1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the MON Resource Center website (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement ("Agreement") between you and Dixon Environmental, Inc. ("Dixon Environmental").
1.2 Dixon Environmental may change, add or remove portions of this Terms of Service Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail.
1.3 Use of the Service constitutes acceptance of the Terms of Service Agreement that appears on the Service website (the "Site"), as the same may be changed from to time. By continuing to use the Service after the posting on the Site of such revised Terms of Service Agreement, you agree to be bound by any such revised terms. You can view the most current version of the Terms of Service Agreement on the Site. If any future change is unacceptable to you, stop using the Service and notify us of your concern by sending an email to info@dixonenvironmental.com.
1.4 DIXON ENVIRONMENTAL may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. DIXON ENVIRONMENTAL may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. SERVICE WEB CONTENT
2.1 The contents of the Service are intended for informational purposes only. The materials published through the Service or linked, downloadable or accessible on or via the Site (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by Dixon Environmental, its licensors or the party credited as the provider of the Content. You shall abide by all additional copyright notices information, or restrictions contained in any Content accessed through the Service.
2.2 No claim of copyright is made regarding any EPA documents or any contents of the CFR in accordance with 17 USC Sec. 403.
2.3 The Site, including, but not limited to, the Content and the overall "look and feel" of the Site, is owned by Dixon Environmental or its licensors, and is protected under the copyright, trademark and other intellectual property laws of the United States and other countries as well as by international treaties and conventions. The Site is further protected as a collective work and/or compilation under U.S. copyright and other laws, treaties and conventions. You agree to abide by all applicable copyright, trademark and other intellectual property laws and with all additional copyright and trademark notices, information, and restrictions contained in or on any of the Content. Except as expressly authorized by Dixon Environmental or the applicable copyright owner, you agree not to copy, modify, reproduce, transmit, display, perform, store, distribute, sell, abridge, modify, create derivative works, or otherwise use the Content or any other portion of the Service or Site in any way without Dixon Environmenta's or with respect to Content licensed to Dixon Environmental, the copyright owner's prior consent, except that you may download and/or print a reasonable number of copies of any portion of the Content or the Site for your internal business use as long as you keep intact all copyright, trademark and other proprietary notices. The Content may not be taken out of context or presented in an unfair, misleading or discriminating way. You agree not to remove any copyright notice or other notice signifying the intellectual property or other proprietary rights of Dixon Environmental, any of its licensors or any third party. Except as expressly provided in this Agreement, neither Dixon Environmental nor its licensors grant any express or implied right to you under any copyright, trademark, or other intellectual property or proprietary right.
2.4 Dixon Environmental, the DE logo, and MON Resource Center are trademarks of Dixon Environmental (the "Marks"). Without Dixon Environmental's prior permission, you agree not to display or use in any manner the Marks. SOCMA is a trademark of Synthetic Organic Chemical Manufacturers Association ("SOCMA") and without SOCMA's prior permission , you agree not to display or use in any manner the SOCMA mark. All other trademarks, service marks, logos, and trade names appearing on the Site are the property of their respective owners.
2.5 You may not engage in systematic retrieval of data or other content or Materials from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory, nor may you "mirror" on your own site or any other server any Content of the Service, including, without limitation, the Service's home page or result pages. Use of the Content of the Service for any purpose not expressly permitted by this Agreement is prohibited.
3. FORUMS AND DISCUSSIONS
3.1 You shall not upload to, or distribute or otherwise publish on the message boards (the "Forums") any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
3.2 The Forums shall be used only in a noncommercial manner. You shall not, without the express approval of Dixon Environmental, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services. You agree that all postings to such discussion forums shall be of an informational nature and for informational purposes only. Commercial use or any other unauthorized use of such discussion forums is prohibited. You agree to not use such discussion forums to conduct business, including the direct or indirect marketing of users' products or services, in any manner. You agree to not use such discussion forums to provide information, materials, products, or services in exchange for compensation of any kind.
3.3 You are solely responsible for the content of your messages. However, while Dixon Environmental does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, Dixon Environmental reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
3.4 You acknowledge that any submissions you make to the Service (e.g. posts to any forums) may be edited, removed, modified, published, transmitted, and displayed by Dixon Environmental and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you. By submitting a post to the forum you are consenting to its display on the site.
3.5 You agree that this Site, including any discussion forum and/or listserv on it, shall not be utilized in any manner that violates federal or state antitrust laws or other laws prohibiting anticompetitive practices. The antitrust laws generally prohibit any agreement or understanding inconsistent with the right and obligation of competitors to exercise independent business judgment in pricing their products or services, dealing with their customers and suppliers, and selecting the markets in which to compete. No express agreement or understanding is required; one can be inferred from statements or conduct. You agree to not provide any Content regarding specific prices or fees charged or paid, and to not provide any Content concerning prices, pricing practices, discounts, or other terms or conditions of sale either obtained by or offered to another entity. Your further agree to not provide any Content that includes any information concerning market shares, salaries, costs, sales territories, profit margins, or that encourages the selection or rejection of customers or suppliers.
3.6 You agree not to submit or transmit (1) materials that you do not have a right to transmit under any law or contractual or fiduciary relationship - such as information learned or disclosed as part of employment relationships or under Non-disclosure Agreements or (2) viruses or other files or programs designed to interrupt, limit or destroy functionality.
4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
4.1 The Service may contain links to other related World Wide Web Internet sites, resources, and sponsors of the Service. Since Dixon Environmental is not responsible for the availability of these outside resources, their contents, their Privacy Policy or Terms of Service, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least thirteen years old. You hereby indemnify, defend and hold harmless Dixon Environmental, and all officers, directors, owners, agents, information providers, affiliates, sponsors, suppliers, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Dixon Environmental reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6. NO WARRANTY BY DIXON ENVIRONMENTAL
6.1 DIXON ENVIRONMENTAL (AND EACH OF ITS SPONSORS, SUPPLIERS AND LICENSORS) PROVIDE THE SERVICE AND THE SITE (INCLUDING THE CONTENT) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF DIXON ENVIRONMENTAL OR ITS SPONSORS, SUPPLIERS OR LICENSORS MAKES ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. DIXON ENVIRONMENTAL AND ITS SPONSORS, SUPPLIERS AND LICENSORS DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. DIXON ENVIRONMENTAL AND EACH OF ITS SPONSORS, SUPPLIERS AND LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
7. LIMITATION OF LIABILITY
7.1 UNDER NO CIRCUMSTANCES SHALL DIXON ENVIRONMENTAL OR ANY OF ITS SPONSORS, SUPPLIERS OR LICENSORS HAVE ANY LIABILITY TO YOU OR TO THIRD PARTIES FOR THE QUALITY, ACCURACY, TIMELINESS, CONTINUED AVAILABILITY OR COMPLETENESS OF THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT. IN NO EVENT WILL DIXON ENVIRONMENTAL OR ANY OF ITS SPONSORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES THAT YOU MAY INCUR BY USING THE SITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT, INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND LOSS OF REVENUE, EVEN IF DIXON ENVIRONMENTAL OR SUCH SPONSOR, SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Dixon Environmental and its sponsors, suppliers and licensors shall be limited to the greater of the amount actually paid by you for the subscription term or U.S.$20.00 (Twenty dollars U.S.). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. Applicable law may not allow the limitation or exclusion of liability for incidental, consequential, special, punitive or exemplary damages or the exclusion of implied warranties.
Without limiting the foregoing, you acknowledge that SOCMA has provided funding to Dixon Environmental for the initial development and deployment of the Service and the Site, but that SOCMA has no control over the Site or the Service or the Content appearing therein and thereon. Accordingly, you acknowledge and agree that UNDER NO CIRCUMSTANCES SHALL SOCMA HAVE ANY LIABILITY TO YOU ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, THE SITE OR ANY CONTENT.
8. MISCELLANEOUS
8.1 This Agreement has been made in and shall be construed and enforced in accordance with Pennsylvania law without regard to principles of conflicts of laws. You agree to submit to the jurisdiction of the state and federal courts having jurisdiction in Chester County in the Commonwealth of Pennsylvania in respect of litigation arising out of this Agreement, waiving all affirmative and legal defenses in respect of jurisdiction, forum and venue.
8.2 Correspondence should be sent to info@dixonenvironmental.com or
Dixon Environmental Associates, Inc.
605 Swedesford Rd.
Frazer, PA 19355
ATTN: Ms. April Uhlenburg, MBA
8.3. The failure of Dixon Environmental to exercise or enforce any right or provision of the Subscriber Agreement shall not constitute a waiver of such right or provision. If any provision of the Subscriber Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Subscriber Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Subscriber Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
8.4. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof and merges and supersedes all prior discussions, agreements and understandings of any kind and every nature between the parties.
8.5. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
8.6 Acceptance of this Agreement constitutes acceptance of Dixon Environmental's Privacy Policy, as updated and found on the Site (LINK).
8.7 All obligations arising prior to the termination of this Agreement and all provisions allocating responsibility or liability between you and Dixon Environmental shall survive the termination of this Agreement.
8.8 This Agreement is made and entered into for the sole legal protection and benefit of Dixon Environmental and you and your successors and permitted assigns, and no other person shall be the direct or indirect beneficiary of, or have any direct or indirect cause of action or claim in connection with, this Agreement except that Dixon Environmental's sponsors, supplies and licensors, including without limitation, SOCMA, and the other Indemnified Parties shall be third party beneficiaries hereof with the full right to enforce any provisions applicable to them and any protections afforded to them hereunder.
9. COPYRIGHT INFRINGEMENT NOTICE
Dixon Environmental respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Dixon Environmental's agent (as described below) with the following information:
a. the name, address, email address and an electronic or physical signature of the complaining party;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of the material that you claim is infringing and where it is located on the Site;
d. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
e. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the owner's behalf.
Dixon Environmental's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
Dixon Environmental Associates, Inc.
Copyright Agent
ATTN: April J. Uhlenburg, MBA
605 Swedesford Rd.
Frazer, PA 19355
Email: info@dixonenvironmental.com
If we remove any Content as a result of receipt of notice pursuant to this section, we will notify the alleged infringer of the removal of such Content thereby providing the alleged infringer with an opportunity to contest such removal.
If a user repeatedly infringes our or third party copyrights, such user's User Name and Password will be deactivated and we may take other appropriate disciplinary action." |
