Last Revised on 09/21/2022
Agreement to Terms
Because we constantly improve the Services, we may change or discontinue any part of the Services, at any time and without notice.
Signing Up for the Services
You must be at least 18 years old to use the Services.
Before you can use the Services, you must create an account with access credentials to log into the Services. Your employer or other party that has contracted with ESA for access to the Services (“Customer”) will configure your account as an authorized user of the Services (“Authorized User”) by granting you specific permissions within the Services. You are responsible for all activities that occur under your account, whether or not you know about them, so please keep your access credentials secret.
Environmental Science Associates®, ProjectFirma®, and other trademarks and logos that we use are trademarks of Environmental Science Associates. Any third-party trademarks that appear on the Services are the property of their respective owners. You may not use any of these trademarks without express written permission from ESA or their owners.
- disclose any of the Confidential Information (defined below), data or other Materials you access through the Services for any purpose except as necessary to perform your obligations as an Authorized User;
- copy, modify or create derivative works or improvements of any component of the Services or Materials not freely available under the Affero General Public License (AGPL), version 3;
- access or use any component of the Services or Materials not freely available under the AGPL for purposes of competitive analysis of the Services or Materials, or for the purpose of developing a similar or competing software service or product;
- reverse engineer, disassemble, decompile, or decode the source code of any component of the Services or Materials not freely available under the AGPL (if any);
- bypass or breach any security device or protection used by the Services, or permit access to the Services other than by an Authorized User through the use of his or her own Access Credentials (including access by an individual who is no longer an Authorized User);
- upload or transmit any information or materials that contain or activate any technology (such as viruses or malware) that permits unauthorized access to or impedes the Services or ESA’s IT infrastructure, or may cause harm to other current or future Authorized Users;
- remove or alter any intellectual property notices from any Services or Materials; or
- access or use the Services or Materials in any manner that infringes or violates any intellectual property or privacy right or other right of any third party or that violates any applicable law
By accessing and using the Services, you may encounter confidential information owned by ESA, including information relating to ESA’s technology, trade secrets, know-how, business operations, plans, strategies, customers, and pricing, and personal information (“Confidential Information”), in each case whether or not marked, designated or otherwise identified as “confidential.” You agree that you shall: (a) not access or use Confidential Information other than as necessary to perform your obligations as an Authorized User; (b) not disclose or permit access to Confidential Information to any third party; and (c) safeguard the Confidential Information from unauthorized use, access or disclosure using at least the degree of care you use to protect your own confidential information (in no event less than a reasonable degree of care).
By using the Services, you agree to receive certain electronic communications from us, whether through the Services or by email. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails and other communications between you and ESA may be recorded.
Copyright Infringement Notice Procedure
ESA respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Services in a way that constitutes copyright infringement, then please contact us at firstname.lastname@example.org and provide the following information:
- A description of the copyrighted work that you believe has been infringed;
- A description of what the allegedly infringing work is;
- A description of the location where the allegedly infringing work is located on the Services;
- An address and phone number where you can be contacted, including an email address if possible;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and
- A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.
Consult your legal advisor before filing an infringement notice, because there can be penalties for false claims.
We reserve the right in our sole discretion to (i) terminate your account, (ii) delete any of your content (subject to ESA’s obligations to its customers), (iii) restrict your use of all or any part of the Services, and (iv) modify or discontinue the Services (or any part of the Services), for any or no reason, without notice, and without liability to you or anyone else. We also reserve the right to block users from accessing or posting content to the Services by using any technology available, such as blacklisting certain IP addresses or device numbers.
EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN A SEPARATE WRITTEN AGREEMENT BETWEEN CUSTOMER AND ESA, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE SERVICES AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE.
Limitation of Liability and Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ESA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY.
IN NO EVENT WILL ESA’S TOTAL LIABILITY TO INDIVIDUAL USERS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR MATERIALS EXCEED $1,000.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between ESA and you.
The rights and liabilities of the parties arising out of or relating to this agreement will be governed by the laws of the State of California, exclusive of choice of law remedies. Any litigation between the parties will be conducted exclusively in state or federal courts in California.
- Limitations on Claims. Any cause of action or claim you may have with respect to ESA or the Services (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
Environmenal Science Associates
550 Kearny St, Suite 800
San Francisco, CA 94108