Acceptance of these terms

These Terms of Service ("Terms") govern your access to and use of the website eco-sinergia.org. By using this website you agree to these Terms. If you do not agree, please do not use the site.

Where we are engaged to provide professional services, the specific written proposal, engagement letter or contract signed by both parties governs that work. Where it conflicts with these Terms, the signed engagement document prevails for that engagement.

About us

This website is operated by Eco Sinergia LLC, a limited liability company operating in the State of Montana, United States, with its office at 685 Georgia Avenue, Helena, Montana 59620. The firm is owned by William Smith. You can reach us at info@eco-sinergia.org or +1 917 480 5253.

Use of this website

You may view, download and print pages of this website for your own information or for the internal purposes of your organisation. You agree not to:

use the site for any unlawful purpose or in breach of these Terms;
attempt to gain unauthorised access to the site, its server or any connected system;
introduce malicious code, or attempt to interfere with the availability of the site;
scrape, harvest or systematically extract content for commercial re-publication;
misrepresent your identity or your affiliation with any person or organisation.

We may modify, suspend or withdraw all or part of the website at any time without notice. We do not guarantee uninterrupted availability.

Intellectual property

Unless stated otherwise, all content on this website — text, layout, graphics, photographs, the Eco Sinergia name and logo, and the arrangement of them — is owned by or licensed to Eco Sinergia LLC and is protected by United States and international intellectual property law.

You may quote short extracts with clear attribution and a link to the source page. You may not reproduce substantial parts of the site, use our name or logo in a way that suggests endorsement, or present our material as your own.

Deliverables prepared for a client are licensed to that client for the purpose stated in the engagement. Copyright in our methodologies, templates and underlying know-how remains with us unless expressly transferred in writing.

Professional services

We provide environmental consulting services with reasonable skill and care, in accordance with the standards ordinarily exercised by competent members of our profession practising in the same locality and under similar conditions at the time the services are performed.

Our findings are based on the information available to us, on conditions observed at the times of our site visits, and on the scope agreed with the client. Environmental conditions vary over time and across a site; sampling is by its nature a partial view. We do not warrant that every condition present at a site will be identified, and we do not guarantee any particular regulatory, commercial or financial outcome.

Proposals, fees and payment

Unless agreed otherwise in writing:

proposals remain open for acceptance for 30 days from issue;
fees are as stated in the accepted proposal, exclusive of applicable taxes;
pass-through costs such as laboratory analysis, agency fees and non-local travel are charged at cost and identified separately;
invoices are payable within 30 days of the invoice date;
overdue amounts may accrue interest at the lower of 1.5% per month or the maximum permitted by Montana law;
work materially outside the agreed scope is subject to a written variation before it is undertaken.

Client responsibilities

Timely and accurate delivery depends in part on you. The client agrees to provide safe access to the site, accurate and complete information within their knowledge or control, timely responses to reasonable information requests, and prompt notice of any known hazard, contamination history or restriction affecting the site or the work.

We are not responsible for delays, additional cost or inaccurate conclusions arising from incomplete or inaccurate information supplied to us.

Confidentiality

Each party will keep the other's confidential information confidential and use it only for the purposes of the engagement. Our standard obligations survive completion of the work. We are happy to sign a client's own non-disclosure agreement where it is reasonable in scope. Confidentiality does not apply to information that is public, independently known, or required to be disclosed by law.

No legal advice

We are technical consultants, not attorneys. Nothing on this website and nothing in our deliverables constitutes legal advice, and no attorney-client relationship is created by your use of this site or by our engagement. Where a matter turns on the interpretation of law or on litigation risk, you should take advice from qualified counsel.

Disclaimer of warranties

This website and its content are provided "as is" and "as available". To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the website will be error-free, secure or continuously available, or that information on it is complete or current at the time you read it.

Nothing in this section limits the standard of care applicable to professional services described above.

Limitation of liability

To the fullest extent permitted by law, Eco Sinergia LLC and its owner, employees and subcontractors shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for loss of profit, revenue, business, opportunity or data, arising out of or in connection with the use of this website.

Our aggregate liability arising out of or in connection with any professional engagement, whether in contract, tort (including negligence), statute or otherwise, shall not exceed the total fees actually paid to us for that engagement, unless a different limit is expressly agreed in writing in the engagement document.

Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing here excludes liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, or death or personal injury caused by negligence.

Indemnity

You agree to indemnify and hold harmless Eco Sinergia LLC and its personnel against claims, losses and reasonable expenses arising from your misuse of this website, your breach of these Terms, or your provision of materially inaccurate or incomplete information in connection with an engagement.

Third-party links and content

This website contains links to external sites and may embed third-party content such as maps. Those resources are provided for convenience only. We do not control them, do not endorse them by linking to them, and are not responsible for their content, availability or practices.

Suspension and termination

We may restrict or terminate your access to this website at any time if we reasonably believe you have breached these Terms. Provisions that by their nature should survive termination — including intellectual property, confidentiality, disclaimers, limitation of liability and governing law — do survive.

Governing law and disputes

These Terms are governed by the laws of the State of Montana, United States, without regard to its conflict of law rules. The state and federal courts located in Lewis and Clark County, Montana shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms or to this website, and you consent to that jurisdiction and venue.

Before commencing proceedings, the parties agree to attempt in good faith to resolve any dispute through direct discussion, and thereafter through mediation in Helena, Montana.

General

If any provision of these Terms is found unenforceable, the remainder continues in force. Our failure to enforce a provision is not a waiver of it. These Terms, together with any signed engagement document, constitute the entire agreement between us regarding their subject matter. We may update these Terms from time to time; the current version is always published on this page with its effective date.

Contact

Questions about this document should be sent to:

Eco Sinergia LLC
Attn: William Smith, Owner
685 Georgia Avenue
Helena, Montana 59620
United States
Email: info@eco-sinergia.org
Telephone: +1 917 480 5253

Eco Sinergia LLC · 685 Georgia Avenue, Helena, Montana 59620, United States · +1 917 480 5253 · info@eco-sinergia.org