from here on referred to as "Terms of Service"
1. How does Maypole work?
“Maypole” means Maypole Environmental Inspections, LLC, having an address at 11 Park Place, 3rd Floor, New York, NY 10007.
“Service” or “Services” means Maypole's products, software, services, and Websites (including but not limited to text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
“Personal Information” is information that can be used to identify you, either alone or in combination with other information. Maypole collects and stores the following types of Personal Information:
“Registration Information” is the information you provide about yourself when registering for and/or purchasing our Services (e.g. name, email, address, user ID and password, and payment information).
“Self-Reported Information” is all information about yourself, including your home or office details and other information that you enter into surveys or forms.
“User Content” is all information, data, text, software, photographs, graphics, videos, messages, or other materials generated by users of Maypole's Services and transmitted, whether publicly or privately, to or through Maypole.
“Web Behavior Information” is information on how you use any Maypole owned Websites (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
2. Acceptance of Terms
Your use of Maypole's Services is subject to the terms of the legal agreement between you and Maypole set forth in these Terms of Service (“TOS”). Except as specified herein, these TOS apply to any use of the Services, including but not limited to a) submitting a swab sample for processing, and/or b) creating and using a Maypole account with or without submitting sample swabs for processing. In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by Maypole for any Service; (2) by clicking “Submit Order” on maypoleinspections.com; or by (3) actually using the Services. In this case, you acknowledge and agree that Maypole will treat your purchase or use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Maypole Services, you shall be subject to any instructions, guidelines or rules applicable to such services. All such instructions, guidelines or rules are hereby incorporated by reference into the TOS. Maypole also may offer other services that are governed by different terms of service. You must read and accept our Terms of Service before using maypoleinspections.com (hereafter, the “Websites”). THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.
3. Arbitration Agreement and Class Action Waiver
You and Maypole Environmental Inspections, LLC agree that this arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration; and that any dispute between us, including disputes by either of us against any agent, employee, subsidiary, affiliate, predecessor in interest, successor, or assign of the other, will be resolved exclusively and finally by binding arbitration, except for disputes arising from an alleged violation of intellectual property rights or breach of confidentiality, for which the injured party may suffer irreparable harm and may seek a restraining order, preliminary injunctive relief, an injunction, specific performance or other equitable relief and/or legal remedies, and actions to enforce the decisions of the arbitrators, for which action may be taken in any court of competent jurisdiction. BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL. In arbitration, a dispute is resolved by a neutral arbitrator or panel of arbitrators, rather than by a judge or jury. Arbitration is more informal, however, an arbitrator can award the same relief that a court can award. The arbitration will be administered by the American Arbitration Association (“AAA”), and conducted under AAA’s Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, the “AAA Rules”) then in effect at the time of the dispute. You may obtain copies of the AAA Rules and forms and instructions for initiating an arbitration by visiting the AAA website at www.adr.org, or by calling AAA at (800) 788-7879. If for any reason the AAA is unavailable, the parties shall mutually select another arbitration forum. If you initiate an arbitration, Maypole Environmental Inspections, LLC will promptly reimburse you for any standard filing fee which may have been required under AAA’s Procedures once you have notified Maypole Environmental Inspections, LLC in writing and provided a copy of the arbitration proceedings. However, if Maypole Environmental Inspections, LLC is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Maypole Environmental Inspections, LLC, including the filing fee. There shall be no right or authority for any claim to be arbitrated on a class action basis or in a purported representative capacity. No claim submitted to arbitration is heard by a jury or may be brought as a private attorney general. You do not have the right to act as a class representative or participate as a member of a class of claimants with respect to any claim submitted to arbitration. The arbitrator may not consolidate more than one person’s claims against Maypole Environmental Inspections, LLC and may not preside over any kind of representative or class proceeding against Maypole Environmental Inspections, LLC. You acknowledge that this class action waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If any portion of this class action waiver is limited, voided, or cannot be enforced, then the parties’ agreement to arbitrate shall be null and void and any controversy or claim must be brought exclusively in the state and federal courts in New York. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST MAYPOLE ENVIRONMENTAL INSPECTIONS, LLC IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU HAVE ALREADY PURCHASED A TEST AND YOU DO NOT AGREE TO THE FOREGOING TERMS AND CONDITIONS, YOU MUST TELL US IN WRITING AND RETURN THE TEST TO GET A REFUND. IF YOU HAVE PURCHASED A TEST BY TELEPHONE OR ONLINE FROM US, YOU MUST RETURN THE TEST PURSUANT TO OUR RETURN POLICY AS DESCRIBED FURTHER HEREIN IN SECTION 6.
1. You may not use the Services and may not accept the TOS if (1) you are not of legal age to form a binding contract with Maypole, or (2) you are a person barred from receiving the Services under the laws of the jurisdiction in which you are resident or from which you use the Services.
2. In addition to the conditions above, if you submit sample swabs, you must be eighteen (18) years of age or older to agree to these TOS on behalf of yourself or those for whom you have legal authority to agree.
5. Description of the Services
The Services include access to the Maypole's public Websites (e.g., maypoleinspections.com) and sample swab processing services, including the collection and submission of swab samples. Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. You acknowledge and agree that the Services are provided “AS-IS” and are based on the current state of the art of research and technology in use by Maypole at the time of the purchase or viewing. As research progresses and scientific knowledge and technology evolve, Maypole is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Maypole provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that Maypole may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at Maypole's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Maypole when you stop using the Services unless you are requesting closure of your account. Maypole assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you must provide all equipment necessary to make such Internet connection, including a computer and modem or other access device. You are solely responsible for providing such equipment. You acknowledge and agree that while Maypole may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Maypole at any time, at Maypole's discretion.
6. Risks and Considerations Regarding Maypole's Services
Once you obtain your testing swab results, the knowledge is irrevocable. You should not assume that any information we may be able to provide to you, whether now or as research advances, will be welcome or positive. You should also understand that as research advances, in order for you to assess the meaning of your results, you may need to obtain further services from Maypole or other service providers.
We may not be able to process your sample, and the sample processing may result in errors. If the initial processing fails, Maypole will reprocess the same sample at no charge to the user. If the second attempt to process the same sample fails, Maypole will offer to send another kit to the user to collect a second sample at no charge. If Maypole’s attempts to process the second sample are unsuccessful, Maypole will not send additional sample collection kits and the user will be entitled solely and exclusively to a complete refund of the amount paid to Maypole. If the user resubmits another sample through a future purchase of the service and processing is not successful, Maypole will not offer to reprocess the sample or provide the user a refund. It is important that you follow the instructions provided with your test kit. Failure to follow the instructions provided with the kit may produce an incorrect result.
You should not change your behaviors solely on the basis of information from Maypole.
Maypole's Services are for research, informational, and educational use only. We do not provide medical advice. The results provided by Maypole is for research, informational, and educational use only. The results that we report have not been clinically validated, and the technology we use, which is the same technology used by the research community, to date has not been widely used for surface testing. As a result of the current state of surface testing knowledge and understanding, our Services are for research, informational, and educational purposes only. The Services are not intended to be used by the customer for any diagnostic purpose and are not a substitute for professional medical advice. You should always seek the advice of your physician or other health care provider with any questions you may have regarding diagnosis, treatment, mitigation, or prevention of any disease or other medical condition or impairment or the status of your health.
Maypole does not recommend or endorse any specific course of action, resources, tests, physician or other health care providers, medical devices or other products, procedures, opinions, or other information that may be mentioned on our Websites. Reliance on any information provided by Maypole, Maypole's employees, others appearing on our Websites at the invitation of Maypole, or other visitors to our Websites is solely at your own risk.
Once shipped, test swabs cannot be returned. If you would like to cancel or adjust the number of samples in your test kit, you must do so prior to shipping. To obtain a refund of an un-shipped order, you must contact a Maypole representative. Maypole will credit your charge account with a complete refund of the amount paid to Maypole.
7. User Representations
By accessing Maypole Services, you agree to, acknowledge, and represent as follows:
1. You understand that information you learn from Maypole is not designed to diagnose, prevent, or treat any condition or disease or to ascertain the state of your health and that you understand that the Maypole services are intended for research, informational, and educational purposes only. You acknowledge that Maypole urges you to seek the advice of your physician or other health care provider if you have questions or concerns arising from your results.
2. You give permission to Maypole, its contractors, successors and assignees to process the results from your swab samples and you specifically request Maypole to disclose the results of analyses performed on your sample(s) to you and to others you specifically authorize.
3. You represent that you are eighteen (18) years of age or older if you are providing a swab sample or accessing your sample results.
4. You are guaranteeing that any sample you provide is of your space and all signatures, and information on the Sample Data Sheet are true; if you are agreeing to these TOS on behalf of a person for whom you have legal authorization, you are confirming that the sample provided will be the sample of that person's space.
5. You are warranting that you are not an insurance company or an employer attempting to obtain information about an insured person or an employee.
6. You are aware that some of the information you receive may provoke strong emotion.
7. You take responsibility for all possible consequences resulting from your sharing with others access to your swab sample results and your Self-Reported Information.
8. You understand that all your Personal Information will be stored in Maypole's databases.
9. Waiver of Property Rights: You understand that by providing any sample, having your swab sample processed, accessing your results, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Maypole or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your results or Self-Reported Information.
You agree that you have the authority, under the laws of the state or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations Maypole has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Maypole and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
8. Account Creation, Customer Account, Password, and Security Obligations
In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information about yourself as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if Maypole has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, Maypole has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
After you have purchased our Service, you may receive your results from Maypole by email. You are responsible for maintaining the confidentiality of your results. If you allow third parties to view your results, you will defend and indemnify Maypole and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify Maypole of any unauthorized use of your results. Maypole cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
9. Maypole Privacy Statement and Disclosure of Information
10. Limited License
You acknowledge that all User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such User Content originated. This means that you, and not Maypole, are entirely responsible for all User Content that you upload, post, email, or otherwise transmit via the Service.
You acknowledge that the Services content presented to you as part of the Services, whether original Maypole Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by Maypole and/or the sponsors who provide that content to Maypole (or by other persons or companies on their behalf). Maypole grants you a Limited License to copy and distribute free of charge, for non-commercial purposes only, any of the Services content with the exception of content marked as not subject to this Limited License on the Websites, provided you: (i) provide the Services content as it appears on the Maypole Websites with no changes including but not limited to presenting selections which might tend to misrepresent the substance of the Services content; (ii) include the following attribution on the first page of any materials you distribute: © Maypole Environmental Inspections, LLC. 2019-2020. All rights reserved; distributed pursuant to a Limited License from Maypole; (iii) agree you have no right to offer anyone else any further right with respect to this Services content. Aside from the Limited License provided in this paragraph, you may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by Maypole or by the owners of that content, in a separate agreement.
11. Customer Conduct – Unlawful and Prohibited Use
As a condition of your use of the Services, you warrant to Maypole that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party’s use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. Furthermore you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with Maypole, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) “stalk” or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (7) upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights (“Rights”) of Maypole or any other party; (8) harm minors in any way; (9) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (10) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (11) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (12) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service; (13) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with Maypole; or (14) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
You acknowledge and agree that you are solely responsible for (and that Maypole has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which Maypole may suffer) of any such breach. In case of breach of any one of these agreements Maypole has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify Maypole and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
If you violate the terms of this Section and/or Maypole has a reasonable ground to suspect that you have violated the terms of this Section, Maypole has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
12. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you understand and agree that the sample swabs are only to be used within the United States of America.
13. Material Posted Through The Service
Maypole will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non- Maypole content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will Maypole be liable in any way for any non- Maypole content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
You acknowledge that Maypole and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, Maypole and its designees shall have the right to remove any content that violates the TOS or is deemed by Maypole, in its sole discretion, to be otherwise objectionable. You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
14. Material Provided to Maypole Your Proprietary Rights
User Content. Maypole does not claim ownership of the User Content you provide to Maypole (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give Maypole, its affiliated companies, sublicensees (including but not limited to sublicensees who avail themselves of the Limited License granted in Section 9 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for Maypole to make such User Content available to other companies, organizations, or individuals with whom Maypole has relationships, and to use such User Content in connection with the provision of those services.
You understand that Maypole, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services, or media. You acknowledge and agree that this license shall permit Maypole to take these actions. You represent and warrant to Maypole that you have all the rights, power, and authority necessary to grant the above license.
Waiver of Property Rights. As stated above, you understand that by providing any sample, having it processed, accessing your sample information, or providing Self-Reported Information, you acquire no rights in any research or commercial products that may be developed by Maypole or its collaborating partners. You specifically understand that you will not receive compensation for any research or commercial products that include or result from your sample swabs or Self-Reported Information.
You agree to defend and hold Maypole, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of User Content you submit, post to, or transmit through the Service; your use of the Service; your connection to the Service; your violation of the TOS; or your violation of any rights of another.
16. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 9 of this TOS or unless otherwise agreed in a separate agreement between you and Maypole, you agree not to license, perform, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
17. General Practices Regarding Use and Storage
You acknowledge that Maypole may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum disk space that will be allotted on Maypole's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that Maypole has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of processed swab information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that Maypole reserves the right to change these general practices and limits in its sole discretion.
18. Modifications to Service
You acknowledge that Maypole may offer different or additional technologies or features to collect and/or interpret swab information in the future and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your information without fee, and that you will have to pay additional fees in order to have your information collected, processed, and/or interpreted using any future or additional technologies or features.
19. Survival of Terms
20. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with-or participation in promotions of-information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider or resource. You acknowledge and agree that Maypole shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
21. Hyperlinks and Maypole Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because Maypole has no control over such sites and resources, you acknowledge and agree that Maypole is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Maypole shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such hyperlinked site or resource.
22. Maypole Proprietary Rights
You acknowledge and agree that Maypole (or Maypole's’ licensors, as applicable) own all legal right, title, and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Maypole and that you shall not disclose such information without Maypole's prior written consent. Maypole Environmental Inspections, LLC and other Maypole logos and product and service names are trademarks of Maypole and these marks together with any other Maypole trade names, service marks, logos, domain names, and other distinctive brand features are the “ Maypole Marks”. Unless you have agreed otherwise in writing with Maypole, other than through the Limited License in Section 9, nothing in the TOS gives you a right to use any Maypole Marks and you agree not to display, or use in any manner, Maypole Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by Maypole, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
23. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. MAYPOLE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. (2) MAYPOLE MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MAYPOLE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. MAYPOLE DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, MAYPOLE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
24. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT MAYPOLE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MAYPOLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN THROUGH OR FROM THE SERVICES, (v) YOUR FAILURE TO KEEP YOUR INFORMATION DETAILS SECURE AND CONFIDENTIAL, (d) 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 SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. Maypole may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services. Official notices related to this TOS must be sent to us at:
Maypole Environmental Inspections, LLC
11 Park Place, 3rd Floor
New York, NY 10013
Any notices that you provide without compliance with this section on Notices shall have no legal effect.
26. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or Maypole has a reasonable ground to suspect that you have violated the terms of these TOS, Maypole has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
27. Miscellaneous Entire Agreement.
1. Entire Agreement. The TOS constitute the entire agreement between you and Maypole and govern your use of the Services, superseding any prior agreements between you and Maypole on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
2. Governing law. These Terms of Service will be governed by and construed in accordance with the laws of the State of New York, without regard to principles of conflicts or choice of law.
3. Waiver. The failure of Maypole to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
4. Term for cause of action. 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
5. Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
6. Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
7. Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
8. Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Maypole for any third party that assumes our rights and obligations under this Agreement.