Terms of Service

Welcome to the website of Vertexium Environmental Solutions LLC ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our website located at vertexiumenv.com (the "Site"), as well as any services, communications, or interactions you engage in through our Site or other channels. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Site.

1. Acceptance of Terms

By accessing, browsing, or using this Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy, which is incorporated herein by reference. These Terms constitute a legally binding agreement between you and Vertexium Environmental Solutions LLC.

If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Website Use

You may use the Site for lawful purposes only. You agree not to:

• Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
• Attempt to interfere with, compromise, or disrupt the Site or any servers or networks connected to the Site.
• Use any automated means, including bots, crawlers, or scrapers, to access the Site for any purpose without our express written permission.
• Transmit any material that is defamatory, obscene, fraudulent, or otherwise objectionable.
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• Collect or store personal data about other users without their consent.

We reserve the right to terminate or restrict your access to the Site at any time, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties.

3. Description of Services

Vertexium Environmental Solutions LLC provides professional environmental consulting services, including but not limited to:

• Phase I and Phase II Environmental Site Assessments (ESAs)
• Remediation management and oversight
• Environmental due diligence for real estate transactions and M&A activities

Information on the Site regarding our services is provided for general informational purposes only and does not constitute a professional engagement, guarantee of results, or an offer to provide services. Formal service engagements are governed by separate written agreements between you and the Company.

4. SMS/Text Messaging Terms

By providing your phone number through our Site, contact forms, booking system, or other communications, and by opting in to receive text messages, you consent to receive SMS/text messages from Vertexium Environmental Solutions LLC. This section outlines the terms governing our SMS communications.

4.1 Description of SMS Use Cases

We may send you SMS/text messages for the following purposes:

• Appointment confirmations and reminders -- confirming scheduled consultations, discovery calls, and site visits.
• Project updates -- status notifications regarding ongoing environmental assessments, audits, or consulting engagements.
• Inquiry follow-ups -- responding to questions or requests submitted through our website, email, or phone.
• Service reminders -- reminders about upcoming deadlines, compliance milestones, or scheduled deliverables.

4.2 Opt-Out Instructions

4.3 Message and Data Rates

Message and data rates may apply. Message frequency varies based on your interactions with our Company and the nature of your service engagement. You are responsible for any charges from your mobile carrier related to receiving SMS messages. Please consult your wireless plan or contact your carrier for details.

4.4 Carrier Liability Disclaimer

Carriers are not liable for delayed or undelivered messages. Vertexium Environmental Solutions LLC and mobile carriers are not responsible for messages that are lost, delayed, or otherwise not delivered due to technical issues, carrier network failures, device incompatibility, or other circumstances beyond our control.

4.5 Age Restriction

You must be 18 years of age or older to use our SMS services. By opting in to receive text messages from us, you confirm that you are at least 18 years old. If we become aware that a person under the age of 18 has opted in to our SMS services, we will promptly remove their information and cease all SMS communications.

4.6 Customer Support for SMS

If you have questions about our SMS messaging program, need help opting out, or require any assistance, you can reach us through the following channels:

• Email: [email protected]
• Phone: +1 (469) 564-8448

For more information about how we collect, use, and protect your personal information, including your phone number, please review our Privacy Policy.

5. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, images, icons, photographs, audio and video clips, digital downloads, data compilations, and software, is the property of Vertexium Environmental Solutions LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

The Vertexium Environmental Solutions name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vertexium Environmental Solutions LLC. You may not use these marks without our prior written permission.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes. You may not:

• Reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Site without our written consent.
• Use any illustrations, photographs, video or audio sequences, or any graphics from the Site separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

6. User Responsibilities

When using our Site or communicating with us, you agree to:

• Provide accurate, current, and complete information when submitting forms or making inquiries.
• Not submit any false, misleading, or fraudulent information.
• Not use the Site or any information obtained from the Site to engage in any activity that is illegal or harmful.
• Not interfere with any other party's use and enjoyment of the Site.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VERTEXIUM ENVIRONMENTAL SOLUTIONS LLC, ITS OWNER, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of, or inability to access or use, the Site.
• Any conduct or content of any third party on the Site.
• Any content obtained from the Site.
• Unauthorized access, use, or alteration of your transmissions or content.

THE SITE AND ALL CONTENT, MATERIALS, AND INFORMATION PROVIDED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Our total liability to you for all claims arising out of or relating to the use of the Site shall not exceed the amount you have paid to us, if any, in the twelve (12) months prior to the event giving rise to such liability.

Nothing in these Terms shall be construed as professional environmental consulting advice. Any reliance you place on information provided on the Site is strictly at your own risk.

8. Indemnification

You agree to defend, indemnify, and hold harmless Vertexium Environmental Solutions LLC, its owner, officers, employees, agents, contractors, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the Site.
• Your violation of any term of these Terms.
• Your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.
• Any claim that your use of the Site caused damage to a third party.

9. Privacy Policy

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site, you consent to the practices described in our Privacy Policy.

Please review the Privacy Policy to understand how we handle your data, including information collected through forms, cookies, and SMS communications.

10. Governing Law

These Terms of Service and any disputes arising out of or related to them or the Site shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Denton County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site ("Dispute"), the parties agree to first attempt to resolve the Dispute informally by contacting us at [email protected]. We will make good-faith efforts to resolve any Dispute within thirty (30) days of receiving written notice.

If a Dispute cannot be resolved informally, the parties agree to submit the Dispute to binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration shall take place in Denton County, Texas. The arbitrator's decision shall be final and binding, and judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or confidential information.

Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

12. Changes to Terms

We reserve the right to modify or update these Terms of Service at any time, at our sole discretion. When we make changes, we will update the "Effective Date" at the top of this page. Changes become effective immediately upon posting to the Site.

Your continued use of the Site after any changes to these Terms constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically to stay informed of any updates.

If we make material changes that significantly affect your rights, we will make reasonable efforts to provide notice, such as posting a prominent notice on the Site or sending you an email notification.

13. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us: