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Terms of Use
Welcome to the MARCOR Environmental, LP ("MARCOR") website (the "Site")! MARCOR provides this Site to you, the user, subject to compliance with these terms and conditions. By accessing, browsing or using the MARCOR Site, you acknowledge your acceptance of all such terms and conditions, without limitation or qualification. MARCOR has other general legal policies, including, as applicable, a Privacy Policy which you may review. The Privacy Policy is part of and subject to these Terms of Use, which shall include the Privacy Policy (collectively, the "Agreement").
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY (see Sections 10 and 11) AND AN EXCLUSIVE REMEDY (see Section 11). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
MODIFICATION OF THE AGREEMENT
MARCOR may update or modify this Agreement at any time. Modified or updated versions of this Agreement may be posted on this Site. Your continued use of this Site after posting of updated terms constitutes your acceptance of and agreement to such changes.
CONDUCT
You shall not use the MARCOR Site in any way that is unlawful, or that harms MARCOR or any MARCOR customer. It is a condition of your use of this Site that you do not restrict or inhibit any other user from using and enjoying the MARCOR Site or any MARCOR property, or use the MARCOR Site or any of MARCOR's services to:
- Engage in or encourage conduct that would constitute fraud or any other criminal offense or give rise to civil liability;
- Distribute, post or transmit in any manner any unlawful, threatening, libelous, defamatory, vulgar, obscene, pornographic, profane or otherwise illegal, harmful or objectionable material of any kind;
- Spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any email or other posting;
- Violate or attempt to violate the security of the Site or any MARCOR services;
- Upload any content that contains a software virus, worm, "Trojan Horse" or any other computer code, files, or programs that may alter, damage or interrupt the functionality of the Site or the hardware or software of any other person who accesses or uses the Site;
- Post any material or otherwise use the Site to infringe or violate the intellectual property rights of others in any way;
- Make any attempt to penetrate, modify or manipulate the Site of any of MARCOR's hardware or software in order to invade the privacy of, obtain the identity of, or obtain any personal information about (including but not limited to IP addresses of) any MARCOR customer or user, or modify, erase or damage any information contained on the computer of any user connected to the Site or any of MARCOR's services;
- Upload, post, email or otherwise transmit any materials that you do not have a right to transmit under any law or contract with another party;
- Post or transmit any unsolicited advertising, promotional materials, or other forms of solicitation;
- Alter, damage or delete any content posted on the Site;
- Collect or store personal information about others;
- Hack into or otherwise access (or attempt to access) without authorization any other service, system, account or other property; or
- Assist, enable or permit any persons in engaging in any of the activities described above.
COPYRIGHTS
All content included on this MARCOR Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of MARCOR or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of MARCOR and protected by U.S. and international copyright laws. All software used on this Site is the property of MARCOR or its licensors and protected by United States and international copyright laws. You agree to abide by all copyright notices.
You understand and agree that you are only authorized to visit, view and retain a single copy of pages of the MARCOR Site solely for your own individual, noncommercial use, and that you will not duplicate, download, publish, modify or otherwise distribute any material on the Site for any purpose other than for your own individual, noncommercial use unless otherwise specifically authorized by MARCOR. We post legal notices and various credits on pages of the Site, which may not be removed even in your permitted copy. Accordingly, you agree not to remove these notices or credits, or any additional information contained along with the notices and credits.
TRADEMARKS
Trademarks owned by MARCOR, the MARCOR logo, and all other trademarks, service marks, and trade names of MARCOR appearing on this Site are owned by MARCOR or its licensor(s). MARCOR's trademarks, logos, service marks, and trade names may not be used in connection with any product or service that is not MARCOR's, in any manner that is likely to cause confusion, or in any manner that disparages or discredits MARCOR. All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site are the property of their respective owners.
TERMINATION OF USE
We reserve the rights to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any MARCOR services. We may, in our sole discretion, terminate or suspend your access and use of this Site without notice and for any reason, including for violation of this Agreement or for other conduct which we, in our sole discretion, believe is unlawful or harmful to others. In the event of termination, you are no longer authorized to access the site, and we will use whatever means possible to enforce this termination.
OTHER SITE LINKS
This Site contains hyperlinks to websites operated by persons other than MARCOR. We do not control these websites, and do not review or control their content. Such links are provided solely as a convenience to users and not as an endorsement by MARCOR of the contents of such third-party websites. MARCOR is not responsible for the content at linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. These links are not an endorsement of products, services or information, and do not imply an association between MARCOR and the operators of the linked websites. You are solely responsible for determining the extent to which you may use content at any other websites to which you may link from this Site.
POLICY ON SPAMMING
You specifically agree that you will not utilize email addresses obtained through use of the MARCOR Site to transmit the same or substantially similar unsolicited message to 10 or more recipients in a single day, nor 20 or more emails in a single week (consecutive 7-day period), unless it is required for legitimate business purposes. MARCOR, in its sole and exclusive discretion, will determine violations of the limitations on email usage set forth in this Agreement.
INFORMATION YOU SUBMIT
We use the email address and other information you submit to us at our Contact Us page and other pages we may add from time to time, to respond to your inquiries for information or requests for services. You understand that MARCOR has no obligation to monitor the MARCOR Site. Nonetheless MARCOR reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request or avoid liability.
When you fill out forms online and use some areas of our Site, you agree to provide MARCOR current, complete, true and accurate information as required to complete the online form. You agree not to use a false or misleading name or a name that you are not authorized to use. If we suspect that such information is untrue, inaccurate, not current or incomplete, we may refuse you access to our services, and pursue any appropriate legal remedies.
We take no responsibility and assume no liability for any content posted by any third party.
WARRANTY DISCLAIMER
YOU ACCESS AND USE THE MARCOR SITE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR NON-MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INTELLECTUAL CONTENT, OR SYSTEM INTEGRATION. MARCOR DOES NOT WARRANT THAT THE INFORMATION ON THIS SITE IS CORRECT, ACCURATE OR RELIABLE. MARCOR DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED OR ANY RESULT TO BE OBTAINED FROM USING THE SITE. IN ADDITION, MARCOR DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MARCOR SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE MARCOR SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MARCOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MARCOR FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE MARCOR SITE, ANY MARCOR SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
INDEMNITY OF MARCOR
You agree to indemnify and hold MARCOR harmless, and, at MARCOR's request, to defend MARCOR from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys' fees, to the extent that such action is based upon, arises out of, or relates to: (i) your use of (or inability to use) the Site, (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you of any intellectual property or other rights of any other person or entity; or (iv) any other activities of yours accomplished using the MARCOR Site. You agree to cooperate as fully as may be reasonably possible in the defense of any such claim. MARCOR reserves the right to assume, at its own expense, the exclusive defense and control of any matter otherwise subject to indemnification by you. You in turn shall not settle any matter subject to this indemnity without the written consent of MARCOR.
APPLICABLE LAWS
This Site is controlled by MARCOR from its offices within Maryland and the substantive laws of Maryland will govern these disclaimers, terms, and conditions, without regard to any conflict of laws provisions. MARCOR makes no representation that materials in the MARCOR Site or the MARCOR services are appropriate or available for use in other locations or territories where their content or use is illegal or prohibited. Users accessing this MARCOR Site from other locations are responsible for compliance with applicable local laws.
GENERAL
No delay or failure to take action under such terms and conditions will constitute a waiver by MARCOR unless expressly waived in writing by a duly authorized officer of MARCOR.
BY USING OR ACCESSING THE MARCOR WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE.

