Website Terms of Use

These Website Terms of Use (the “Terms”) govern your use of www.remediant.com (the “Site”) that is owned by Remediant, Inc. (“Remediant”, “we”, “us”, or “our”). By accessing, using, or downloading materials from this Site you agree to follow and be bound by these Terms. Please note, if you have entered into any agreement for our Services, in case of a conflict between these Terms and that agreement, the agreement will take precedence.

Use of Our Services

Before you use our Services you must read and agree to our terms and conditions through a separate agreement and our Privacy Policy and any other agreement that is required by us. All rights, title, and interest not expressly granted are reserved.

Children Under the Age of 13

Our Services is not intended for anyone under 13 years of age. We do not collect knowingly collect information from children under 13 years of age. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at legal@remediant.com.

Links to Third-Party Sites

This Site may contain hyperlinks to websites controlled by parties other than Remediant. Remediant is not responsible for and does not endorse or accept any responsibility over the content or use of these websites. Do not open an account with such third parties unless you have read, understand and agree to the privacy policy of such other third-parties.

Copyright Infringement/DMCA Notice

If you believe that any content on our Site or Service violates your copyright, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512© (“DMCA Takedown Notice”) must be provided to our designated Copyright Agent.

• Your physical or electronic signature;
• Identification of the copyrighted work(s) that you claim to have been infringed;
• Identification of the material on our services that you claim is infringing and that you request us to remove;
• Sufficient information to permit us to locate such material;
• Your address, telephone number, and e-mail address;
• A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

The mailing address for Remediant Designated Copyright Agent to receive DMCA Takedown Notices is Two Embarcadero Center, Floor 8, San Francisco CA-94111. You may also email our Designated Copyright Agent at legal@remediant.com. You acknowledge that for us to be authorized to take down any content, your DMCA takedown notice must comply with all the requirements of this Section. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Disclaimer of Warranties and Limitation of Liability

The information, software, products, and services contained on this Site may be out of date or include omissions, inaccuracies or other errors. Except where expressly provided otherwise in an agreement between you and Remediant, all information, software, products, and services are provided “as is” without warranty of any kind. Remediant hereby disclaims all warranties with respect to this information, software, products, and services, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall Remediant be liable for any direct, indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in action in contract or tort, arising from your access to, or use of, this website or any other hyperlinked site. All comments, feedback, information, or materials submitted to us by you through or in association with this Website shall be considered non-confidential and our property. By submitting comments, feedback, information, or materials to Remediant, you agree to a free assignment to Remediant of all worldwide rights, title, and interest in copyrights and other intellectual property rights to the comments, feedback, information or materials. Remediant shall be free to use such comments, feedback, information, or materials on an unrestricted basis. Remediant reserves the right to make changes or updates to this website or the products or programs described in this website at any time without notice.

YOU FURTHER EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, REMEDIANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. REMEDIANT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMEDIANT SITE; ITS SERVERS; OR E-MAIL SENT FROM REMEDIANT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REMEDIANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE REMEDIANT SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE REMEDIANT SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing Law, Arbitration, and Jurisdiction

All matters relating to your access to, or use of, this Site shall be governed by U.S. federal law or the laws of the State of California.

Any dispute, claim or controversy arising out of or relating to these Terms and Conditions, including the determination of the scope or applicability of these Terms and Conditions to arbitrate, shall be determined by arbitration in the State of California before one arbitrator. The arbitration shall be administered by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Judgment on the Award may be entered in any court having jurisdiction. ANY ARBITRATION UNDER THESE TERMS AND CONDITIONS SHALL TAKE PLACE ON AN INDIVIDUAL BASIS. THE PARTIES AGREE THAT THEY ARE WAIVING THEIR RIGHT TO PARTICIPATE IN CLASS ACTION. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You may not access, download, use, or export the information, software, products or services contained on this website in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

Severability

In the event any provisions of these Terms are found to be contrary to any law or regulation of an administrative or governmental agency or body, such provision will be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. In the event such a provision cannot be modified and becomes invalidated or unenforceable, its invalidation or unenforceability will not affect the validity or enforceability of any other provision of these Terms.

Legal Contacts

If you have any questions concerning legal matters, trademarks, copyrights, or patents, contact Remediant at legal@remediant.com.