Terms of Service

1. Agreement to Terms

By accessing the website at ess-nyc.com or subscribing to any services offered by Environmental Safeguard Solutions LLC (“ESS,” “we,” “us,” or “our”), including the ESS Alert Engine SMS notification service, you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use our services.

2. Description of Services

Environmental Safeguard Solutions LLC is an environmental consulting company based in Queens, New York. Our services include:

• Environmental testing, inspection, and remediation services (lead, asbestos, mold, and more).
• NYC regulatory compliance assistance (Local Law 31, Local Law 152, DOB and HPD violation resolution).
• ESS Alert Engine SMS Notification Service: An automated text message alert system that monitors publicly available records from the NYC Department of Housing Preservation and Development (HPD) and the NYC Department of Buildings (DOB). When a new violation is filed against a monitored property, the system sends an SMS notification to the registered building owner or property manager, providing details about the violation and information about our compliance and remediation services.

3. SMS Alert Service Terms

By opting in to the ESS Alert Engine SMS service, you agree to the following:

SMS alerts are sent from (929) 395-1372. You must be the account holder or have authorization from the account holder of the mobile phone number you provide. We are not responsible for messages that are delayed or undelivered due to carrier issues or device limitations. Compatible carriers include most major U.S. carriers. T-Mobile is not liable for delayed or undelivered messages.

4. Informational Purpose Only — Not Legal Advice

5. User Responsibilities

By using our services, you agree to:

• Provide accurate and current information when signing up for SMS alerts or requesting services.
• Not use our services for any unlawful purpose or in violation of any applicable laws or regulations.
• Not attempt to interfere with, compromise, or disrupt our systems or services.
• Be responsible for any charges from your mobile carrier related to SMS messages.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Environmental Safeguard Solutions LLC, its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, revenue, data, or business opportunities.
• Damages arising from reliance on any information provided through our SMS alerts, website, or services.
• Damages resulting from delays, failures, or interruptions in SMS message delivery.
• Damages resulting from inaccuracies in publicly available violation data.
• Damages resulting from unauthorized access to your data due to circumstances beyond our reasonable control.

Our total liability to you for all claims arising from or related to our services shall not exceed the amount you have paid us, if any, in the twelve (12) months preceding the claim.

7. Disclaimer of Warranties

Our services, including the ESS Alert Engine SMS service and website, are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

8. Intellectual Property

All content on the ESS website, including text, graphics, logos, and software, is the property of Environmental Safeguard Solutions LLC or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our express written permission.

9. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes arising from these terms shall be resolved in the courts located in Queens County, New York.

10. Changes to These Terms

We reserve the right to modify these Terms of Service at any time. When we make changes, we will update the “Last Updated” date at the top of this page. Your continued use of our services after changes are posted constitutes your acceptance of the revised terms.

11. Contact Us

If you have any questions about these Terms of Service, please contact us: