Terms of Service

THIS WEBSITE (“SITE”) AND RELATED SERVICES ARE PROVIDED AND OPERATED BY ONSITE UTILITY SERVICES CAPITAL, LLC (“Onsite”) AND SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

OVERVIEW

Throughout the site, the terms “we,” “us” and “our” refer to Onsite.

Registering for a subscription license for online training and/or operating as a sales partner or contractor partner is on a per-person basis.  Access by unlicensed individuals is strictly prohibited. As the licensed registrant for of the Onsite Partner Program, you are accountable for any illegal distribution of course content including sharing your log-on information with others, group viewing, posting copies of material on the Internet or on a company server or intranet, and/or any other form of unauthorized viewing or sharing.

By visiting our site, registering for training or soliciting benchmarking assistance, you engage in our “Service” and agree to be bound by the following terms and conditions (hereinafter, “Terms of Service,” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools that are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and, (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

CONFIDENTIALITY.  Only authorized users, who have duly attained access to any Programs offered by Onsite by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.

INTELLECTUAL PROPERTY.  YOU acknowledge that any Audio and/or Visual Presentations, Documentation, marketing, lead generation and sales training are the sole Intellectual Property of Onsite’s Partner program under United States copyright, trademark and other intellectual property laws and international treaties. YOU further, acknowledge and agree that, as between YOU and ONSITE’S PROGRAM, Onsite owns and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws.

Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of ONSITE’S PROGRAM, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that ONSITE’S PROGRAM uses in connection with services rendered by ONSITE’S PROGRAM are marks owned by Onsite Utility Services Capital, LLC. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.

WARRANTY DISCLAIMER.  This site, including any content or information contained within it or any site-related service is provided ‘as is’ with all faults, with no representation or warranties of any kind, either expressed or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, and non-infringement.  You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked websites.  We, our partners and our related business relationships are neither responsible nor liable for any direct indirect, incidental consequential, special, exemplary, or other damages arising out of or relating in any way to the site, site-related services, content, or information contained within the site, and/or any hyperlinked website.  Your sole remedy for dissatisfaction with the site, site-related services, and/or any hyperlinked websites is to stop using the site and/or those services.

Although we attempt to ensure the integrity and accurateness of the Site, we make no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions, and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform us so that it can be corrected. Information contained on the Site may be changed or updated without notice.

CONTENT.  All text (including information and blog posts), graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, sample forms and documents, artwork, and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Onsite with all rights reserved, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners.

Except as expressly provided in these Terms of Service, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, Website or other medium, for publication or distribution or for any commercial enterprise, without Onsite’s express prior written consent.

CONFIDENTIAL AND PROPRIETARY INFORMATION. We do not seek or want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to us through the Site will be deemed NOT to be confidential. By sending us any information or material (whether or not solicited), you grant us an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.

LIMITATION OF LIABILITY.   Except where prohibited by law, in no event will the Site, Onsite, or the contractors, agents, employees, representatives, joint ventures, heirs, affiliates, or heirs be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if we or they have been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Service, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, our liability shall in no event exceed $100. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNITY.  You agree to indemnify and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against Onsite by any third party due to or arising out of or in connection with your use of the Site.

VIOLATION OF THESE TERMS OF SERVICE.  You agree that we may, in our sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site at any time, for any reason or no reason. You also agree that any violation by you of these Terms of Service will constitute an unlawful and unfair business practice, and will cause irreparable harm to Onsite for which monetary damages would be inadequate, and you consent to Onsite obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.

If we take any legal action against you as a result of your violation of these Terms of Service, we will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Service.

GOVERNING LAW.   These Terms of Service are entered into in the State of Wisconsin and shall be governed by and construed in accordance with the laws of the State of Wisconsin, exclusive of its choice of law rules. Each party to these Terms of Service submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Walworth in the State of Wisconsin, and waives any jurisdictional, venue, or inconvenience forum objections to such courts. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Service shall otherwise remain in full force and effect.

VOID WHERE PROHIBITED.  Although access to this Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative, and you are solely responsible for complying with applicable local laws.

NO UNLAWFUL OR PROHIBITED PURPOSE.   As a condition of your use of this Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms of Service.

ENTIRE AGREEMENT.  These Terms of Service constitute the entire agreement between Onsite and you pertaining to the subject matter of this Agreement. In its sole discretion, Onsite may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time.

Monetary transactions with us are governed by these Terms of Service, the Privacy Policy, and the provisions of the specific agreement which memorializes the monetary transaction (i.e., terms of purchase), with the specific agreement controlling in the event of a conflict.

This Agreement was last revised on February 7, 2020.