Use of the Website Constitutes Acceptance. Please review this Agreement carefully. By using the Website, you agree to be bound by this Agreement, as if it were printed on paper and signed by you. If you do not agree to be bound by this Agreement, then you must not use the Website. In addition, when using the Website, you will be subject to any posted policies, guidelines or rules applicable to use of the Website, including those stated in the Privacy Notice. All such policies, guidelines and rules are hereby incorporated by reference into this Agreement.
Changes to this Agreement. VNA may remove, amend or replace any provision of this Agreement at any time by posting such changes on the Website. These changes will become effective immediately.
Content License. VNA grants you a revocable, nontransferable, nonexclusive license to download copies of articles, contact information and other content provided on, or through access to, the Website (“Content”), solely for your individual or non-commercial use; provided, that you do not (a) remove any copyright notice, trademark notice or other intellectual property notice from any copy of any Content, or (b) distribute, sell, or prepare derivative works of any Content. You agree that you will promptly remove any hyperlink from your own website to the Website upon written request from VNA to do so. In no event will you use VNA’s logo or any other trademark as a hyperlink “button” or in any manner without Veolia’s express written consent.
Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Website and the Content.
Indemnification. VNA provides the Website and all Content solely as an accommodation to you, and VNA and each VNA Affiliate will not accept any risks arising from your use thereof. As such, you will indemnify, defend and hold harmless VNA, each VNA Affiliate, and their respective partners, employees, vendors and agents, from and against any and all claims that arise from or relate to: (a) your use of the Website or any Content or (b) your breach of any provision of this Agreement.
Content Ownership. All of the Content, including, without limitation, all text, graphics, video and sounds on the Website, and all computer code associated therewith, is and shall continue to be the property of VNA or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any Content or any part of the Website is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any Content by or through your use of the Website.
Complaints. If you wish to make any complaint regarding any Content then please contact us at:
Veolia North America
53 State Street
Boston, MA 02109
Ph: (617) 849-6600
Limitations of Liability
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. VNA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL VNA BE RESPONSIBLE FOR DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM THE USE OR RELIANCE UPON THE CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE AND THE CONTENT SHALL BE TO DISCONTINUE USING THE WEBSITE AND THE CONTENT.
EXCEPT AS REQUIRED BY ANY APPLICABLE MANDATORY LAW, IN NO EVENT WILL VNA OR ANY VNA AFFILIATE, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE WEBSITE, OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY LOSS OF PROFITS, DATA, OPPORTUNITY, SAVINGS OR INTEREST, OR ANY PENALTIES OR ASSESSMENTS IMPOSED UNDER APPLICABLE TAX LAWS OR OTHERWISE, UNDER ANY THEORY, WHETHER A CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, EVEN IF VNA, OR ANY VNA AFFILIATE, OR ANY OF THEIR RESPECTIVE PARTNERS, EMPLOYEES, VENDORS OR AGENTS HAS BEEN ADVISED OF THE LIKELIHOOD THEREOF.
Jurisdiction. This Agreement will be governed by the laws of the State of New York, without regard to its rules of conflict of laws, except New York General Obligations Law § 5-1401. The state and federal courts located in Suffolk County, Massachusetts, will have exclusive jurisdiction over any case or controversy arising from or relating to this Agreement or the Website. Each party hereby consents irrevocably to personal jurisdiction in such courts with respect to any and all such matters, and waives any defense of forum non conveniens with respect to such courts. Notwithstanding the foregoing, either party may seek appropriate injunctive relief from any court having jurisdiction. EACH PARTY WILL AND HEREBY DOES KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY CASE OR CONTROVERSY ARISING FROM OR RELATING TO THIS AGREEMENT.
Assignment. Your rights and obligations under this Agreement are personal to you and may not be assigned to any other party. Any purported assignment by you of this Agreement or any of your rights or obligations hereunder shall be null and void.
Waiver. VNA will not, nor will any VNA Affiliate, be deemed to have waived any breach by you of this Agreement, except by a written waiver expressly so stating, and such waiver will not be construed as a waiver of subsequent or continued breaches.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability will be limited to the maximum extent permissible, and the other provisions of this Agreement will remain in full force and effect.
Termination. VNA may terminate this Agreement or your use of the Website at any time, with or without notice, for any reason.
Complete Understanding. This Agreement constitutes the final and complete agreement between the parties regarding the subject matter hereof, and supersedes any prior or contemporaneous communications, representations or agreements between the parties relating to the subject matter hereof.
“Veolia” and the Veolia logo are trademarks of VNA.