Terms

TERMS OF USE
Updated February 10, 2020

Kaltech Environmental Services, LLC Terms of Use
These Terms of Use apply to our online and mobile websites, services, and applications (the “Site”). 

We have created these Terms of Use as the legally binding terms to govern your use of this Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations.

1. Your Acceptance of Terms. If you do not agree with any of these Terms of Use please do not use this Site. By using this Site you will be deemed to have irrevocably agreed to these terms in their entirety. 

Some areas of this Site may be subject to additional terms and conditions, which you should read carefully and understand how they apply to you before making any use of those areas. Such additional terms will not change or replace these Terms of Use regarding use of this Site, unless otherwise expressly stated. 

Please note that we reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use without notice at any time by updating this posting. You should visit this page regularly to review the current Terms of Use. Your continued use of the Site will be deemed as irrevocable acceptance of any changes. 

By using the Site, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed these Terms of Use with your parent or guardian and he or she agrees to these Terms of Use on your behalf and takes full responsibility for your compliance with them.  You agree that you (and/or your parent or guardian) are fully able and competent to enter into and comply with these Terms of Use. 

We reserve the right to restrict, suspend, terminate or refuse your access to or use of the Site, in whole or in part, without notice, in our sole discretion.

2. How to Contact Us. This Site is controlled and operated by Kaltech Environmental Services, LLC, 55 Broad Street, New York, NY 10014. The phone number is (212) 887-1268. Please send any complaints, questions or general correspondence to service@kaltech.us.com. 

3. Your Registration. To access a Site or some of the resources it has to offer, you may be asked to provide registration details. If so, it is a condition of use of the Site that all the details you provide be correct, current, and complete. If we believe the details are not correct, current, or complete, we have the right to refuse you access to the Site, or any of its resources, and to restrict, suspend, or terminate your account. 

4. Online Privacy Notice. Your privacy is important to us. To help protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. Go to kaltech.us.com/privacy-policy to read this notice, which forms part of these Terms of Use. Your use of the Site and acceptance of these Terms of Use, constitute your acceptance of the practices set forth in this privacy notice.

5. Trademarks and Copyrights. This Site and content and materials on this Site ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the logos or other images on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Kaltech Environmental Services, LLC, its member companies or others ("Trademarks"). 

6. Your Use of Material. Your right to make use of this Site and any Material appearing on it is subject to your compliance with these Terms of Use. Modification or use of the Material on this Site for any purpose not permitted by these Terms of Use may be a violation of the Copyrights and/or Trademarks and is prohibited. 

The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by us. The use of any Materials on any other website, app, service, computer environment, or media, other than a Site, is prohibited.  
In addition, you agree not to:

• Bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Site or Material, including, but not limited to, any digital rights management functionality;
• Remove any proprietary notices or labels, including copyright notices, on the Material;
• Decompile, reverse engineer, disassemble, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited;
• Use the Site for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. 

You agree to use the Site at your sole risk and that we shall not have any liability to you for the type of Material that you may access, including without limitation Material that you may find offensive, indecent, or objectionable. We do not warrant the truth or validity of any information provided via the Site.

Material on the Site is limited to users in the United States and US territories. Your device IP address is tested by the Site so that we can determine whether you are located in the United States or US territories.

7. Disclaimer of Warranties. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, KALTECH ENVIRONMENTAL SERVICES, LLC, AND ANY MEMBER COMPANIES, SUBSIDIARIES OR AFFILIATED COMPANIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. KALTECH ENVIRONMENTAL SERVICES, LLC, DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KALTECH ENVIRONMENTAL SERVICES, LLC, DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT IN THE SITE OR ANY WEBSITES, APPS, OR SERVICES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. KALTECH ENVIRONMENTAL SERVICES, LLC, MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT IN THE SITE OR ANY WEBSITE, APP, OR SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND KALTECH ENVIRONMENTAL SERVICES, LLC, ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

8. Limitation of Liability. KALTECH ENVIRONMENTAL SERVICES, LLC DISCLAIMS ALL LIABILITY WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, APP, OR SERVICE REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF KALTECH ENVIRONMENTAL SERVICES, LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF KALTECH ENVIRONMENTAL SERVICES, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. 

9. Please act responsibly when using this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing or transmitting any unlawful material through this Site. You may not collect or store personal information regarding other users. You recognize that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability. 

10. System Abuse. Without limitation, you agree not to send, create or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in "spamming"(i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource, contained on this Site.

11. Security. Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). We shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that we consider insecure, we will be entitled to require this to be changed and/or terminate your account. 
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

12. Service. In order to use this Site, you must obtain access to the World Wide Web or a mobile network and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web or mobile network (including a computer or other device, modem and/or other access devices). 

We reserve the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.

13. Local Regulations. We make no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk. 

You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

14. Indemnity. You agree to indemnify and hold harmless Kaltech Environmental Services, LLC and its officers, directors, employees, agents, distributors, member companies and its and their affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney's fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of your account. 

15. Third-Party Sites. This Site may link you to other sites on the Internet or any other application or service. These sites, apps, and services may contain information or material that some people may find inappropriate or offensive. These other sites, apps, and services are not under the control of Kaltech Environmental Services, LLC, and you acknowledge that (whether or not such sites are affiliated in any way with Kaltech Environmental Services, LLC or its member companies) Kaltech Environmental Services, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, apps, or services. The inclusion of such a link does not imply endorsement of any site, app, or service by Kaltech Environmental Services, LLC or any association with its operators or member companies. 

16. Proprietary Online Services. Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.

17. Governing Law. The Materials and all other content and features on this Site are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates.
These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as they are applied to agreements entered into and to be performed entirely within New York. 

18. Disputes/Arbitration. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT

If a dispute arises between you and us, you agree to provide us with notice of the dispute via email to service@kaltech.us.com. Upon our receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this Section.

With the exception of class actions (further discussed in Section 19), claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), and claims of piracy or unauthorized use of the Site, any dispute of any kind between you and any of our Companies arising under these Terms of Use or in connection with your use of the Sites (“Dispute”), if unresolved through informal discussions within sixty (60) days of receipt of notice, shall be resolved by binding arbitration in the state in which you reside.  
Both parties reserve the right to seek a preliminary injunction or temporary restraining order from a federal or state court in the United States.  However, after such request for relief has been heard by such court, the remainder of the Dispute will be resolved by binding arbitration as set forth herein.  We reserve the right to demand any remedy for violations of these Terms of Use and/or any other rules and regulations set forth on the Sites, including without limitation the right to block access from a particular Internet protocol (IP) address.

Any arbitrator proceeding over a Dispute shall be a retired judge or justice of any state or federal court with substantial experience in the subject matter relevant to the matter in dispute and shall follow California law in adjudicating the dispute.  The parties agree that an arbitrator proceeding over a Dispute shall be instructed, whenever practicable, to resolve threshold legal issues by way of motions filed by the parties.  The parties also agree that they will follow JAMS’s streamlined arbitration rules and procedures then in effect in arbitrating any Dispute, except to the extent that the JAMS rules are inconsistent with this Agreement or the class action waiver described below.  The JAMS rules are available at www.jamsadr.com.   
The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

If the claim you wish to assert against us is less than $10,000, then, at your election, (i) the arbitration may proceed in-person, by telephone, or by written briefs or (ii) you may in lieu of arbitration   bring your claim in small claims court.  If either party files a claim in state or federal court that is required by this Agreement to have been brought to arbitration, then the other party shall be entitled to his/her/its reasonable attorneys' fees incurred in successfully compelling arbitration. 

To the extent the filing fee for the arbitration exceeds the cost of the filing fee for a lawsuit, Kaltech Environmental Services, LLC will pay the additional cost of the filing fee.

 
19. Class Action Waiver. The parties agree that they will resolve their Disputes on an individual basis, and that any claims brought under this agreement or in connection with the Sites must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.  The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under this agreement or in connection with the Sites.  If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in state or federal court in New York County in the state of New York.

20. Severability. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. 

21. Claims of Infringement. If you believe that any content appearing on this Site infringes your copyright rights, we want to hear from you. Please forward the following information in writing to the service@kaltech.us.com:

(a) your name, address, telephone number, and email address; 
(b) a description of the copyrighted work that you claim has been infringed;  
(c) the exact URL or a description of each place where alleged infringing material is located; 
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;  
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and  
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf.