation of Damages.

(a) Company is neither responsible nor liable for any viruses or other contamination of your computer system or other device used to access the Site as a result of your use of the Site. THE SITE AND SOFTWARE, PRODUCTS, MATERIALS AND INFORMATION MADE AVAILABLE THROUGH OR DESCRIBED ON THE SITE OR ACCESSED BY MEANS THEREOF IS PROVIDED “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMPANY MAKES NO WARRANTY OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO OPERATION OF THE SITE OR ANY CONTENT, SOFTWARE, PRODUCTS, MATERIALS OR INFORMATION INCLUDED IN OR MADE AVAILABLE OR ORDERED THROUGH THE SITE, THE COMPANY’S SERVERS, OR ELECTRONIC COMMUNICATIONS.

(b) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OR REMEDIES FOR BREACH OF WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS, INFORMATION, PRODUCTS OR SERVICES DISPLAYED ON OR AVAILABLE OR ORDERED THROUGH 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 SUCH MATERIALS, INFORMATION, PRODUCTS OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

(c) Any reliance upon any advice, opinion, statement or other information displayed or distributed through the Site is at your sole risk. Neither Company nor its affiliates shall have any liability arising from your reliance upon the information provided on the Site.

(d) YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) OR PRODUCTS ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE.

(e) WE MAKE NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITE OR ANY SITE LINKED TO THE SITE. We will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on our equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Site. For more information, visit manningenvironmental.com/policies/privacy/

 15 . Indemnification.

You agree to indemnify and hold Company and its parent companies, subsidiaries and affiliates, and their respective officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, violation of these Terms of Use, or the infringement by you, or any other user of your member name, of any intellectual property or other right of any person or entity.

 16 . Order Validation.

After you place an order, we will check the information you give us for validity, either by verifying your method of payment or shipping address. If this is unsuccessful, you may receive an email or phone call requesting information to verify your purchase from our team. We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will attempt to notify you using the e-mail address and/or phone number you provided with your order. Should this occur, you will receive a refund for the order that was placed.

 17 . Applicable Laws.

Company operates the Site from its offices in Texas and makes no representations that materials in the Site are appropriate or available for use in other locations. Access to the Site from any territory where the content is illegal is prohibited. If you choose to access the Site from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. The display of the Site alone does not subject Company to any specific jurisdiction. You may not use or export any of the Site materials in violation of U.S. export laws and regulations. Any claim related to the use of the Site or to the Site materials shall be governed by, construed and enforced in accordance with the laws of the State of Texas as applied to agreements made and to be performed entirely therein. Any action brought to in connection with the Site or Site content shall be brought in either the state or federal courts with jurisdiction in Williamson County, Texas.

 18 . Questions; Contact Information.

Any questions regarding these Terms of Use should be directed to: questions@manning-enviro.com . If you have any other questions about our products or services, please send your questions to the appropriate department email or questions@manning-enviro.com  and we will try to respond in a reasonable timeframe.

 19 . Email May Not Be Used to Provide Notice.

Communications made through the Site’s email and messaging system shall in no way be deemed to constitute legal notice to Company or any of its officers, employees, agents or representatives, such as where notice to Company is required by contract, or any federal, state or local laws, rules or regulations.

 20 . General Information.

The Terms of Use constitute the entire agreement between you and the Company and govern your use of the Site. The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the applicable provision and the other provisions of the Terms of Use shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.