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EPA.net Terms of Use

Terms of Use

Please read this Terms of Use Agreement (the “Agreement”) carefully before using this site. By accessing or using this site you agree to be bound by this Agreement. The services on this site are provided by Plugged In and its content partners (collectively, "Epa.net"). Your right to access or otherwise use this site is conditioned upon your acceptance of the terms and conditions set forth in this Agreement.

Epa.net reserves the right to modify, alter, or update this Agreement or the terms of use therein at any time, and you agree to be bound by such modifications, alterations or updates. Epa.net will make reasonable efforts at such times to inform users of these modifications.

Acceptable Use

The goal of Epa.net is to create a supportive, safe and welcoming environment where community members —no matter their age, race, physical conditions, national origins, beliefs or lifestyles— can learn, express, connect, produce, have fun and feel supported and valued. By selecting “I Agree” at the bottom of this page, you agree to abide by Epa.net’s Acceptable Use Policies.

User Contributions

Users who post materials to this site (e.g. via bulletin boards, photos, or chat rooms) agree to abide by the following rules:

  1. users may not post or transmit material that is libelous, defamatory, obscene, vulgar, fraudulent, harmful, threatening, abusive or hateful, that violates the property rights of any individual or entity (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity rights of any individual or entity, or that is in violation of applicable laws (including without limitation those of the United States and the State of California);
  2. users may not interfere with any user's use and enjoyment of this site;
  3. users may not use this site to conduct any activity that is illegal or that violates the rights of others;
  4. users may not collect, store, upload, post, email, otherwise transmit, or post links to personally identifying information about any user for commercial or unlawful purposes;
  5. users may not use this site to advertise or sell products or services to others outside of the small business area and/or other designated areas of this site;
  6. users may not use this site to “stalk” or otherwise harass any individual;
  7. users may not impersonate any person or entity or falsely state or otherwise misrepresent any affiliation with a person or entity;
  8. users may not upload, post, email, otherwise transmit, or post links to any material that contains software viruses or other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
  9. interfere with or disrupt Epa.net’s service or servers or networks connected to Epa.net’s service, or disobey any requirements, procedures, policies or regulations of networks connected to Epa.net’s service; and
  10. users must immediately inform Epa.net if they have reason to believe that any user is infringing any copyrighted materials.

A user posting material represents that such material is unique to the user or used with permission of the copyright holder, and assigns to Epa.net an unrestricted license to such material as described below. Epa.net has no responsibility for the content of any material posted by users, but Epa.net reserves the right in its sole discretion to (i) edit or delete any documents, information or other material submitted to or appearing on this site, and (ii) refuse access to the site to any user that violates this Agreement.

Bulletin boards, chat rooms, and other areas contain the opinions and views of other community members. Epa.net is not responsible for the accuracy of any messages on this site and you should always consult an authority before relying on any information you find on this site.

By submitting any materials to Epa.net, you automatically grant, or warrant that the owner of such any materials has expressly granted, Epa.net the royalty-free, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such any materials (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Epa.net will make reasonable efforts to notify and/or acknowledge your contribution should any content you provide be republished or redistributed by Epa.net.

Copyright

All material on Epa.net’s server and this site is protected by U.S. and international copyrights. Only personal use of such material is permitted. Requests for permission to use or reproduce such copyrighted material may be submitted in writing via e-mail to use@pluggedin.org, faxed to (650) 322-6147 or mailed to 2115 University Avenue, East Palo Alto, CA 94303, attention: Epa.net Producer.

Links to Other Web Sites

This site may include links to other Internet sites solely as a convenience to users. Epa.net does not endorse any such sites or the information, material, products or services contained on or accessible through the sites, and you access and use such sites, including information, material, products and services therein, solely at your own risk.

Privacy Policy

Certain registration data and other information about you is subject to our privacy policy. Epa.net agrees not to disclose your information without your permission except as may be required by law. Without limitation, Epa.net may disclosure such information about you to respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims, to assist in the investigation or prevention of illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person or violations of Epa.net’s terms of use. For more information, see Epa.net’s full Privacy Policy.

Disclaimer of Warranty

EPA.NET (INCLUDING ITS AFFILIATES AND CONTENT PARTNERS) DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES WITH REGARD TO THE INFORMATION, SERVICES, AND MATERIALS CONTAINED ON THIS SITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SUCH INFORMATION, SERVICES, AND MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND.

EPA.NET MAKES NO WARRANTY THAT (i) THE EPA.NET SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE EPA.NET SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EPA.NET SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY ANY METHOD BY YOU THROUGH THE EPA.NET SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE EPA.NET SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE EPA.NET SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EPA.NET OR THROUGH OR FROM THE EPA.NET SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

Limitation of Liability

IN NO EVENT SHALL EPA.NET (INCLUDING ITS AFFILIATES OR ITS CONTENT PARTNERS) BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, BUSINESS, DATA OR PROFITS, LITIGATION AND THE LIKE OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITH RESPECT TO GOODS OR SERVICES ADVERTISED THROUGH THIS SITE. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATE STATUTES MIGHT APPLY REGARDING LIMITATION OF LIABILITY.

Indemnification

You agree to indemnify, defend and hold harmless Epa.net (including its affiliates and content partners) from any liability, loss, claim and expense (including attorneys' reasonable fees) related to (i) your violation of this Agreement, and (ii) your posting of material to this site.

Changes to Site/Modifications to this Agreement

Epa.net and its content partners may make improvements or changes in the information, services, products and other materials on this site at any time without notice. Epa.net may modify this Agreement at any time and any such modification shall be immediately effective upon its being posted to the Epa.net site.

Termination

Epa.net reserves the right, in its sole discretion, to terminate your access to all or part of its site, for any reason with or without notice.

Severability

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Choice of Law and Forum

This Agreement and the resolution of any dispute related to this Agreement or the Epa.net site shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law. Epa.net's failure to insist upon strict enforcement of any provision of this Agreement shall not be construed as a waiver of any provision or right. Any legal action or proceeding between Epa.net and any user related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California, County of San Mateo and/or the Northern District of California.

Proprietary Rights

All materials on this site (as well as the organization and layout of the site) are owned and copyrighted by Epa.net or its affiliates or content partners and may be accessed, downloaded or printed for your personal non-commercial use only. Without the prior written permission of Epa.net, you may not copy, distribute or transfer any non-public files on this site, in whole or in part without Epa.net or originating member permission. All trademarks, service marks, and trade names (collectively the "marks") are proprietary to Epa.net or other respective owners that have granted Epa.net the right and license to use such marks.

Use of Information and Services

Epa.net and its parent organization Plugged In assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services or other material on this site. While Epa.net strives to keep the information on this site accurate, complete, and up-to-date, Epa.net and its content partners cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information.

Miscellaneous

Epa.net is program operated by Plugged In -- Learning Through Technology. The Epa.net logo and design and Epa.net site marks are trademarks or service marks of Plugged In. All other trademarks and service marks are the property of their respective owners.

For more information about this Agreement or to report violations on this site, please contact the appropriate administrator at Producer@epa.net.

Click to see more information on our Acceptable Use or Privacy and Security policies.



Copyright © 2002-2004 by EPA.net. All rights reserved. Terms of Use
NOTICE: We collect some personal information on this site.
To learn more about how we use your information,
see our Privacy and Security Policy
and Our Acceptable Use Policies
.