Terms and Conditions
Rules and guidelines for using our website and professional environmental consulting services.
These Terms and Conditions ("Terms") govern your use of our website and the environmental consulting and related technical services ("Services") provided by Heart Of The Sky Environmental Consulting, LLC ("us", "we", or "our"). By accessing our site or engaging our Services, you agree to be bound by these Terms.
1. Services
The specific scope of Services—including study objectives, field tasks, deliverables, schedules, and professional fees—will be described in a separate Service Agreement, proposal, or Statement of Work ("SOW") accepted by both parties. These Terms are incorporated by reference into any SOW.
2. Payment Terms
Client agrees to pay all fees as specified in the SOW. Payments are typically due according to the schedule in the agreement (for example, retainer, milestone, or monthly invoicing). Late payments may incur interest or suspension of Services until the account is current, as described in the SOW.
3. Intellectual Property
All pre-existing intellectual property of each party remains the property of that party. Reports, figures, templates, and methodologies developed by us prior to or outside your engagement remain ours; project-specific deliverables prepared for you and paid in full are licensed to you for use consistent with the purpose stated in the SOW (e.g., permitting, financing, or internal operations), unless otherwise agreed in writing.
4. Client Responsibilities
The Client agrees to provide timely access to site personnel, historical records, surveys, agency correspondence, and safe site access so we can perform the Services. Delays or incomplete information may affect schedules, costs, and the reliability of conclusions. The Client is responsible for the accuracy of information supplied to us unless we are retained to verify specific items as stated in the SOW.
5. Confidentiality
Both parties agree to keep confidential non-public information obtained during the engagement, including business plans, environmental data, and agency strategies. This obligation survives termination, subject to legal or regulatory disclosure requirements.
6. Termination
Either party may terminate the Service Agreement as provided in the SOW, typically with written notice. We may suspend or terminate Services for material breach, including non-payment. Upon termination, the Client remains responsible for fees and expenses incurred through the effective date and for work in progress as described in the SOW.
7. Disclaimer of Warranties
Our Services are provided in accordance with the standard of care reasonably expected of qualified environmental professionals in similar circumstances at the time of performance. We do not guarantee specific regulatory outcomes, permit issuance timelines, or absence of contamination, because those depend on site conditions, agency discretion, and third parties beyond our control.
8. Limitation of Liability
Our total liability for any claim arising out of or relating to the Services or these Terms shall not exceed the total professional fees paid by the Client to us in the twelve (12) months preceding the claim (or, if shorter, the duration of the active SOW), except where limitation is prohibited by law. We are not liable for indirect, incidental, special, or consequential damages, including lost profits, except as required by applicable law.
9. Governing Law
These Terms shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Exclusive venue for disputes shall lie in the state or federal courts located in Colorado, unless otherwise agreed in a signed SOW.
10. Changes to Terms
We may modify these Terms from time to time. Material changes will be indicated by updating the "Last updated" reference or posting notice on this page. Continued use of the website or new engagements after changes constitutes acceptance of the revised Terms where permitted by law.