Terms Of Use

General Conditions and Terms of Use

Effective June 26, 2015

 

WELCOME TO SEPTIC-ADVISOR.COM.

SEPTIC-ADVISOR.COM ("Website" or "Site") IS OWNED BY SEPTIC ADVISOR, LLC ("Septic Advisor").  THESE TERMS OF USE, AS MODIFIED OR AMENDED FROM TIME TO TIME ("Terms") ARE A BINDING CONTRACT BETWEEN SEPTIC ADVISOR, LLC AND YOU ("you" or "user"). BEFORE USING THE SEPTIC-ADVISOR.COM WEBSITE , PLEASE READ THESE TERMS CAREFULLY. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE PRIVACY POLICY, AND YOU AGREE TO FOLLOW THE GUIDELINES AND POLICIES THAT SEPTIC ADVISOR MAY POST ON THE SITE OR PROVIDE TO YOU FROM TIME TO TIME.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE, IN WHICH CASE YOU SHOULD IMMEDIATELY EXIT AND NOT USE THE SITE.  SEPTIC ADVISOR MAKES THE SITE CONTENT AND INFORMATION ON THE SITE AVAILABLE TO YOU CONDITIONED UPON YOUR ACCEPTANCE, WITHOUT MODIFICATION, OF THE TERMS. THESE TERMS APPLY TO ALL USERS, INCLUDING VISITORS TO THE SITE, AND REGISTERED MEMBERS AUTHORIZED TO SUBMIT CONTENT TO THE SITE.

 

DESCRIPTION OF SITE:

SEPTIC-ADVISOR.COM is a place to find information about On-site Wastewater Disposal Systems. Information may be generated and provided by SEPTIC ADVISOR, LLC, as well as by third party contributors. For purposes of this Terms of Use Agreement, SEPTIC ADVISOR, LLC shall hereinafter be referred to as "Septic Advisor." The Septic-Advisor.com website (from herein, "the Site" or "Website") is also a platform for you to ask questions, comment and share your ideas with others. In return for our display of your content for any period of time, you agree to grant the license to Septic Advisor as described in Section 3. "Posting User Generated Content on the Site, Representations and Warranties.

The Site provides information and research; and sometimes, entertainment. We may publish video, audio, articles, or other content from current and past contributors. The Site may present the perspectives of numerous contributors and users of the Site. We have not always independently verified the accuracy, thoroughness, or relevance of the content contributed by others, including users of the Site. All of the content and information appearing on the Site is subject to the Terms set forth in this Terms of Use document, as may be amended and modified from time to time.

If you disagree with any material you find on the Website, we recommend that you respond by noting your disagreement in an appropriate site forum where there is one. We also invite you to bring to our attention any material you believe to be factually inaccurate by e-mailing us at: advisor@septic-advisor.com.

We aim to provide useful and accurate information. Errors may appear from time to time. Before you act on information you've found on the Website, you should confirm any facts that are important to your decision, and consult a local professional who is competent in on-site wastewater disposal.  Septic Advisor makes no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information on the website. Septic Advisor is not responsible for, and cannot guarantee the performance of, goods and services provided by our advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by Septic Advisor.

 

TOU Quick Links

Top of page
Description of Site 
 1. Modifications to Terms
 2. Modifications to Site
 3. Posting User Generated Content on the Site - Representations & Warranties
 4. Ownership of Rights for User Generated Content
 5. Prohibited Conduct
 6. Monitoring of User Generated Content
 7. Protection of Site Content
 8. Privacy Policy
 9. Termination or Cancellation
10. Linking
11. No Soliciting
12. Dealings with Merchants; Links
13. Disclaimer of Warranties
14. Indemnity
15. Limitation of Liability
16. Miscellaneous
 Privacy Policy

1. MODIFICATIONS TO TERMS
Septic Advisor may at any time change these Terms of Use and Privacy Policy at its discretion. Your use of the Website after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms of Use regularly.


2. MODIFICATIONS TO THE SITE

From time to time we may, at our sole discretion, temporarily or permanently modify or discontinue, and restrict or block access to the Site (or any part thereof) without notice. We may temporarily or permanently modify or remove any part or all of your content from the Site at any time, at our sole discretion, and without any notice. We will not be liable to you or to any third party for any modification, suspension, discontinuance or removal of content from the Site.

 

3. POSTING USER GENERATED CONTENT ON THE SITE; REPRESENTATIONS AND WARRANTIES

Grant of License. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "user generated content") to the Septic Advisor Website, you hereby grant to Septic Advisor a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such user generated content, in all media now known or hereafter developed. You hereby waive all rights to any claim against Septic Advisor for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such user generated content.

Submittal Representations. By submitting or posting any content to the Septic Advisor Website, you warrant and represent that the content submitted by you is your original work and/or that you have secured any and all rights, releases and permissions necessary for Septic-Advisor's use and distribution of your submitted content. You agree that you will make such permissions and relevant records available to Septic-Advisor upon request.  You recognize that you are solely responsible for the content of any information you make available by posting, e-mailing, or otherwise submitting to Septic Advisor (or the Website). You agree that you will not post any content on the Website which is untrue, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive to another person's privacy or protected data, hateful, or racially, ethnically or otherwise objectionable.  You agree not to submit content containing 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.

Removal of Content. Septic-Advisor has the right to monitor the content which you or other users submit, but shall have no obligation to do so. You agree that if Septic Advisor in its sole discretion deems any content made available by you to be unlawful, fraudulent, unacceptable, offensive, obscene or otherwise objectionable, Septic Advisor has the right, but not the obligation, to remove or deny access to such content. You expressly agree that Septic Advisor shall not be liable to you for any action Septic Advisor takes to remove or restrict access to such material, nor for any action taken to restrict access to material posted in violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy. Septic Advisor has the right to take all reasonable actions to remove or restrict access to any such material, including restriction, suspension or termination of your access privileges and/or deletion of the objectionable material.

Accuracy and Reliability of Content. Septic Advisor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone. 

User Disclosure of Potential Conflict of Interest.  If you are a direct competitor of an author, another Posting user, an advertiser on the Site, or otherwise have an interest adverse to the author or another posting user or advertiser, you will fully disclose the interest.   If you have an interest in promoting any product, equipment, or services relative to the content you are posting (or otherwise providing to the Site) you will fully disclose the interest.

Records.  You agree to keep all records necessary to establish that your User Generated Content does not violate any of the foregoing representations and warranties and to make such records available upon the reasonable request of Septic Advisor. 

Communications.  You acknowledge that transmission to and from this Septic Advisor Web Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to Septic Advisor (or the Website) no confidential, fiduciary, contractually implied or other relationship is created between you and Septic Advisor other than pursuant to this Agreement.  You acknowledge that the Site may not have any "digital rights management" or other security technology features to restrict someone who receives Content from copying and redistributing it.

Registered Users.  Registered users who provide accurate, current and complete information during the registration process, may post Content on the Site.   Registered users agree that you will review and maintain accurate registration information.  You further agree to maintain that information by registering changes to that information in a timely manner.  You agree that we can and will rely upon the registration information you supply to us.  As a registered user, you agree to safeguard your user name and password.  You authorize us to accept any use of the Site through your Account as being used by you or someone authorized to act for you.  You agree to be liable for any User Generated Content posted using your Account and for any transactions associated with your Account.  You agree and acknowledge that your Account is non-transferable and non-assignable.

4. OWNERSHIP OF RIGHTS FOR USER GENERATED CONTENT

Ownership of Rights.  Users retain ownership of their copyrights, intellectual property and other proprietary rights in any content they post to the Site. By posting content on the Site, the posting user is subject to the non-exclusive rights that all posting users grant to us as described in these Terms. Users may grant similar rights to others. You acknowledge that the posting of your User Generated Content for any period of time is sufficient consideration for the license granted herein to Septic Advisor.

Requests for Removal of Content.  You may request to remove or modify your posted Content.  Septic Advisor will remove or modify your posted Content within a reasonable time, as long as such removal does not interfere with other users' ability to enjoy the Site.  Sometimes, removal of your comments or posts from a long string of interactive posts could render part of the thread unintelligible.   In such an event, we may continue to display your content and make your User Generated Content anonymous, so that the threaded conversation remains coherently intact. We cannot guaranty the complete removal of your Content from our the Site, as other users may have incorporated your comments into their responses or discussions in multiple forums.  If prior to such request for removal or modification, Septic Advisor has begun to incorporate your posted content into other parts of the Website, then you agree that Septic Advisor may continue to use your previously submitted materials after your request to remove it from the Site.  Notwithstanding the above (and our license as defined in Section 3), Septic Advisor, at its discretion, will make reasonable efforts to remove material from our Site for which you have sent us written and/or e-mail notice to remove. Your written notice to us must be sent to, Septic Advisor, P.O. Box 957, Northampton, MA 01061, Attn: Legal  (or legal@septic-advisor.com), and contain the following information:
      1. your name, address, telephone number, and email address;
      2. the user name for your Account;
      3. your electronic or physical signature;
      4. identification of the specific material;
      5. a statement that you would like Septic-Advisor to remove or modify such materials containing your Content;

 

5. PROHIBITED CONDUCT

Prohibited Submittals.  You agree not to do, or attempt to do, any of the following, subject to applicable law:

 Post, send, submit, publish, or transmit in connection with this site any material that:

  • infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;
  • advocates illegal activity or discusses an intent to commit an illegal act;
  •  is vulgar, obscene, pornographic, or indecent;
  • does not pertain directly to this site;
  • threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;
  • seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  • violates any law or may be considered to violate any law;
  • impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;
  • advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site;
  • solicits funds, advertisers or sponsors;
  • includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
  • includes MP3 format files;
  • amounts to a ‘pyramid’ or similar scheme;
  • disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site; or
  • contains hyper-links to other sites that contain content that falls within the descriptions set forth above.

Septic-Advisor reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well the right to remove or refuse any information for any reason.  Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Septic Advisor nor any third party that provides Content to the Website (or to Septic Advisor for use on the website) will assume or have any liability for any action or inaction by Septic Advisor or such third party with respect to any submission.

Additional Prohibitions. You also agree not to do, or attempt to do, any of the following, subject to applicable law:

  • access, tamper with, or use services or areas of the Site that you are not authorized to access;
  • alter information on or obtained from the Site;
  • use any robot, spider, scraper or other automated means or interface not provided by us to access the Site or extract data or gather or use information, such as email addresses, available from the Site or transmit any unsolicited advertising, "junk mail," "spam," or "chain letters";
  • send to or otherwise impact us or the Site (or anything or anyone else) with harmful, illegal, deceptive or disruptive code such as a virus, "spyware," "adware" or other code that could adversely impact the Site or any recipient; or
  • frame any part of the Site, or otherwise make it look like you have a relationship to us or that we have endorsed you or your User Generated Content for any purpose except as expressly permitted in writing by Septic Advisor  (see also Section 10 of these Terms regarding Linking to the Site);
  • impersonate or misrepresent your affiliation with any person or entity;
  • disrupt the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site;
  • reverse engineer any aspect of the Site or do anything that might discover source code, or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Site (except as otherwise expressly permitted by law);
  • take any action which might impose a significant burden (as determined by us) on the Site's infrastructure or computer systems, or otherwise interfere with the ordinary operation of the Site.

IF YOU SEND UNSOLICITED COMMERCIAL EMAIL OR ADVERTISING, BULK EMAIL, SPAM, OR CHAIN LETTERS (COLLECTIVELY, "UNSOLICITED EMAIL OR OTHER COMMUNICATION") THROUGH THE SITE, YOU ACKNOWLEDGE THAT YOU WILL HAVE CAUSED SUBSTANTIAL HARM TO US, BUT THAT THE AMOUNT OF THE HARM WOULD BE EXTREMELY DIFFICULT TO ASCERTAIN. AS A REASONABLE ESTIMATION OF SUCH HARM, YOU WILL PAY SEPTIC ADVISOR $45 FOR EACH SUCH UNSOLICITED EMAIL OR OTHER COMMUNICATION.

 

6. MONITORING OF USER GENERATED CONTENT

We seek to maintain high standards for this Site. We are under no obligation to regularly monitor the accuracy or reliability of User Generated Content appearing on the Site. Notwithstanding the foregoing, we reserve the right to modify or remove any User Generated Content at any time. Any opinions, advice, statements, services, offers, or other information or User Generated Content expressed or made available by third parties, including other users, are those of the respective author(s) or distributor(s) and not of Septic Advisor. Septic Advisor neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, information, or statement made on this Site by anyone other than authorized Septic Advisor employees acting in their official capacities.

 

7. PROTECTION OF SITE CONTENT

Our Site is protected by intellectual property laws and you agree to respect them. Unless otherwise specifically provided elsewhere in the Website, Septic Advisor authorizes you to view, download, print, copy, and distribute Content published by Septic Advisor on the Website subject to the following conditions: (1) private individuals and government agencies (not acting as business entities) may use such Content solely for your personal use and not for external distribution or use; (2) if you are accessing and using the Website and its Content on behalf of an organization, you may use such Content solely within such organization and not for external distribution or use; and (3) you must include on any copies of the Content any and all internet URL page addresses of the content used, legends, copyright, proprietary or other notices that appear on such Content.  If legends or notices do not appear on such Content, then the following copyright notice must appear on all such copies: "© 2012-2015 Septic Advisor, LLC. All rights reserved worldwide." Except as authorized in this paragraph, you are not being granted a license under any copyright, trademark, patent or other intellectual property or other proprietary right in or to the Content of the Website. Except as expressly stated in this paragraph, you may not reproduce, distribute, modify, publicly perform or display, or prepare derivative works of any content on the Site without prior written consent from Septic Advisor, LLC or the third-party owner of the rights in that User Generated Content (if any). Septic Advisor reserves all other rights in the content of the Site, on its own behalf and on the behalf of its licensors (including  contributors) and Septic Advisor does not, directly or by implication, by estoppel or otherwise, grant any copyright, trademark, patent or other rights or licenses to you under these Terms.  For any use of Content of the website not authorized in this paragraph, you are therefore requested to contact Septic Advisor to obtain permission before making such use of the Website Content. Please note that the Septic Advisor may refuse to grant permission to use Content at its sole discretion.

 

8. PRIVACY POLICY

Please see our Privacy Policy. Our Privacy Policy is part of and incorporated into these Terms.

 

9. TERMINATION OR CANCELLATION

You agree that we may, at any time and at our sole discretion, with or without cause or any notice to you, terminate these Terms, your access to the Site, and/or your Account, or suspend or block your access to the Site. If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on the Site or by sending a communication to any address (email or otherwise) that we have for you in our records. You will still be liable for any breaches of these Terms and/or obligations incurred before the Terms end. If you use the Site after termination of these Terms, that use will constitute your agreement to the Terms then posted on the Site.

If your Account or access to the Site is terminated for any or no reason, you may no longer have access to the User Generated Content you posted on the Site. In such event, Septic Advisor may continue to exploit electronic or printed materials it has created, or developed specific plans to create, that contain such User Generated Content according to the terms contained in Section 5 with respect to removal or modification of User Generated Content previously posted on the Site.

The provisions of these Terms of Use shall continue and remain in force, notwithstanding either your or Septic Advisor's election to terminate your access to the website.

 

10. LINKING

You may link or establish a hytertext link to the Septic-Advisor website as long as the link does not state or imply any sponsorship or endorsement of your site by Septic-Advisor.  Any link by you does not relieve you of the responsibility, legal or otherwise, to not violate the policies of our content providers (See Section 5 of these Terms).

 

11. NO SOLICITING

You agree not to use the Septic Advisor website to advertise, or to solicit anyone to buy or sell, products or services, nor to solicit anyone to make donations of any kind, without our express written approval.

 

12. DEALINGS WITH MERCHANTS; LINKS

The Site contains advertisements, offers, contact information, or other links to other websites and resources of third parties that we do not control.  That information, as well as advertisements, may or may not be or remain wholly accurate. You acknowledge and agree that Septic Advisor is not responsible or liable for (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products or services on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Septic Advisor 's Privacy Policy is applicable only when you are on our Site. Once you choose to link to another website, you should read and understand that website's privacy statement before disclosing any personal information.

Your correspondence or business dealings with, or participation in promotions of, third party merchants or advertisers that are found on or through the Site or which provide links on the Site, including, for example, "click to purchase" and other similar programs, 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 merchant or advertiser. You waive any claim against Septic Advisor and agree to hold Septic Advisor harmless from any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such merchants or advertisers on the Site.

 

13. DISCLAIMER OF WARRANTIES

Septic Advisor does not warrant the successful operation of the Site on your computer or mobile device.

SEPTIC ADVISOR CANNOT AND DOES NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH ITS WEBSITE

THE SEPTIC ADVISOR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SEPTIC ADVISOR WEBSITE MAY CONTAIN ADVICE, OPINIONS, INSTRUCTIONS AND STATEMENTS FROM SEPTIC ADVISOR, ITS USERS AND OTHER CONTENT AND INFORMATION PROVIDERS. THIS CONTENT IS INTENDED TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY.   YOU USE THE SITE AND CONTENT AT YOUR OWN RISK. WE STRONGLY URGE YOU TO CONSULT A LOCAL PROFESSIONAL OR SOME OTHER AUTHORITY IN THE WASTEWATER FIELD BEFORE USING ANY OF THE CONTENT.  SEPTIC ADVISOR SHALL HAVE NO LIABILITY FOR LOSSES OR INJURY RESULTING FROM THE INFORMATION OR LACK OF INFORMATION PROVIDED HEREUNDER.

Septic Advisor disclaims that the website may be interpreted as financial or investment advice, medical or health advice, or legal advice. The content should not be construed as creating any kind of financial advisor, medical advisor, or legal advisor relationship.

 

14. INDEMNITY

You will indemnify and hold Septic Advisor, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, owners and contractors (the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

 

15. LIMITATION ON LIABILITY

Septic Advisor, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, owners, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if Septic Advisor has been advised of the possibility of such damages. In no event will the collective liability of Septic Advisor and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to Septic Advisor for the applicable content or service out of which liability arose.

 

16. MISCELLANEOUS

Notices Generally. When you create an account during your registration or checkout process we will ask for your email address. Although we may still provide notice by posting, if we provide notice by email, we will use for all notices, including legal notices, the address you have given us.

Legal Notices. Subject to applicable law and this section, you: Agree that we may send you legal notices by email, including (without limitation) notice of subpoenas or the like. You agree to keep your address current. You also agree to check for notices posted on the Site; and Acknowledge that there is only one of you.  Accordingly, you agree to send us all legal notices, including (but not limited to) any relating to breach, by mailing them to Septic Advisor LLC, P.O. Box 957, Northampton, MA 01061 Attn: Legal.  If you send your notice by certified mail, return receipt requested, the post office will give you proof when we receive it.  If a law, nevertheless, requires us to accept email notice, only then, will we accept and act upon e-mail notice when            e-mailed to legal@septic-advisor.com.

Identity Theft. If you or any other person believes they are a victim of identity theft entitled by law to request information from us, write us at Our Legal Notice Address and also provide all Required Information. We will supply without charge the information legally required to be disclosed that we then have, subject to applicable law and reserving all of our rights and defenses.

Submitting A Claim for Identity Theft.  If you or any other person believes they are a victim of identity theft entitled by law to request certain business records in our control ("Claimant"), we will attempt to verify the claim as allowed by law. Claimant needs to do all of the following:

1. Provide Information about the Transaction. Write us at Our Legal Address and include in the letter the following information about the transaction that Claimant knows or can readily obtain: (a) the date of the transaction or other relevant act; (b) any other identifying information such as an account or transaction number; and (c) other information reasonably relevant to the transaction alleged to result from identity theft; and

2. Provide Information about Claimant. Include in the letter information that identifies Claimant, including: (a) a government-issued identification card such as a driver's license. Claimant may send us a copy but we reserve the right to have Claimant physically present it to us or our agent; and (b) personal information about Claimant of the type that was provided by the alleged identity thief, or of the type that we typically require for transactions, including Category Information; and

3. Provide Affidavits and Police Report. Include with the letter: (a) a properly completed and executed affidavit of fact on a form acceptable to us. If we develop our own form, we will post it for Claimants to download and sign before a notary public; if no form is posted, Claimant may use the standardized form available at the time of Claimant's request from the FTC; and (b) a copy of the police report evidencing the claim of identity theft; and

4. Provide Authorization for Sharing with Law Enforcement. If Claimant wants us to provide the records we provided to Claimant to a law enforcement agency or officer investigating the identity theft, Claimant must specify in the letter who that agency or officer is and supply their proper mailing address. Even without specification, we may still provide the records (in our discretion) if Claimant has otherwise authorized that agency or officer to take receipt of the records.

We reserve the right to require without prior notice, more, less, or different information that applicable law may allow from time to time. Once we receive all required information, we will provide records as required by law (subject to our rights and defenses). If we are required to comply with laws other than federal law, Claimant's rights and ours may vary from the above.

Governing Law. These Terms of Use will be governed and interpreted pursuant to the laws of Delaware, United States of America, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Delaware in connection with any dispute between you and Septic Advisor arising out of these Terms of Use or pertaining to the subject matter hereof.   The parties to these Terms of Use each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Use will be in the state and federal courts in Wilmington, Delaware.  If any part of these Terms of Use is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

These Terms of Use (including our Privacy Policy) constitute the entire agreement among the parties relating to this subject matter. Notwithstanding the foregoing, any additional terms and conditions on this site will govern the items to which they pertain. Septic Advisor may revise these Terms of Use at any time by updating this posting.

If you have questions or suggestions you can contact us:
by mail at:

Septic-Advisor, LLC
P.O. Box 957
Northampton, MA 01061-0957

by e-mail at:
advisor@septic-advisor.com

Privacy Policy (Septic-Advisor.com)

PRIVACY POLICY  Updated June 27, 2015

The Septic-Advisor.com Website takes your privacy seriously.   Please read our privacy policy. 

Septic-Advisor.com is owned by Septic Advisor, LLC.  For purposes of this Privacy Policy, Septic Advisor.com shall herein be referred to as "the Website" or "Site" and Septic Advisor LLC shall herein be referred to as "Septic Advisor".

NOTICE: The Federal Trade Commission (FTC) has important information concerning the use of the Internet and Internet “surfing.” The link to their Web site is available by clicking this link: https://www.consumer.ftc.gov/topics/privacy-identity-online-security, or by cutting and pasting the link into the address bar of your browser.

Privacy Policy Contents - Quick Links
Top of Privacy Policy 
1.  What this Privacy Policy Covers
2.  Information Collection and Use
3.  Cookies
4.  Modifying Your Account Information and Preferences
5.  Notice of Your Ability to Obtain and also Prevent Promotional Emails
6.  Confidentiality and Security
7.  Changes to this Privacy Policy
8.  Questions and Suggestions
9.  Your California Privacy Rights
Back to Terms of Use

 

1. WHAT THIS PRIVACY POLICY COVERS

A.   General. This policy covers how Septic Advisor treats information that Septic Advisor collects and receives about you, including information related to your past use of Septic Advisor products and services.   Personal Identifying Information (PII) is information about you that is personally identifiable, like your name, address, e-mail address, or phone number, and that is not otherwise publicly available.  The Website also collects information about your use of the site which does not include personally identifying information (nonPII).

B.   Companies Not Controlled. This policy does not apply to the practices of companies that Septic Advisor does not own or control, or to people that Septic Advisor does not employ or manage.

 

 2. INFORMATION COLLECTION AND USE

A.   Collection of non-Personal Indentifying Information

The Website collects information which does not personally identify you ("NonPII") that is commonly collected on the Internet. For example, we may collect: the name of the domain and host for your Internet access (e.g., AOL, MSN or Earthlink); your computer's Internet address, browser software (e.g., Chrome, Internet Explorer, Mozilla, Safari) and operating system (e.g., Windows or Apple OS); dates and times of access or actions; and the Internet addresses you left to reach us. We may use "cookies" or other technological mechanisms (e.g., pixel images etc.) to collect this kind of information. You may set your browser to warn you or to block cookies. If you block them, however, the Site functionality and appearance may change or become unavailable.

We use NonPII for ordinary business purposes, such as to analyze Site traffic so that we can optimize or adjust Site structure, usability and appeal etc., or to support technologies used by visitors. Generally we do not share NonPII with unaffiliated third parties other than our service providers and marketing parties, but reserve the right to do so.

 B.   Information we collect that does personally identify you

Septic Advisor collects Personal Identifying Information (PII) when you register with Septic Advisor, when you use Septic Advisor products or services, when you visit Septic Advisor pages or the pages of certain Septic Advisor partners.  Septic Advisor may combine information about you that we have with information we obtain from business partners or other companies.

1.  Information Sought. When you register we ask for information such as your name, telephone number, e-mail address, zip code, and industry category. Once you register with Septic Advisor and sign in to our services, you are not anonymous to us.

2.  Financial Services. Septic Advisor collects information about your transactions with us.

3.  IP Address and Cookies. Septic Advisor automatically receives and records information on our server logs from your browser, including your IP address, Septic Advisor cookie information, and the page you request.

4.  Use. Septic Advisor uses this information for the following general purposes: to customize the advertising and content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

C.   Children

1.  Children Under 18. Children under age 18 should not register with Septic Advisor.   We have no intention of collecting personal information from people under the age of 18.  If a child has provided personal information, a parent or guardian may so inform us by sending an email to legal@septic-advisor.com and we will use reasonable efforts to delete it from our database, subject to applicable law and this Policy. For more information about children's privacy on the internet, please see https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

2.  Marketing to Children Under 18. Septic-Advisor will not contact children under age 18 about special offers or for marketing purposes.   Children under 18 are not authorized by Septic Advisor to register as members or as advertisers at the Septic-Advisor.com Website without the consent of a legal guardian.

D.   Information Sharing and Disclosure

1.  Sharing of Personal Information. Septic Advisor does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission, or under the following circumstances:

(a) We provide the information to trusted partners who work on behalf of or with Septic Advisor under confidentiality agreements. These companies may use your personal information to help Septic Advisor communicate with you about offers from Septic Advisor and our marketing partners. However, these companies do not have any independent right to share this information.

(b) We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;

(c) We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Septic Advisor's Terms of Use, or as otherwise required by law; and

(d) We transfer information about you if Septic Advisor is acquired by or merged with another company. In this event, Septic Advisor will notify you before information about you is transferred and becomes subject to a different privacy policy.

2.  Business Contact Information. If you register to become a Septic Advisor member as a Business or any of the other Professional categories, we may (or may not) display your business contact information in a list that is provided to website visitors that are searching for a professional in your selected category within your local region ("local region" may include your entire state).  The information we display may include your business name, location (city and state), and telephone number.  In some cases we may agree to display more detail, if you provide additional information and elect to display the additional information with your listing when you register or update your profile.  If you do not want your contact information displayed, you may stop the display of your contact information by using one of the methods presented in Section 4 Part D of this Privacy Policy.

3.  Ad Targeting. Septic Advisor displays targeted advertisements based on personal information. Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria — for example, men ages 18-24 from a particular geographic area.    Septic Advisor does not provide any personal information to the advertiser when you interact with or view a targeted ad.   However, by interacting with or viewing an ad you are consenting to the possibility that the advertiser will make the assumption that you meet the targeting criteria used to display the ad.

We will retain information for as long as required, allowed or we believe it useful, but do not undertake retention obligations. We may dispose of information in our discretion without notice, subject to applicable law.

 

3. COOKIES

A.   Rights Reserved. Septic Advisor may set and access Septic Advisor cookies on your computer.

B.   This Policy Not Applicable to Other Companies. Septic Advisor lets other companies that show advertisements on some of our pages set and access their cookies on your computer. Other companies' use of their cookies is subject to their own privacy policies, not this one. Advertisers or other companies do not have access to Septic Advisor's cookies.

C.   Web Beacons. Septic Advisor uses Web beacons to validate member receipt of email from Septic Advisor.

 

4. MODIFYING YOUR ACCOUNT INFORMATION AND PREFERENCES

A.  Editing. You can edit your Septic Advisor Account Information, including your contact information and notification preferences, at any time.  To edit your Account Informatiom you must sign in and go to your Profile page; place the cursor over your Username and click the "Profile" button.

B.  New Categories. New categories of marketing communications may be added to the Profile page from time to time. Users who visit this page can opt out of receiving future marketing communications from these new categories or they can unsubscribe by following instructions contained in the messages they receive.

C.  Septic Advisor Marketing and Newsletters. We reserve the right to send you certain communications relating to the Septic Advisor service, such as service announcements, administrative messages, notices regarding postings (blogs) to the Site forums, and Septic Advisor newsletters, that are considered part of your Septic-Advisor.com website account.

D.  Account Removal and Modification. You can remove or change your Septic-Advisor member listing by contacting member services at memberservices@septic-advisor.com.   Typically, this may include one of the following:

  • Modifying a Business account by changing your "Services Provided" or "Service Area". This will modify how and where your Business is listed.
  • Changing your account type from a "Business" account to a "non-Business" account. Changing to a Non-Business account will allow you to continue to participate in the Site and remove you from our Business listings. 
  • Changing your account status to "Inactive"  Changing your account status to "Inactive" will not allow you to continue to participate in the Site as a registered member; your information will be archived.  Archived accounts will be maintained at our discretion and may be deleted from our database at any time.   See also Terms of Use, Sections 3, 4, and 9 relative to User Generated Content and Cancellation or Termination.   

Requests to modify or halt display of Business contact information will be processed within a reasonable periiod but will not be immediately effective.

 

5. NOTICE OF YOUR ABILITY TO OBTAIN AND ALSO PREVENT PROMOTIONAL EMAILS

No matter when you provided your email address, we only want to send you emails primarily intended to advertise or promote commercial products or services ("Commercial Emails or "CEM"), if you want to receive them.

Accordingly, if you decide you do not want to receive professional notices, advertisements and commercial promotions from us you may:

 a.  Change your Notification Preferences on the Profile page.  After Sign-in and go to your Profile page by placing the cursor over your Username and click the "Profile" button.   This page allows you to edit your contact information including your notification preferences.     OR

 b. Email Instructions. Follow the instructions in any CEM regarding how to stop receiving further CEMs.

Unless notified not to do so by one of the above methods, we will use your email address to send you CEMs about us. Please note that regardless of your choice, we may send emails that are "transactional or relationship messages" as defined in the U.S. "CAN-SPAM Act of 2003" or its regulations, and we may also communicate as allowed by law or this Policy, including communicating to respond to your inquiries, however you make them (e.g., by phone, email or letter). We may also continue to send emails until you have completed our change-of-preference procedures or the law requires us to complete them, whichever is earlier. Any decisions to stop receiving CEM will not apply retroactively.

 

6. CONFIDENTIALITY AND SECURITY

A.   Limited Access to Information. We limit access to personal information about you to employees who we believe reasonably need to come into contact with that information to provide products or services to you or in order to do their jobs.

B.   Safeguards. We have physical, electronic, and procedural safeguards to protect personal information about you.

C.   Protection. Your Septic-Advisor.com Account Information is password-protected.

D.   Security

    • Credit Cards. For transactions involving credit cards, we will use secure socket layer (SSL) encryption to protect the transmission of credit card information when you enter it at our Site. We will require your credit card number and your credit card validation code for processing your order.  We may store your credit card number for your convenience when processing future orders. We use the credit card validation code only for processing a single order.  Once the order is complete the credit card validation code is not retained in our system. 
    • Emails. Your emails to us are not necessarily secure against interception so do not include sensitive information in them.  We will not ask for your credit card number, password or other sensitive information in an email and you should assume that if you get such a request, it is fraudulent.
    • Member Accounts. Each member account has a unique "Username".   Access to each member account (and your personal data) is password protected. The minimum password length is 8 characters and requires at least one character and at least one number. We recommend that you use a variation of letters and numbers instead of common words.

You agree not to enter or store information on the Site if you (or anyone else whose information you enter) desire a higher level of security or if you have not obtained consent from the person whose information you are storing. 

Neither humans, passwords nor security systems are foolproof or necessarily work as intended, including encryption, and people can commit intentional crimes, make mistakes or fail to follow policies. Although we take what we believe are commercially reasonable security precautions, we do not guaranty security. You agree to do what you reasonably can to help promote security (e.g., never reveal your account password or make it accessible to others).

 

7. CHANGES TO THIS PRIVACY POLICY

Septic Advisor may update this policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary e-mail address specified in your Septic-Advisor,com account or by placing a prominent notice on our Site.

 

8. QUESTIONS AND SUGGESTIONS

If you have questions or suggestions, please contact us at:
Septic-Advisor, LLC
P.O. Box 957
Northampton, MA 01061-0957

 

9. YOUR CALIFORNIA PRIVACY RIGHTS

California Civil Code §1798.83 permits our visitors who are California residents to request certain information regarding their disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to legal@septic-advisor.com or write us at:

Septic-Advisor, LLC
Attn: Legal
P.O. Box 957
Northampton, MA  01061-0957