The EPA Alumni
Association ("The Association", "we," or "us") provides the EPAalumni.org site
at URL: http://www.EPAalumni.org
and through various other URLs in connection with our
partner companies and organizations ("the Site") and the services offered on it,
including but not limited to the site's provision of links to other sites
(collectively, the "Services") for our users, whether they be members or other
visitors to the Site ("you") under the following terms of service and use (the
"Terms"). Please read them carefully. You understand and agree that the Services
are provided to you exclusively under these Terms. By using the Services, you
are stating that you have read and understand the Terms and that you agree to be
bound by them. We reserve the right to terminate your use or access to the
Services at any time for any reason, including if we learn that you have
provided false or misleading information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You agree not to use the Services to: (a) violate any local, state, national or
international law; (b) stalk, harass or harm another individual; (c) collect or
store personal data about other users for sharing with non-members; (d)
impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity; and (e) interfere with or disrupt the Services or
servers or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services. You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Services, use of the Services or access
to the Services. Without our written consent, you may not (a) allow, enable, or
otherwise support the transmission of mass unsolicited, commercial advertising
or solicitations via e-mail to members; (b) use any high volume, automated, or
electronic means to access the Services (including without limitation robots,
spiders or scripts); or (c) frame the Site, place pop-up windows over its pages,
or otherwise affect the display of its pages.
2. MODIFICATIONS TO TERMS
We may change the Terms from time to time. We will notify you of any such
changes via e-mail and/or by posting the changes on the start-up screen. If you
object to any such changes, your sole recourse shall be to cease using the
Services. Continued use of the Services following notice of any such changes
shall indicate your acknowledgement of such changes and agreement to be bound by
the terms and conditions of such changes. In addition, certain areas of the
Services may be subject to additional terms of use. By using such areas, or any
part thereof, you agree to be bound by the additional terms of use applicable to
such areas. In the event that any of the additional terms of use governing such
area conflict with these Terms, these Terms shall control.
3. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services with or without
notice to you. We shall not be liable to you or any third party should we
exercise our right to modify or discontinue the Services. If you object to any
such changes, your sole recourse shall be to cease using the Services. Continued
use of the Services following notice of any such changes shall indicate your
acknowledgement of such changes and satisfaction with the Services as so
modified.
4. PRIVACY
From time to time we may request information from you. All uses of such personal
information will be in accordance with our Privacy Policy,
which is incorporated and made part of these Terms of Service.
5. THIRD PARTY CONTENT AND MONITORING
We are a distributor and publisher of content supplied by users of the Services
and by other third parties. Accordingly, we have no editorial control over such
content. Any services, offers, or other information or content expressed or made
available by third parties, including information provided by other users of the
Services, are those of the respective author(s) or distributor(s) of that
information and not of us. We neither endorse nor are responsible for the
accuracy or reliability of any opinion, advice, information, or statement made
on the Services by anyone other than authorized Association spokespersons while
acting in their official capacities. We have the right, but not the obligation,
to monitor and review the content on the Services and your account to determine
compliance with these Terms and any other operating rules established by us, to
satisfy any law, regulation or authorized government request, or for other
purposes. You understand and acknowledge that we do not monitor content for
accuracy or reliability.
6. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY
You are solely responsible for content you provide to us to be published on our
Site through our data entry forms ("Your Content"), and we act as a passive
conduit for the distribution and publication of Your Content. However, we
reserve the right to remove Your Content if we believe Your Content may create
liability for us
or for any other reasonable purpose.
You represent and warrant that Your Content (a) does not infringe on any
third party's copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (b) does not violate any law, statute,
ordinance or regulation, including without limitation the laws and regulations
governing export control; (c) is not defamatory or trade libelous; (d) is not
pornographic or obscene; (e) does not violate any laws regarding unfair
competition, anti-discrimination or false advertising; and (f) does not contain
viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful
or deleterious programming routines. You hereby grant to us a worldwide,
perpetual, irrevocable, royalty-free right, sublicensable through multiple tiers
of sublicensees, to exercise all copyright rights with respect to Your Content
in any media now known or not currently known. The foregoing does not apply to
content contained on hyperlinked pages or any other content you do not submit to
us.
7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or ensuing relationship with other members or non-members or
organizations, nonprofit and public service organizations, volunteers, partners,
advertisers, sponsors or other third parties ("Third Parties") found on or
through the Services, including posting or acceptance of volunteer
opportunities, and any other terms or conditions associated with such dealings,
are solely between you and such Third Party. YOU AGREE THAT THE ASSOCIATION WILL
NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE
RESULT OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD
PARTIES ON THE SERVICES.
8. LINKS
Our provision of a link to any other site or location is for your convenience
and does not signify our endorsement of such other site or location or its
contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS FOUND AT
ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR YOUR USE
OF SUCH INFORMATION.
9. TERMINATION
You agree that we, in our sole discretion, may terminate your use of the
Services without prior notice, and remove and discard Your Content from the
Site, for any reason and without prior notice, including, without limitation, if
we believe that you have violated or acted inconsistently with the letter or
spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SERVICES. You may
discontinue your participation in and access to the Services at any time. In
the sole discretion of the Association, any membership dues you may have paid
for the current calendar year may be returned in whole or part.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE ASSOCIATION EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES. THE
ASSOCIATION MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR
THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES
THE ASSOCIATION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION
OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR INFORMATION. THE ASSOCIATION MAKES NO WARRANTY REGARDING ANY
DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER MEMBERS OR THIRD
PARTIES THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM THE ASSOCIATION OR THROUGH THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL THE ASSOCIATION OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS,
SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD
HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ACCESS
TO THE SERVICES AS YOUR) USE OF THE SERVICES. THE AGGREGATE LIABILITY OF THE
ASSOCIATION TO YOU FOR ALL CLIAMS ARISING FROM THE SERVICES IS LIMITED TO ONE
HUNDRED DOLLARS ($100).
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to you.
To the extent that we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of our liability shall be the minimum permitted under
such applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless the Association, its parents,
subsidiaries, affiliates, officers, directors, co-branders or other partners,
employees, consultants and agents from and against any and all third-party
claims, liabilities, damages, losses, costs, expenses, fees (including
reasonable attorneys' fees and court costs) that such parties may incur as a
result of or arising from (1) Your Content and any information you (or anyone
accessing the Services using your password) submit, post or transmit through the
Services, (2) your (or access to the Services as your) use of the Services, (3)
your (or access to the Services as your) violation of these Terms, (4) your (or
anyone using your account's) violation of any rights of any other person or
entity or,
(5) any viruses, trojan horses, worms, time bombs, cancelbots or other similar
harmful or deleterious programming routines input by you into the Services,
or (6) your violation of any provision of these Terms of Service.
14. TRADEMARKS
Certain of the names, logos, and other materials displayed in the Services
constitute trademarks, tradenames, service marks or logos ("Marks") of us or
other entities. You are not authorized to use any such Marks. Ownership of all
such Marks and the goodwill associated therewith remains with us or those other
entities.
15. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services ("Our Content"), including without limitation, text,
databases, software, code, music, sound, photos, and graphics, is copyrighted by
the Association and/or its licensors under United States and international
copyright laws, is subject to other intellectual property and proprietary rights
and laws, and is owned by the Association or its licensors. Our Content may not
be copied, modified, reproduced, republished, posted, transmitted, sold, offered
for sale, or redistributed in any way without our prior written permission and
the prior written permission of our applicable licensors, with the sole
exception that one copy may be downloaded onto a single computer for (a) your
personal, noncommercial use. You must abide by all copyright notices,
information, or restrictions contained in or attached to any of Our Content.
16. MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the
agreement between you and us with respect to the subject matter hereof, and
govern your use of the Services, superseding any prior agreements or
negotiations between you and us with respect to the subject matter hereof. The
Terms and the relationship between you and the Association shall be governed by
the laws of the State of Maryland as applied to agreements made, entered into
and performed entirely in Maryland by Maryland residents, notwithstanding your
or our actual place of residence. All lawsuits arising out of the Terms or out
of your use of the Services shall be brought in the Federal or state courts
located in Maryland, and you hereby irrevocably submit to the exclusive personal
jurisdiction of such courts for such purpose. Our failure to exercise or enforce
any right or provision of the Terms shall not constitute a waiver of such right
or provision. If any provision of the Terms 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 that the other provisions of the Terms 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 Services or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the Terms are for convenience
only and have no legal or contractual effect.
17. SURVIVAL
The terms of Sections 6 through 20 as well as any other limitations on liability
explicitly set forth herein shall survive the expiration or earlier termination
of the Terms for any reason. Our (and our licensors') proprietary rights
(including any and all intellectual property rights) in and to Our Content and
the Services shall survive the expiration or earlier termination of the Terms
for any reason.
If any part of
these Terms is held invalid or unenforceable, that portion will 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 will remain in
full force and effect.
18. VIOLATIONS
Please report any
violations of the Terms.