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PHTHALATE ESTERS PANEL OF THE AMERICAN CHEMISTRY COUNCIL
TERMS & CONDITIONS OF USE TABLE OF CONTENTS GENERAL PROVISIONS
COPYRIGHT, TRADEMARKS
AND RESTRICTIONS
LINKING TO COUNCIL SITES
SOFTWARE
SUBMISSIONS
FORUMS, E-MAIL, AND PUBLIC
COMMUNICATION
RULES OF CONDUCT
CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES
THIRD
PARTY CONTENT AND LINKS TO OTHER SITES
USER ACCESS
PRIVACY AND SECURITY
NOTICE
AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NO
LEGAL ADVICE
DISCLAIMER
LIMITATION OF LIABILITY
INDEMNIFICATION
JURISDICTION
INTERNATIONAL USE
EXPORT CONTROLS
CHOICE
OF LAW AND FORUM
SEVERABILTY AND INTEGRATION
TERMINATION
SURVIVAL
CONTACT INFORMATION
LAST
UPDATED Welcome to the Internet
Sites of the American Chemistry Council® ("ACC"), the trade association
representing U.S. chemical companies and including significant business groups,
such as the American Plastics Council® and the Chlorine Chemistry Council®.
The American Chemistry Council, its subsidiaries, and affiliated companies (referred
to herein as "Council," "we," "us," or "our")
maintain these sites (each a "Council Site" and collectively "Council
Sites"). BY
USING A COUNCIL SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND
NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE "TERMS
& CONDITIONS" OR "TERMS") ON OUR SITES. IF YOU DO NOT AGREE
TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE COUNCIL SITES. WE
RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS
OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY
FOR CHANGES. YOUR CONTINUED USE OF COUNCIL SITES FOLLOWING THE POSTING OF ANY
CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES. Some
Council Sites or areas of Sites may have different terms and conditions posted.
Any such terms will not vary or replace these Terms & Conditions regarding
the use of Council Sites, unless they expressly state otherwise. Additionally,
a Council Site may contain page(s) or areas with their own Terms & Conditions,
in addition to those listed here, which you should review and with which you must
agree in order to use those areas. back to top COPYRIGHT, TRADEMARKS AND RESTRICTIONS Council
Sites and their contents are protected pursuant to U.S. and international copyright
laws. All materials published on Council Sites are the copyrighted property of
the Council, its subsidiaries, and affiliated companies, third party licensors,
or the party credited. The Council claims no copyright in any government or other
public domain content that may be on our sites. All trademarks, service marks
and trade names, including but not limited to the ACC mark, Responsible CareÒ,
as well as other marks, owned by the Council are protected by state, federal,
and international trademark law. All other trademarks appearing on Council Sites
are the property of their respective owners. Except
where otherwise noted, permission to use Materials (such as white papers, press
releases, datasheets, and FAQs) from Council Sites is granted, provided that (1)
none of the copyright, trademark, or other proprietary notices are removed, (2)
the Materials are not edited or modified in any way without prior written consent,
(3) use of such Materials from the Council Site is for informational and non-commercial
or personal use only and may not be used in a misleading or deceptive manner,
and (4) you do not use any Materials, without express written permission, in a
manner that suggests an association with any of our business units, services,
initiatives or other activities. Further, you agree to abide by all additional
copyright notices, information, or restrictions contained in any material or content
on the Council Sites. Materials
specified above do not include the design or layout of the Council Sites or any
other Council owned, operated, licensed, or controlled site. back to top LINKING TO COUNCIL SITES The
Council has no objection to links made from other sites to Council Sites, provided
that you comply with the following requirements: (1)
You may not frame or alter the appearance of Council Sites. (2)
You may not state or imply that the Council endorses, sponsors or otherwise approves
your site or any other sites. (3)
You may not use any Council Trademarks or logos without prior written consent. (4)
In view of the dynamic nature of the Internet, and the possibility of updates
and changes, we request that your link enter Council Sites at their home pages. (5)
You must abide by all of the other Council Terms and Conditions of use set forth
herein. (6) Due
to the diverse nature of our web activities, websites within the Council Internet
family may have linking policies that differ from this policy. In such cases,
the linking policy of the particular Council Site will be posted, and will supersede
the Terms regarding linking to Council Sites of this document. back to top SOFTWARE If
you download software or applications from any Council Site, the software or applications,
including any files, images incorporated in or generated by the software or applications,
and data and instructions accompanying the software or applications (collectively,
the "Software") are licensed to you by the Council or our third party
licensors for your personal, non-commercial use. We do not transfer title to the
Software to you. We (or third-party licensors) retain full and complete title
to the Software and all intellectual property rights therein. Except as expressly
authorized by us, you agree not to redistribute, sell, de-compile, reverse engineer,
disassemble, or create derivative works based on the Software, in whole or in
part. If you have
any questions regarding this notice, please send an E-mail to marian_stanley@americanchemistry.com back to top SUBMISSIONS At
times Council Sites may request ideas or materials that include but that are not
limited to concepts, know-how, techniques, suggestions, and materials (collectively
"Submission(s)"). Except as expressly provided in our Privacy Policy,
in a separate written agreement between you and the Council, or otherwise expressly
stated, by submitting any Submission, whether solicited by us or not, you are
automatically granting the Council a royalty-free, perpetual, non-exclusive, unrestricted,
worldwide license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such materials
and/or ideas or incorporate such materials and/or ideas into any form, medium,
or technology now known or later developed throughout the universe, and that all
so-called "moral rights" to such Submissions have been waived. This
grant of rights means that such Submissions will be owned by the Council, and
may be used without any payment to, or further authorization by you. The foregoing
grants shall include the right to exploit any proprietary rights in such communication,
including but not limited to rights under copyright, trademark, service mark,
or patent laws under any relevant jurisdiction. back to top FORUMS, E-MAIL, AND PUBLIC COMMUNICATION Council
Sites may include forums, chat rooms, e-mail function, or other areas (collectively
"Forums"), where users can post or exchange information, ideas, opinions,
photographs, images, videos, creative works or any other materials (collectively
"Messages") with other users of the Site or the Internet. In no event
shall the Council assume or have any responsibility or liability for any Messages
posted on Forums or for any claims, damages or losses resulting from their use
or appearance on a Council Site. Children under the age of 18 are not authorized
to post messages or participate in Forums on Council Sites. The
Council does not control Messages delivered to Forums, and the Council has no
obligation to monitor such Forums. If at any time the Council chooses, in its
sole discretion, to monitor the Forums, the Council nonetheless assumes no responsibility
for the content of the Messages, no obligation to modify or remove any inappropriate
Messages, and no responsibility for the conduct of the user submitting any Messages. The
Messages do not necessarily reflect the views of the Council and are not necessarily
reviewed prior to posting. The Council makes no warranties, express or implied,
as to the content of the Messages in the Forums or the accuracy or reliability
of any Messages and other materials in the Forums. The Council reserves the right
at all times to disclose any information (including the identity of the persons
providing information or materials on its Forums) as necessary to satisfy any
law, regulation, or governmental request. Further, the Council reserves the right
to restrict, prohibit your use, and remove or edit Messages from any Forum at
any time, for any reason. By
posting Messages (including but not limited to acts of uploading files, inputting
data, or engaging in any other form of communication) through Forums, you are
granting the Council a royalty-free, perpetual, non-exclusive, unrestricted, worldwide
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials and/or
ideas or incorporate such materials and/or ideas into any form, medium, or technology
now known or later developed throughout the universe, and that all so-called "moral
rights" to such Messages have been waived. This grant of rights means that
such Messages will be owned by the Council, and may be used without any payment
to, or further authorization by you. The foregoing grants shall include the right
to exploit any proprietary rights in such communication, including but not limited
to rights under copyright, trademark, service mark, or patent laws under any relevant
jurisdiction. back to top RULES OF CONDUCT It
is a condition of your use of Forums and Council Sites that you do not: (1)
Use any Forums for any illegal purposes (or to solicit any illegal act) including,
but not limited to, violating applicable antitrust laws and regulations. (2)
Restrict or inhibit any other user from using and enjoying the Forums; (3)
Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene,
vulgar, harassing, pornographic, profane, or indecent information of any kind,
including images and language or unlawful material or any material that could
constitute or encourage conduct that would be considered a criminal offense or
give rise to civil liability, or otherwise violate any law; (4)
Post or transmit any message with bigoted, hateful, or racially offensive statements;
(5) Post any
message that solicits gambling or engage in any gambling activity; (6)
Transmit or upload any information, software or other material that violates or
infringes on the rights of others, including material that is an invasion of privacy
or publicity rights or that is protected by copyright, trademark or other proprietary
right, or derivative works with respect thereto, without first obtaining permission
from the owner or right holder; (7)
Post or distribute any software or other materials that contain a virus or other
harmful component; (8)
Advertise or sell or solicit to others; (9)
Use the site or its services for the purposes of sending junk email, chain letters,
duplicative or unsolicited messages or "spamming," or in connection
with contests, surveys, or pyramid schemes; (10)
Try to gain unauthorized access to an Council Site, other users' accounts, or
computers connected to the Council Site though password mining or other means;
or (11) Interfere
with another user's use and enjoyment of a Council Site or any other individual's
use and enjoyment of related services. If
at any time you are not happy with the Forums or object to any material within
Forums, your sole remedy is to cease using them. back to top CONTESTS AND SWEEPSTAKES, AUCTIONS, AND
OTHER ACTIVITIES Council
Sites may contain certain activities including, without limitation, e-mail services,
contests, sweepstakes, and auctions (collectively "Contests"). Each
Contest has its own rules, which you must read and agree to before you may enter. back to top THIRD PARTY CONTENT AND LINKS TO OTHER
SITES At
certain places on Council Sites, users may be able to link to other Internet addresses.
These other sites are not under the control of the Council, and you acknowledge
that the Council is not responsible for the accuracy, copyright compliance, legality,
decency, or any other aspect of such sites. The inclusion of such a link does
not imply endorsement of the site by the Council or any association with its operators.
Use of any information on Council Sites or obtained from linked addresses is voluntary
and reliance on it should only be undertaken after an independent review. A link
or reference herein to any specific commercial product, process or service by
trademark name, trademark, service mark, manufacturer or otherwise does not constitute
or imply endorsement, recommendation or favoring by the Council. back to top USER ACCESS User
access and use of Council Sites, or portions thereof may be restricted through
the use of a login and password registration mechanism or similar process (collectively
"User Account"). You are responsible for maintaining the confidentiality
of your User Account, and are fully responsible for all activities that occur
under your User Account. You agree to (a) immediately notify us of any unauthorized
use of your User Account or any other breach of security, and (b) ensure that
you exit from restricted areas at the end of each session. We will not be liable
for any loss or damage arising from your failure to comply with this provision. We
may change, suspend or discontinue any aspect of our online services at any time,
including the availability of any feature, database, or content available at a
Council Site. The Council may also impose limits on certain features and services
or restrict your access to parts or all of a Council Site(s) without notice or
liability. back to top PRIVACY AND SECURITY We
respect the privacy of visitors to Council Sites. For more information about how
we use and protect the personal information you may provide through our websites,
please click here to review the website's privacy
policy. Note that The Council reserves the right to change its privacy policy
at any time without notice.
Please
note Council Sites may contain links to other Internet websites. Whenever you
travel to another website you should review its privacy policy. The Council is
not responsible for the contents or privacy practices of third-party sites. back to top NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT We
may give notice to our users by means of a general notice on any Council Site,
electronic mail to a user's e-mail address in our records, or by written communication
sent by first-class mail to a user's address in our records. The
Council respects the rights of all copyright holders and we ask our users to do
the same. If you believe that your work has been copied in a way that constitutes
copyright infringement on a Council Site, or your intellectual property rights
have been otherwise violated, please provide the Council's Copyright Agent with
the information required by the Online Copyright Infringement Liability Limitation
Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512. Notification
must be submitted to the following Designated Agent: David
F. Zoll, Esq.
Vice President & General Counsel
American Chemistry Council
1300
Wilson Boulevard
Arlington, VA 22209
Tele: (703) 741-5000
Fax: (703)
741-6000
E-Mail: copyright@americanchemistry.com
This contact
information is for notices of copyright infringement only. To
be effective, the notification must be a written communication that includes the
following: (1)
A physical or electronic signature of person authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed; (2)
Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site; (3)
Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled,
and information reasonably sufficient to permit the service provider to locate
the material; (4)
Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted; (5)
A statement that the complaining party has a good-faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law; and (6)
A statement that the information in the notification is accurate and, under penalty
of perjury, that the complaining party is authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed. Through
this provision the Council seeks to preserve any and all exemptions from liability
that may be available under the copyright law, but does not necessarily stipulate
that it is a service provider as defined in 17 U.S.C. § 512 or elsewhere
in the law. back to top NO LEGAL ADVICE Nothing
contained on Council Sites is intended as, nor shall be construed as, legal advice,
guidance, or interpretation. No attorney-client relationship is established between
the Council and you by your using Council Sites. The information provided on Council
Sites is for general informational purposes only, and questions about any law,
statute, or regulation should be directed to an attorney with expertise in the
relevant area. back to top DISCLAIMER COUNCIL
SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED
IN OR AVAILABLE THROUGH COUNCIL SITES (THE "CONTENT") ARE PROVIDED "AS
IS" AND "AS AVAILABLE" FOR YOUR USE. COUNCIL SITES INCLUDING CONTENT
ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NONINFRINGEMENT. THE AMERICAN CHEMISTRY COUNCIL, ITS MEMBERS, SUBSIDIARIES,
AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT
COUNCIL SITES AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM
ERROR OR OMISSIONS; THAT COUNCIL SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME
OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT COUNCIL SITES
AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE
COUNCIL, AND ON BEHALF ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS,
EMPLOYEES, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF
TITLE AND/OR NON-INFRINGEMENT RELATED TO COUNCIL SITES. YOUR USE OF COUNCIL SITES
IS SOLELY AT YOUR OWN RISK. back to top LIMITATION OF LIABILITY UNDER
NO CIRCUMSTANCES SHALL THE AMERICAN CHEMISTRY COUNCIL, ITS MEMBERS, SUBSIDIARIES,
AND AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
RELATED TO YOUR VIOLATION OF THESE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY
TO USE, Council SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN
IF the Council HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, THE COUNCIL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY
TO THE EXTENT PERMITTED BY LAW. back to top INDEMNIFICATION You
agree to indemnify and hold harmless and upon request defend, the American Chemistry
Council, its members, subsidiaries, and affiliated companies, or its licensors,
employees, and the like, from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of Council Sites and/or breach
of these Terms. The Council reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to indemnification
by you, in which event you will cooperate with the Council in asserting any available
defenses. back to top JURISDICTION The
Council Sites are maintained by or on behalf of the Council, located in the Commonwealth
of Virginia, United States of America, or its affiliates. We make no representation
that these materials are appropriate or available for use in any particular location.
If you use a Council Site, you are responsible for compliance with applicable
laws. By downloading or using content or features of a Council Site, you assume
the responsibility for doing in compliance with the law that applies in jurisdiction(s)
where you are located. back to top INTERNATIONAL USE The
Council makes no representation that materials on Council Sites are appropriate
or available for use in locations outside the United States, and accessing them
from territories where their contents are illegal is prohibited. Those who choose
to access Council Sites from other locations do so on their own initiative and
are responsible for compliance with local laws. back to top EXPORT CONTROLS Software
available through Council Sites is subject to U.S. export controls. No software
available from a Council Site may be downloaded or otherwise exported or re-exported
(i) into (or to a national or resident of) any country to which the U.S. now or
in the future embargoes goods; or (ii) to anyone on the U.S. Treasury Department's
list of Specially Designated Nationals, the U.S. Commerce Department's Table of
Denial Orders, or anyone subject to any other U.S. export restrictions. By downloading
or using any software available on a Council Site or from a link to a Council
Site, you agree to the foregoing and you warrant that you are not located in,
under the control of, or a national or resident of any such country on any such
list, or otherwise in violation of U.S. export restrictions. back to top CHOICE OF LAW AND FORUM This
Agreement shall be governed by and construed in accordance with the laws of the
Commonwealth of Virginia, United States of America. Actions brought under this
Agreement shall be brought in the Commonwealth of Virginia in: (1) the Arlington
Circuit Court (17th Circuit); (2) the Alexandria Circuit Court (18th Circuit);
or (3) in the United States District Court for the Eastern District of Virginia
in Alexandria, provided that federal jurisdictional requirements are satisfied.
Contractor agrees and submits to the jurisdiction of such courts for the purpose
of litigating any claim or action related to this Agreement. back to top SEVERABILITY AND INTEGRATION Unless
otherwise specified herein or expressly stated at Council Sites, the terms of
this agreement constitute the entire agreement between you and the Council with
respect to Council Sites and supersedes all prior or contemporaneous communications
and proposals (whether oral, written, or electronic) between you and the Council
with respect to Council Sites. If any part of these Terms & Conditions or
terms specific to a Council Site is held invalid or unenforceable the remaining
portions shall remain in full force and effect. The
section titles in the Terms are for convenience only and have no legal or contractual
effect. back to top TERMINATION The
Council reserves the right, in its sole discretion, to terminate your access to
all Council Sites, a specific Council Site, or an area of a Council Site immediately
and without notice. If you have any problems with these Terms & Conditions
or with a Council Site your sole and exclusive remedy is to cease using the website(s).
back
to top SURVIVAL In
the event that your access terminates as provided herein or you cease using a
Council Site(s), these Terms & Conditions shall survive. back to top CONTACT INFORMATION If
you have any questions regarding these Terms & Conditions, please contact
us at marian_stanley@americanchemistry.com].
If you have any other questions regarding Council Sites, please contact us at: Website
Coordinator
American Chemistry Council
1300 Wilson Boulevard
Arlington,
VA 22209
Tele: (703) 741-5000
Fax: (703) 741-6000
E-Mail: marian_stanley@americanchemistry.com back to top LAST UPDATED These
Terms & Conditions were last updated on March 17, 2003. Please
use your browser's "BACK" button to return to the previous page.
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