Terms of Service

Effective Date: January 1, 2019

Please read the following carefully as it governs your use of the Web pages hosted by Absolute Environmental Solutions, LLC (“AES”, “we”, “us”). By accessing or using the Site, you expressly agree and consent to the following terms and conditions. If you do not accept the terms and conditions stated here, do not use the Absolute Environmental Solutions, LLC website.


  1. SCOPE OF AGREEMENT.

    These Terms of Use apply to any User who accesses the Site. A "User" includes anyone who consumes of uses any of our products or tools on our Site. These Terms of Use apply to all content and services made available through the Site, including those not available as of the "Effective Date” above.


  2. USE OF SITE CONTENT AND MATERIALS.

    No print out or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances. Your license for access and use of the Site and any information, materials or Documents therein (collectively defined as "Content and Materials") are subject to the following restrictions and prohibitions on use: You may not
    (a) copy, print (except for the express limited purpose permitted), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved therefrom without AES's express written permission;
    (b) use the Site or any materials obtained from the Site to develop, or as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. To the extent you use or obtain contract, application, agreement or other Content and Materials from AES, its licensors or the Site, all such information is intended by AES to be directed at individual consumers and not employers or organizations and is provided for personal use by individual consumers only.


  3. SITE RULES.

    1. In order to provide a welcoming and productive community on our Site and to improve the safety and security of our Site, we require that you adhere to the following rules:
    (a) Do not violate or attempt to violate the security of the Site.
    (b) Do not access data not intended for your use.
    (c) Do not use the Site to advertise or offer to sell or buy any goods or services.
    (d) Do not use the Site for any unlawful purpose or in any manner that would violate international, federal or local laws or regulations, that would infringe any intellectual property rights or in a manner that is defamatory, obscene, abusive or hateful.
    (e) Do not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    (f) Do not attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing".
    (g) Do not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
    (h) Do not send SPAM or commercial emails of any kind and do not send any unsolicited e-mail to individuals, entities or AES Users.
    (i) Do not forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    (j) Do not attempt to or actually access the Site by any means other than through the interfaces provided by the Site or by navigating to AES using a web browser. This prohibition includes accessing or attempting to access the Site using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including AES.
    (k) Do not use manual or automated software, devices, script robots, other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in or on the Site.
    (l) Do not utilize or copy information, content or any data you view on and/or obtain from the Site to provide any service that is competitive, in AES's sole discretion, with the Site.
    (m) Report inappropriate postings or conduct to AES.
    2. Your violation of any of these Rules may result in civil or criminal liability. AES will investigate occurrences relating to such violations and may involve and cooperate with law enforcement authorities in prosecuting Users involved in such violations. If AES determines you misled AES or violated these rules or the Terms of Use, we reserve the right to terminate this Agreement and your use of the Site. AES is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported. It is your responsibility to ensure that your use of the Site complies with these Terms of Use and all applicable laws.


  4. REPRESENTATIONS AND WARRANTIES.

    1. No Representations or Warranties by AES. AES makes no representations or warranties with respect to these pages, their Content and Materials (including, without limitation, material communicated by third parties) or communications from Customer Service representatives, all of which are provided on an "as is" and "as available" basis. AES disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose. AES makes no representations or warranties that the services provided by these pages or any customer service representatives will be uninterrupted or error-free, that defects will be corrected or that the pages or the server that makes them available are free from viruses, worms or other harmful components. If your use of the Site results directly or indirectly in the need for servicing or replacing equipment or data, AES is not responsible for those costs. AES also makes no representations or warranties as to whether the information accessible via these pages or customer service representatives, including information posted by Users or third parties, is accurate, complete, current, reliable or truthful. AES assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
    2. Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, experience, recruiting, hiring or otherwise. No advice or information obtained by any User from AES or its personnel shall create any warranty not expressly provided for in this Agreement. You agree that any reliance on materials/information posted by Users or on any other form of communication with Users will be at your own risk.
    3. No Guarantee of Results. AES makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting objectives of Users.
    4. User Representations and Warranties. You hereby represent and warrant that you (i) are using the Content and Materials solely for your own personal use and not for any business or research purpose; (ii) are not a human resource specialist, researcher, hiring manager or other similar employee of a business or organization that is accessing employment hiring or firing Content and Materials for use in your job duties or for the benefit of your employer or organization; (iii) will not use the Content and Materials for commercial purposes and will not aggregate, redistribute or otherwise transmit the Content and Materials to any other individual or entity; and (iv) will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law.


  5. LIABILITY DISCLAIMER.

    YOU EXPRESSLY UNDERSTAND AND AGREE THAT AES AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES, SERVICES, AND CONTENT AND MATERIALS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA (INCLUDING, WITHOUT LIMITATION, ANY DOCUMENTS WRITTEN OR CREATED BY AES, AND ANY OTHER USER INFORMATION PROVIDED IN CONNECTION THEREWITH) OR OTHER INTANGIBLE LOSSES (EVEN IF AES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
    AES RESERVES THE RIGHT AT ANY TIME TO MODIFY OR DISCONTINUE, TEMPORARILY OR PERMANENTLY, THE SITE (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE. YOU AGREE THAT AES SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SUCH MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IF ANY LIMITATIONS ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN AES'S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S. $50.00 IN THE AGGREGATE. IN NO EVENT SHALL AES (ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THESE PAGES), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US $50.00. IF ANY PART OF THE EXCLUSIONS OF DAMAGES OR LIMITATIONS OF LIABILITY SET FORTH HEREIN IS UNENFORCEABLE UNDER APPLICABLE LAW, AES'S AGGREGATE LIABILITY RELATED THERETO WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
    BECAUSE USER AUTHENTICATION OVER THE INTERNET IS DIFFICULT, AES CANNOT AND DOES NOT CONFIRM EACH USER'S IDENTITY. WE ARE NOT INVOLVED IN USER-TO-USER DEALINGS NOR DO WE CONTROL THE BEHAVIOR OF PARTICIPANTS ON ANY SITE. THEREFORE, IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE AES (AND OUR AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL AND DIRECT AND INDIRECT) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."


  6. PROPRIETARY RIGHTS.

    1. The Site and all right, title and interest in and to the Site is the sole property of AES and/or its licensors, and is protected by U.S. copyright and international treaties. AES reserves for itself and its licensors all other right, title and interest. The "look" and "feel" of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are protected by AES's trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners. You agree that the Site and any software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further agree that content, including any tests and/or reports, contained in advertisements or information presented to you through the Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by AES or its advertisers (as applicable), you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. AES also reserves the right to use its work, including, without limitations, any Documents written by AES, in instructional or promotional material subject to the Privacy Policy.
    2. Claims of Copyright Infringement. If you have a good faith belief that materials available on the Site infringe your copyright, send AES a notice requesting that we remove the material or block access to it.


  7. FITNESS FOR USE.

    AES makes no representation that materials on these pages are appropriate or available for use in any particular location. Those who choose to access these pages do so on their own initiative and are responsible for compliance with local laws.


  8. BINDING ARBITRATION.

    THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. As precursor to arbitrate any dispute, you must first contact AES by email at info@aesinspect.com, so that we can work to resolve the dispute. Similarly, we must first contact you at the most recent email address that we have on file for you before bringing a dispute to arbitration. In the event that we cannot resolve a dispute within sixty (60) days of notification by either party or if AES is unable to reach you, you do not respond to our efforts to contact you or you fail to engage in good-faith settlement discussions with AES, then the following procedures shall apply. All disputes arising under or relating to this Agreement shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of this Agreement. The Supplementary Procedures are available online at www.adr.org. To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. Any in-person appearances requested by the arbitrator shall be held in Lansing, MI. The arbitrator's decision shall be based upon the substantive laws of the State of Michigan without regard to its principles of conflicts of law. Arbitration proceedings shall be conducted in English and shall be conducted in a manner that preserves confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final and binding. The award rendered by the arbitrator(s) may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, AES may seek injunctive relief in U.S. state or federal courts for protection of its intellectual property rights (including the rights of its licensors), and you agree to exclusive jurisdiction by the federal and state courts located in the State of Michigan and waive any jurisdictional, venue or inconvenient forum objections to such courts.


  9. GENERAL TERMS.

    1. Entire Agreement. These Terms of Use constitute the entire agreement between you and AES and govern your use of the Site, superseding any prior agreements between you and AES with respect to the Site. You also may be subject to additional terms and conditions, e.g., our Privacy Policy, as set forth on our Site or when you use or purchase certain other AES services, affiliate services or third-party content or third-party services.
    2. User Remedies. You acknowledge that, except as expressly provided elsewhere in this Agreement, your only right with respect to any dissatisfaction with any modification or discontinuation of service made by AES or any policies or practices in providing this Site or our products, including without limitation any change in content or any change in the amount or type of fees or charges associated with our products, is to cancel your subscription or user account, as applicable. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the AES's services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of AES's services or any content or other material used or displayed through AES's Sites.
    3. Choice of Law and Forum. The Terms of Use and the relationship between you and AES shall be governed by the laws of the State of Michigan without regard to its conflict of law provisions. You and AES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Lansing, Michigan.
    4. Indemnity. You agree to defend, indemnify, and hold harmless AES (and its officers, directors, employees and agents) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from or in connection with your use of the Site, Documents posted by you on the Site or distributed by you through the Site or your breach of this Agreement. AES shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding. 5. Waiver and Severability of Terms. The failure of AES 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 by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
    6. Statute of Limitations. 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 Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
    7. Amendment. AES reserves the right to update or amend these Terms of Use at any time without notice by posting Updated Terms of Use to this web page, so you should visit this page often.
    8. Term and Termination. This Agreement is effective until terminated. AES, at its sole discretion, may terminate your access to or use of the Site, at any time and for any reason. Such termination may happen without prior notice. AES shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files and shall not be required to make such information or files available to you after any termination. Sections 6-14 shall survive such termination.
    9. Filtering. Please note that parental control protections (such as computer hardware, software or filtering services) are commercially available that may help you to limit access to material that is harmful to minors. Information on these types of parental controls is available at GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). AES does not endorse any of the products or services listed at these sites.
    10. Notice. For purposes of service messages and notices about the services to you, notice shall consist of an email from AES to the email address associated with you, regardless of any other information we may have. AES also may, at its option, communicate with you through other means including email, mobile number, telephone, or delivery services including the US Postal Service about your account or services associated with AES. AES shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, liability your failure to receive important information about our services.
    11. Customer Service. As part of the services AES offers, we may make live customer service agents available to our Users to discuss transactional or other issues telephonically or through electronic or written communications. Customer Service Representatives are not permitted and do not have authority to bind the company or to contravene these Terms of Use. In addition, AES expressly disclaims any liability for information provided by its customer service representatives to the extent the information is beyond or inconsistent with information set forth herein.
    12. Section Titles. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.
    13. Privacy Information. AES recognizes the importance of protecting the information that we collect from customers during the process of using the AES site. For further information, please review our complete Privacy Policy which is fully incorporated by reference into these Terms of Use. If you have questions about any of the provisions described above, please contact us at info@aesinspect.com.