Serving Northern New jersey

Indoor Treatment  For Coronavirus
Germs, Viruses & Allergens

 

Call 973-627-5713

Terms of Service

TERMS OF SERVICE AGREEMENT

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY

ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE

BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS

THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER

TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF

YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN

PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF

SERVICE AGREEMENT IS EFFECTIVE AS OF 04/01/2020.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall

govern the relationship with our users and others which may interact or interface with Envirotize

Fort Collins, also known as Envirotize, located at 338 Talon Ct, Fort Collins, Colorado 80524 and

our subsidiaries and affiliates, in association with the use of the Envirotize website, which

includes https://nj.envirotize.com/, (the “Site”) and its Services, which shall be defined

below.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is a news and information website which has the following description:

To provide sanitization to commercial and residential properties.

Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided

for the purpose of this TOS.

The user acknowledges and agrees that the Services provided and made available through our

website and applications, which may include some mobile applications and that those

applications may be made available on various social media networking sites and numerous other

platforms and downloadable programs, are the sole property of Envirotize Fort Collins. At its

discretion, Envirotize Fort Collins may offer additional website Services and/or products, or

update, modify or revise any current content and Services, and this Agreement shall apply to any

and all additional Services and/or products and any and all updated, modified or revised Services

unless otherwise stipulated. Envirotize Fort Collins does hereby reserve the right to cancel and

cease offering any of the aforementioned Services and/or products. You, as the end user

acknowledge, accept and agree that Envirotize Fort Collins shall not be held liable for any such updates,

modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your

continued use of the Services provided, after such posting of any updates, changes, and/or

modifications shall constitute your acceptance of such updates, changes and/or modifications, and as

such, frequent review of this Agreement and any and all applicable terms and policies should be made

by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the

updated, revised or modified terms, you must stop using the provided Services forthwith.

Furthermore, the user understands, acknowledges and agrees that the Services offered shall be

provided “AS IS” and as such Envirotize Fort Collins shall not assume any responsibility or obligation for

the timeliness, missed delivery, deletion and/or any failure to store user content, communication or

personalization settings.

PRIVACY POLICY

Every member’s registration data and various other personal information are strictly protected by

t h e Envirotize Fort Collins Online Privacy Policy (see the full Privacy Policy at

https://nj.envirotize.com/privacy-policy/). As a member, you herein consent to the collection

and use of the information provided, including the transfer of information within the United States

and/or other countries for storage, processing or use by Envirotize Fort Collins and/or our

subsidiaries and affiliates.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, through the use of our network you hereby agree to

comply with all local rules relating to online conduct and that which is considered acceptable

Content. Uploading, posting and/or transferring of software, technology and other technical data

may be subject to the export and import laws of the United States and possibly other countries.

Through the use of our network, you thus agree to comply with all applicable export and import

laws, statutes and regulations, including, but not limited to, the Export Administration Regulations

(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of

the United States (http://www.treasury.gov/resourcecenter/

sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:

a) are not on the list of prohibited individuals which may be identified on any government

export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)

nor a member of any other government which may be part of an export-prohibited country

identified in applicable export and import laws and regulations;

b) agree not to transfer any software, technology or any other technical data through the use

of our network Services to any export-prohibited country;

c) agree not to use our website network Services for any military, nuclear, missile, chemical

or biological weaponry end uses that would be a violation of the U.S. export laws; and

d) agree not to post, transfer nor upload any software, technology or any other technical data

which would be in violation of the U.S. or other applicable export and/or import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Envirotize Fort Collins shall not lay claim to ownership of any content submitted by any visito ror

user, nor make such content available for inclusion on our website Services. Therefore, you

hereby grant and allow for Envirotize Fort Collins the below listed worldwide, royalty-free and nonexclusive

licenses, as applicable:

a) The content submitted or made available for inclusion on the publicly accessible areas of

Envirotize Fort Collins’s sites, the license provided to permit to use, distribute, reproduce,

modify, adapt, publicly perform and/or publicly display said Content on our network

Services is for the sole purpose of providing and promoting the specific area to which this

content was placed and/or made available for viewing. This license shall be available so

long as you are a member of Envirotize Fort Collins’s sites, and shall terminate at such

time when you elect to discontinue your membership.

b) Photos, audio, video and/or graphics submitted or made available for inclusion on the

publicly accessible areas of Envirotize Fort Collins’s sites, the license provided to permit to

use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said

Content on our network Services are for the sole purpose of providing and promoting the

specific area in which this content was placed and/or made available for viewing. This

license shall be available so long as you are a member of Envirotize Fort Collins’s sites

and shall terminate at such time when you elect to discontinue your membership.

c) For any other content submitted or made available for inclusion on the publicly accessible

areas of Envirotize Fort Collins’s sites, the continuous, binding and completely sublicensable

license which is meant to permit to use, distribute, reproduce, modify, adapt,

publish, translate, publicly perform and/or publicly display said content, whether in whole or

in part, and the incorporation of any such Content into other works in any arrangement or

medium current used or later developed.

Those areas which may be deemed “publicly accessible” areas of Envirotize Fort Collins’s sites

are those such areas of our network properties which are meant to be available to the general

public, and which would include message boards and groups that are openly available to users.

CONTRIBUTIONS TO COMPANY WEBSITE

Envirotize Fort Collins provides an area for our users to contribute feedback to our website. When

you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you

acknowledge and agree that:

a) your contributions do not contain any type of confidential or proprietary information;

b) Envirotize shall not be liable or under any obligation to ensure or maintain confidentiality,

expressed or implied, related to any Contributions;

c) Envirotize shall be entitled to make use of and/or disclose any such Contributions in any

such manner as they may see fit;

d) the contributor’s Contributions shall automatically become the sole property of Envirotize;

and

e) Envirotize is under no obligation to either compensate or provide any form of

reimbursement in any manner or nature.

INDEMNITY

All users herein agree to insure and hold Envirotize Fort Collins, our subsidiaries, affiliates,

agents, employees, officers, partners and/or licensors blameless or not liable for any claim or

demand, which may include, but is not limited to, reasonable attorney fees made by any third

party which may arise from any content a user of our site may submit, post, modify, transmit or

otherwise make available through our Services, the use of Envirotize Services or your

connection with these Services, your violations of the Terms of Service and/or your violation of

any such rights of another person.

COMMERCIAL REUSE OF SERVICES

The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any

commercial reason any part, use of, or access to Envirotize’s sites.

MODIFICATIONS

Envirotize Fort Collins shall reserve the right at any time it may deem fit, to modify, alter and or

discontinue, whether temporarily or permanently, our service, or any part thereof, with or without

prior notice. In addition, we shall not be held liable to you or to any third party for any such

alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.

ADVERTISERS

Any correspondence or business dealings with, or the participation in any promotions of,

advertisers located on or through our Services, which may include the payment and/or delivery of

such related goods and/or Services, and any such other term, condition, warranty and/or

representation associated with such dealings, are and shall be solely between you and any such

advertiser. Moreover, you herein agree that Envirotize Fort Collins shall not be held responsible or

liable for any loss or damage of any nature or manner incurred as a direct result of any such

dealings or as a result of the presence of such advertisers on our website.

LINKS

Either Envirotize Fort Collins or any third parties may provide links to other websites and/or

resources. Thus, you acknowledge and agree that we are not responsible for the availability of

any such external sites or resources, and as such, we do not endorse nor are we responsible or

liable for any content, products, advertising or any other materials, on or available from such third

party sites or resources. Furthermore, you acknowledge and agree that Envirotize Fort Collins

shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be

a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on

any such content, goods or Services made available on or through any such site or resource.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Envirotize Fort Collins’s Services and any essential

software that may be used in connection with our Services (“Software”) shall contain proprietary

and confidential material that is protected by applicable intellectual property rights and other laws.

Furthermore, you herein acknowledge and agree that any Content which may be contained in any

advertisements or information presented by and through our Services or by advertisers is

protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore,

except for that which is expressly permitted by applicable law or as authorized by Envirotize Fort

Collins or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute,

transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on

Envirotize Fort Collins Services (e.g. Content or Software), in whole or part.

Envirotize Fort Collins herein has granted you personal, non-transferable and non-exclusive rights

and/or license to make use of the object code or our Software on a single computer, as long as

you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work

from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any

source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any

such right in the Software. Furthermore, you do herein agree not to alter or change the Software

in any manner, nature or form, and as such, not to use any modified versions of the Software,

including and without limitation, for the purpose of obtaining unauthorized access to our Services.

Lastly, you also agree not to access or attempt to access our Services through any means other

than through the interface which is provided by Envirotize Fort Collins for use in accessing our

Services.

WARRANTY DISCLAIMERS

YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

a) THE USE OF ENVIROTIZE FORT COLLINS SERVICES AND SOFTWARE ARE AT THE

SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN

“AS IS” AND/OR “AS AVAILABLE” BASIS. ENVIROTIZE FORT COLLINS AND OUR

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND

LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND

WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY

IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A

PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b) ENVIROTIZE FORT COLLINS AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,

AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)

ENVIROTIZE FORT COLLINS SERVICES OR SOFTWARE WILL MEET YOUR

REQUIREMENTS; (ii) ENVIROTIZE FORT COLLINS SERVICES OR SOFTWARE SHALL

BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH

RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ENVIROTIZE FORT

COLLINS SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)

QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER

MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR

SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY

SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.

c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY

WAY OF ENVIROTIZE FORT COLLINS SERVICES OR SOFTWARE SHALL BE

ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU

SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS

AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER

AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY

LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH

INFORMATION OR MATERIAL.

d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT

MAY BE OBTAINED BY YOU FROM ENVIROTIZE FORT COLLINS OR BY WAY OF OR

FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT

EXPRESSLY STATED IN THE TOS.

e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF

EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR

BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE

USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY

UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO

HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,

ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC

CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE

FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED

VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,

ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ENVIROTIZE FORT

COLLINS AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,

PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,

INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF

ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN

THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES

MAY OCCUR, AND RESULT FROM:

a) THE USE OR INABILITY TO USE OUR SERVICE;

b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;

c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS

AND/OR DATA;

d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;

e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

RELEASE

In the event you have a dispute, you agree to release Envirotize Fort Collins (and its officers,

directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other

third parties) from claims, demands and damages (actual and consequential) of every kind and

nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out

of or in any way connected to such dispute.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

Should you intend to create or to join any service, receive or request any such news, messages,

alerts or other information from our Services concerning companies, stock quotes, investments or

securities, please review the above Sections Warranty Disclaimers and Limitations of Liability

again. In addition, for this particular type of information, the phrase “Let the investor beware” is

appropriate. Envirotize Fort Collins’s content is provided primarily for informational purposes, and

no content that shall be provided or included in our Services is intended for trading or investing

purposes. Envirotize Fort Collins and our licensors shall not be responsible or liable for the

accuracy, usefulness or availability of any information transmitted and/or made available by way

of our Services, and shall not be responsible or liable for any trading and/or investment decisions

based on any such information.

EXCLUSION AND LIMITATIONS

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN

WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR

CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF

SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO

YOU.

THIRD PARTY BENEFICIARIES

You herein acknowledge, understand and agree, unless otherwise expressly provided in this

TOS, that there shall be no third-party beneficiaries to this agreement.

NOTICE

Envirotize Fort Collins may furnish you with notices, including those with regards to any changes

to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging,

postings on our website Services, or other reasonable means currently known or any which may

be herein after developed. Any such notices may not be received if you violate any aspects of the

TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS

constitutes your agreement that you are deemed to have received any and all notices that would

have been delivered had you accessed our Services in an authorized manner.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Envirotize Fort Collins trademarks,

copyright, trade name, service marks, and other Envirotize Fort Collins logos and any brand

features, and/or product and service names are trademarks and as such, are and shall remain the

property of Envirotize Fort Collins. You herein agree not to display and/or use in any manner the

Envirotize Fort Collins logo or marks without obtaining Envirotize Fort Collins’s prior written

consent.

COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE

& PROCEDURES

Envirotize Fort Collins will always respect the intellectual property of others, and we ask that all of

our users do the same. With regards to appropriate circumstances and at its sole discretion,

Envirotize Fort Collins may disable and/or terminate the accounts of any user who violates our

TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a

way that would constitute copyright infringement, or if you believe your intellectual property rights

have been otherwise violated, you should provide to us the following information:

a) The electronic or the physical signature of the individual that is authorized on behalf of the

owner of the copyright or other intellectual property interest;

b) A description of the copyrighted work or other intellectual property that you believe has

been infringed upon;

c) A description of the location of the site which you allege has been infringing upon your

work;

d) Your physical address, telephone number, and email address;

e) A statement, in which you state that the alleged and disputed use of your work is not

authorized by the copyright owner, its agents or the law;

f) And finally, a statement, made under penalty of perjury, that the aforementioned

information in your notice is truthful and accurate, and that you are the copyright or

intellectual property owner, representative or agent authorized to act on the copyright or

intellectual property owner’s behalf.

The Envirotize Fort Collins Agent for notice of claims of copyright or other intellectual property

infringement can be contacted as follows:

Mailing Address:

Envirotize Fort Collins

Attn: Copyright Agent

338 Talon Ct

Fort Collins, Colorado 80524

Telephone: 970-331-3828

Email: roxstar.restoration@gmail.com

CLOSED CAPTIONING

BE IT KNOWN, that Envirotize Fort Collins complies with all applicable Federal Communications

Commission rules and regulations regarding the closed captioning of video content. For more

information, please visit our website at https://nj.envirotize.com/.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Envirotize Fort Collins and shall

govern the use of our Services, superseding any prior version of this TOS between you and us

with respect to Envirotize Fort Collins Services. You may also be subject to additional terms and

conditions that may apply when you use or purchase certain other Envirotize Fort Collins

Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Envirotize Fort Collins with regard to the TOS that

the relationship between the parties shall be governed by the laws of the state of Colorado

without regard to its conflict of law provisions and that any and all claims, causes of action and/or

disputes, arising out of or relating to the TOS, or the relationship between you and Envirotize Fort

Collins, shall be filed within the courts having jurisdiction within the County of Fort Collins,

Colorado or the U.S. District Court located in said state. You and Envirotize Fort Collins agree to

submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all

objections to the exercise of jurisdiction over the parties by such courts and to venue in such

courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Envirotize Fort Collins fail to exercise or enforce any right or provision of the

TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this

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.

STATUTE OF LIMITATIONS

You acknowledge, understand and agree that regardless of any statute or law to the contrary, any

claim or action arising out of or related to the use of our Services or the TOS must be filed within

1 year(s) after said claim or cause of action arose or shall be forever barred.

VIOLATIONS

Please report any and all violations of this TOS to Envirotize Fort Collins as follows:

Mailing Address:

Envirotize Fort Collins

338 Talon Ct

Fort Collins, Colorado 80524

Telephone: 970-331-3828

Email: roxstar.restoration@gmail.com

Allergy & Virus Killers LLC

Phone Number: 973-627-5713
Address:  New Jersey

Copyright © 2020 Envirotize. All Rights Reserved. Privacy Policy | Terms of Service

TAP TO CALL