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.
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.
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.
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,
Governing Law; Jurisdiction.
If you have questions or concerns about this agreement, please send us an email at email@example.com.