Please read the following terms of service carefully. They are a binding agreement between the Customer and Diablo Green Consulting, Inc. (“Diablo Green” or “We”).

The following terms govern your use of our website. Diablo Green Consulting, Inc. provides environmental and regulatory consulting services.

Client Obligations

Diablo Green will quote and provide services based on information obtained from the Client. The Client is responsible for providing accurate information, access to relevant data and reports, and compliance with regulatory requirements. Diablo Green is not responsible for ensuring a Client is compliant with any state or federal regulatory agency or statute.

Payment Terms

Once services are accepted, the Client agrees to pay all fees and charges associated with the provided environmental consulting services provided by Diablo Green according to the terms outlined herein. Invoices will be issued by Diablo Green upon completion of the agreed-upon environmental consulting and/or regulatory services and transmitted electronically for payment, or as otherwise specified in the consulting services agreement.

Payment for all invoices shall be due within thirty (30) days of the date of the invoice (“Payment Due Date”). In the event that a payment is not received by the Payment Due Date, Diablo Green reserves the right to charge interest on the outstanding amount, accruing daily from the Payment Due Date to the date of payment. Additionally, Diablo Green may suspend or cancel services until payment is received. Payment shall be made by the Client via check to the mailing address within or via credit card. All credit card transactions are subject to a 3% service fee to be payable by the Client.

If the Client disputes any portion of an invoice, the Client must notify Diablo Green within ten (1) days of receipt of the invoice from Diablo Green. The dispute should include detailed information regarding the dispute. Diablo Green will work together with the Client in good faith to resolve any disputed fees promptly.

The Client shall be responsible for any applicable taxes or governmental charges related to the rendered environmental consulting or regulatory services provided by Diablo Green. All payments will be made to Diablo Green in US dollars, unless otherwise agreed upon by the parties.

All fees are non-refundable once services have been rendered. If a project is cancelled prior to the completion of a final report, the Client is responsible for any and all regulatory agency reports and fees associated with the project.

Confidentiality

The Client and Diablo Green acknowledge that, in the course of providing environmental consulting services, confidential information may be disclosed. “Confidential Information” shall include any non-public information, data, materials, or reports disclosed by one party (‘Disclosing Party’) to the other party (‘Receiving Party’), including but not limited to addresses, regulatory records, data, reports, client information, financial information, strategies, business data, and any other proprietary or sensitive information.

The Receiving Party agrees to maintain the confidentiality of all confidential information disclosed by the Disclosing Party and shall not disclose, copy, or use such information for any purpose other than the performance of environmental and regulatory consulting services. The Receiving Party shall take all reasonable measures to protect the confidentiality and prevent the disclosure or use of confidential information.

The obligations of confidentiality will survive the termination of the consulting services agreement. The Receiving Party’s obligations to confidentiality will not apply to any information that: (a) was already known to the Receiving Party prior to disclosure by the Disclosing Party; (b) is publicly available or becomes publicly available through no fault of the Receiving Party; (c) is independently developed by the Receiving Party; or (d) is rightfully received from the Receiving Party from a third party without any obligation of confidentiality.

Each party agrees to use Confidential Information solely to perform its obligations under the consulting agreement. Confidential Information will only be disclosed to those employees, contractors, or agents with the Client who have a need to know such information for the performance of their duties and who are bound by written confidentiality obligations.

Intellectual Property

All intellectual property rights, including but not limited to, patents, trademarks, copyrights, trade secrets, and proprietary methodologies, related to any reports, analyses, recommendations, or other deliverables produced by Diablo Green during the provision of environmental consulting services (collectively, the ‘Deliverables’) shall remain the exclusive property of Diablo Green.

Client acknowledges and agrees that Diablo Green retains all rights, title, and interest in and to the Deliverables, and Client shall not acquire any ownership rights or licenses therein, except as expressly provided herein. Client is hereby granted a limited, non-exclusive, non-transferable license to use the Deliverables solely for the purpose for which they were provided under the consulting agreement.

Client agrees not to reproduce, distribute, modify, adapt, create derivative works of, or reverse engineer the Deliverables, or disclose any confidential or proprietary information contained therein, without the prior written consent of Diablo Green.

Client further agrees that Diablo Green may use Client’s name, logo, and project information for marketing and promotional purposes, unless otherwise specified in writing by Client.

Any suggestions, feedback, or improvements provided by Client to Diablo Green regarding the Deliverables shall become the property of Diablo Green, and Client hereby assigns all right, title, and interest therein to Diablo Green.

Nothing in the consulting agreement shall be construed to grant Client any rights or licenses in Diablo Green’s intellectual property, except as expressly provided herein.

Liability Disclaimer

Diablo Green shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with the provision of environmental consulting services, even if Diablo Green has been advised of the possibility of such damages.

Client agrees that the total liability of Diablo Green for any claims arising out of or related to the consulting agreement, whether in contract, tort, or otherwise, shall not exceed the total amount paid by Client to Diablo Green for the consulting services provided under the consulting agreement during the twelve (12) month period preceding the claim.

Client acknowledges and agrees that the limitations of liability set forth herein are fundamental elements of the consulting agreement and that Diablo Green would not be able to provide the consulting services on an economic basis without such limitations.

The limitations of liability set forth herein shall apply to the fullest extent permitted by law, regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and shall survive the termination of the consulting agreement.

Indemnification

Client agrees to indemnify, defend, and hold harmless Diablo Green, its officers, directors, employees, and agents from and against all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• Any breach of the consulting agreement by Client;
• Any negligence or willful misconduct of Client or its employees, contractors, or agents;
• Any violation of applicable laws, regulations, or third-party rights by Client;
• Any claims or disputes between Client and third parties arising out of or related to the consulting services provided by Diablo Green;
• Any damage to property or injury to persons caused by Client’s use or misuse of the Deliverables provided by Diablo Green.

Diablo Green agrees to promptly notify Client of any claim for which indemnification may be sought and to cooperate with Client in the defense or settlement of such claim, at Client’s expense. Client shall have sole control over the defense and settlement of any such claim, provided that Client shall not settle any claim without the prior written consent of Diablo Green (which consent shall not be unreasonably withheld).

The indemnification obligations set forth herein shall survive the termination of the consulting agreement and remain in full force and effect thereafter.

Termination

Either party may terminate the consulting agreement upon written notice to the other party if:

• The other party materially breaches any provision of the consulting agreement and fails to cure such breach within thirty (30) days of receiving written notice thereof;
• The other party becomes insolvent, files for bankruptcy, or has a receiver or trustee appointed for all or substantially all of its assets;
• The consulting agreement is terminated by mutual agreement of the parties.

Upon termination of the consulting agreement for any reason:

• Client shall pay Diablo Green for all services rendered and expenses incurred up to the effective date of termination;
• Any provisions of the consulting agreement that by their nature should survive termination (including, but not limited to, confidentiality, intellectual property, liability disclaimer, and indemnification provisions) shall survive and remain in full force and effect.

Governing Law & Jurisdiction

The consulting agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Any dispute, controversy, or claim arising out of or relating to the consulting agreement, including its formation, interpretation, breach, termination, or validity, shall be exclusively resolved by arbitration administered by an independently assigned arbitrator. The seat of arbitration shall be within Contra Costa County, California, and the language of the arbitration shall be English. The arbitral award shall be final and binding upon the parties, and judgment upon the award may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, Diablo Green may seek injunctive or other equitable relief in any court of competent jurisdiction to enforce its rights or to prevent irreparable harm, without waiving its right to arbitration.

Changes to Terms

Diablo Green reserves the right, at its sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, Diablo Green will provide at least 15 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Diablo Green’s sole discretion.

By continuing to access or use Diablo Green’s environmental and regulatory consulting services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Diablo Green’s consulting services.

It is your responsibility to review these Terms of Service periodically for changes. Your continued use of Diablo Green’s consulting services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Severability

If any provision of these Terms of Service is held to be invalid, illegal, or unenforceable under any applicable law, such provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the provision shall be deemed severed from these Terms of Service, and the remaining provisions shall continue in full force and effect.

Any invalid, illegal, or unenforceable provision shall not affect the validity, legality, or enforceability of any other provision of these Terms of Service.

Contact Page

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An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Data Collection Notice

We collect personal data collected through our “Contact Us” form solely for the purpose of responding to customer and client inquiries and providing services and assistance. For more information on how we manage personal data, please refer to our Privacy Policy.

Data Controller Contact Information

Lastly, we would like to provide you with our mailing address, so you may contact us the old fashioned way if you please.

Diablo Green Consulting, Inc.
Holly Moore
696 San Ramon Valley Blvd.
Suite 208
Danville, California 94526
USA

This is our only available mailing address worldwide.

To learn more about our Terms of Service, please visit www.diablogreen.com.

Ready to learn more about our services? Send us a note and we’ll reach out to you ASAP!