Legal

Legal

TERMS OF USE
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THE Spill Center WEBSITE OR ANY RELATED SERVICES. By using the Spill Center website or any related services, you agree to be bound by these Terms of Use. If you do not agree, you may not use the Spill Center website.

Copyright.
The Spill Center website and related software and services (“Website”) is an Internet portal that provides a comprehensive suite of Internet-based applications and Internet services for responding to, reporting, documenting and managing environmental incidents. All content, information, software and other material (“Content”) located on or accessible through the Website is proprietary to Spill Center, Inc. or its licensors, and contents of the Website is protected by United States copyright and other intellectual property laws. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content.

Permitted Use; Restrictions.
Subject to these Terms of Use, Spill Center grants you a limited, non-exclusive license to (a) view and use the Content on the Website, (b) post information on the Website, and (c) copy or print, in plain text only, those items of Content on the Website which specifically state that they may be so copied or printed. Except as set forth above, you shall not (i) copy, reproduce, publish, distribute, create derivative works of, sell, transfer, upload, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Content, or (ii) reverse assemble, decompile, reverse engineer, or attempt to derive source code, the underlying ideas, algorithms, structure or organization of any software on or accessible through the Website. All right, title, and interest in and to the Website (including the Content) and all intellectual property rights therein shall remain with Spill Center and its licensors and no ownership interest is transferred by virtue of making the Content available on the Website or granting the foregoing licenses.

You are not granted any right to use Spill Center trademarks, logos, trade dress (including without limitation the layout of the Website) or other marks, and all such items shall remain the property of Spill Center. If Spill Center removes any Content from the Website all licenses granted with respect to the removed Content are immediately terminated.

Posting of Information.
The Website may enable you to post information in connection with certain discussion groups or other message or communication facilities. You agree that all your postings will be proper, lawful and related to the particular forum. By way of example, and not as a limitation, you agree you will not:

  • Defame, abuse, harass, stalk, or threaten others;
  • Publish, post, upload, distribute or disseminate any obscene, pornographic, defamatory, libelous, or otherwise indecent messages, text, or images, or any material that infringes or otherwise violates the rights of a third party;
  • Upload files that contain software or other material unless you own or control all the rights to that software or other material, or unless you have obtained all consents necessary from the owner(s);
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
  • Advertise or offer to sell any goods or services for any commercial purpose;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
  • Restrict or inhibit any other user from using or enjoying the Website.

Spill Center has no obligation to monitor any information or material posted by you or any third parties, but reserves the right to disclose or remove any such information or material necessary to satisfy any applicable law, regulation, legal process or governmental request. In addition, Spill Center reserves the right to edit, refuse to post or to remove any information or material, in whole or in part, in its sole discretion. By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Website, you grant Spill Center permission, subject to Spill Center’s then-applicable privacy policy, to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, create derivative works transfer, or sell any such communication, for any purpose whatsoever, including, without limitation, a commercial purpose without any compensation to you.

Failure to Comply with Terms of Use.
You acknowledge and agree that Spill Center may deny you access to or use of all or part of the Website without prior notice if you engage in any conduct or activities that Spill Center in its sole discretion believe violates any of these Terms of Use, violates the rights of Spill Center or its licensors, or is otherwise inappropriate for continued access and use of the Website.

Other Websites.
The Website has links to other websites which are not under the control of Spill Center and Spill Center is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such websites. The inclusion of any link does not imply endorsement by Spill Center of the website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

Termination.
You may discontinue your participation in and access to the Website at any time. These Terms of Use will continue to apply to all past use of the Website by you, even if you are no longer using the Website,

Disclaimer of Warranties.
THE WEBSITE IS PROVIDED TO YOU “AS IS” WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Spill Center AND ITS LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO WEBSITE, INCLUDING ‘ BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability.
IN NO EVENT WILL Spill Center, OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS (COLLECTIVELY, “Spill Center PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING FROM YOUR USE OR INABILITY TO USE THE WEB SITE OR RESULTING FROM ANY GOODS OR SERVICES AVAILABLE VIA THE WEB SITE, EVEN IF THE Spill Center PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE Spill Center PARTIES’AGGREGATE LIABILITY UNDER THIS AGREEMENT, OR FOR BREACH OF THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EXCEED THE TOTAL FEES PAID BY YOU TO Spill Center AS OF THE TIME ANY SUCH CLAIM AROSE,

Indemnification.
You agree to indemnify, defend and hold harmless Spill Center and its licensors, and their respective officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys’ fees) arising from your failure to comply with these Terms of Use, from your infringement or violation of any intellectual property or other right of a third party, or from your violation of any applicable laws.

Governing Law; Jurisdiction.
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to its conflict of laws provisions. All disputes arising out of or related to these Terms of Use will be subject to the exclusive jurisdiction and venue of the Massachusetts courts located in Worcester County and the U.S. District Court for the Eastern District of Massachusetts, and you hereby consent to such jurisdiction and venue.

Amendment.
We may amend these Terms of Use from time to time by posting amended terms on the website. If you wish to receive an email update for each such amendment, please send an email indicating such request to legal@spillcenter.com. Any amendment will automatically be effective upon posting on the website. This agreement may not be otherwise amended except in writing signed by both parties.

General.
These Terms of Use constitute the entire agreement between you and Spill Center with respect to the Website, and these terms replace all prior or contemporaneous Understandings or agreements, written or oral, regarding the Website. If any provision of these Terms of Use is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of these Terms and Service shall remain in full force and effect. The failure by Spill Center to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right of Spill Center. These Terms of Use will inure to the benefit of Spill Center and its respective successors and assigns.

Contacting Us.
If you have questions or concerns about this agreement, please send us an email at legal@spillcenter.com.

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