Legal Terms and Conditions of Use
Notices, Disclaimer and Limit of Liability
The Environmental Industry Associations (EIA), National Solid Wastes Management Association (NSWMA) and the Waste Equipment Technology Association (WASTEC) located at 4301 Connecticut Avenue, NW, Suite 300, Washington, DC 20008 publishes these Internet web sites. EIA, its subsidiaries, and affiliated companies (referred to herein as "EIA," "we," "us," or "our") maintain these sites (each an "EIA Site" and collectively "EIA Sites").
BY USING AN EIA 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 EIA SITES. IF YOU HAVE ANY PROBLEMS WITH THESE TERMS & CONDITIONS OR WITH AN EIA SITE YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE WEBSITE(S). 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 EIA SITES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
EIA SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH EIA SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. EIA MAKES NO REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY, SUITABILITY, OR LACK OF VIRUSES FOR THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED IN THE SITE. ALL INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
EIA SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THESE MATERIALS. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF EIA TO YOU BASED ON ANY CAUSE OF ACTION EXCEED $100.
Reference to specific products, processes, or services do not constitute or imply recommendation or endorsement by EIA. The views and opinions of the document authors do not necessarily state or reflect those of the EIA.
Copyright and Trademarks
EIA Sites and their contents are protected pursuant to U.S. and international copyright laws. All materials published on EIA Sites are the copyrighted property of EIA, its subsidiaries, and affiliated companies, third party licensors, or the party credited. EIA claims no copyright in any government or other public domain content that may be on our sites. All trademarks, service marks, certification marks and trade names, including but not limited to the EIA mark are owned by EIA and are protected by state, federal, and international trademark law. All other trademarks appearing on EIA Sites are the property of their respective owners.
EIA and an independent web consultant developed this site. Web design, layout and selected content are copyright Environmental Industry Associations. All rights reserved. This web site may also contain information copyrighted by others. Information contained on this site is for individual use only. It may not be reproduced, stored in any retrieval system, or transmitted in any form by any electronic, mechanical, photocopying, recording, or other means to others without the prior written consent of the copyright holder.
The names, trademarks, service marks and logos of the EIA appearing on this Web site may not be used in any advertising or publicity, or otherwise to indicate the EIA's sponsorship of or affiliation with any product or service, without the EIA's prior express written permission.
Except where otherwise noted, permission to use Materials (such as white papers, press releases, datasheets, and FAQs) from EIA 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 EIA 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 EIA Sites.
Materials specified above do not include the design or layout of the EIA Sites or any other EIA owned, operated, licensed, or controlled site.
Linking to/from EIA Sites, Third-Party Content
EIA has no objection to links made from other sites to EIA Sites, provided that you comply with the following requirements:
- You may not frame or alter the appearance of EIA Sites.
- You may not state or imply that EIA endorses, sponsors or otherwise approves your site or any other sites.
- You may not use any EIA Trademarks, service marks or logos without prior written consent.
- In view of the dynamic nature of the Internet, and the possibility of updates and changes, we request that your link enter EIA Sites at their home pages.
- You must abide by all of the other EIA Terms and Conditions of use set forth herein.
- Due to the diverse nature of our web activities, websites within the EIA Internet family of sites may have linking policies that differ from this policy. In such cases, the linking policy of the particular EIA Site will be posted, and will supersede the Terms regarding linking to EIA Sites of this document.
Although the EIA's Web site includes links providing direct access to other Internet sites, the EIA takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. In these instances, EIA 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 EIA or any association with its operators. Use of any information on EIA 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 EIA.
User access and use of EIA Sites, or portions thereof may be restricted through the use of a login and password registration mechanism or similar process (collectively "User Account"). You agree that you will not attempt to access password protected and/or secure areas of this site unless you are an authorized user. If you are an authorized user, you agree not to assist third parties in obtaining access to these areas without EIA approval. 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 an EIA Site. EIA may also impose limits on certain features and services or restrict your access to parts or all of an EIA Site(s) without notice or liability.
Forums, E-mail and Submissions
EIA 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 EIA 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 EIA Site. Children under the age of 18 are not authorized to post messages or participate in Forums on EIA Sites.
EIA does not control Messages delivered to Forums, and EIA has no obligation to monitor such Forums. If at any time EIA chooses, in its sole discretion, to monitor the Forums, EIA 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 EIA and are not necessarily reviewed prior to posting. EIA 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. EIA 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, EIA 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 EIA 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 EIA, 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.
Forum Rules of Conduct
It is a condition of your use of Forums and EIA Sites that you do not:
- Use any Forums for any illegal purposes (or to solicit any illegal act) including, but not limited to, violating applicable antitrust laws and regulations;
- Restrict or inhibit any other user from using and enjoying the Forums;
- 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;
- Post or transmit any message with bigoted, hateful, or racially offensive statements;
- Post any message that solicits gambling or engage in any gambling activity;
- 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;
- Post or distribute any software or other materials that contain a virus or other harmful component;
- Advertise or sell or solicit to others;
- 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;
- Try to gain unauthorized access to an EIA Site, other users' accounts, or computers connected to the EIA Site though password mining or other means; or
- Interfere with another user's use and enjoyment of an EIA 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.
EIA reserves the right, in its sole discretion, to terminate your access to all EIA Sites, a specific EIA Site, or an area of an EIA Site immediately and without notice. In the event that your access terminates as provided herein or you cease using EIA
Site(s), these Terms & Conditions shall survive.
Contests and Sweepstakes
EIA 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.
Procedures for Making Claims of Copyright Infringement
We may give notice to our users by means of a general notice on any EIA 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.
EIA 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 an EIA Site, or your intellectual property rights have been otherwise violated, please provide EIA'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:
Environmental Industry Associations
Attn.: General Counsel
4301 Connecticut Ave. NW
Washington, DC 20008
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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 EIA 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.
Nothing contained in this Site is intended as, nor shall be construed as legal advice, guidance, or interpretation. No attorney-client relationship is established between API and you by your use of this site. The information provided on this site is for general educational purposes only and specific questions about any law, statute, or regulation should be directed to an attorney with expertise in the area.
You agree that EIA will not be liable for any loss resulting from a cause over which EIA does not have direct control, including but no limited to the failure of electronic or mechanical equipment, communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, natural disasters, strikes wars, or government/judicial restrictions.
You agree to indemnify and hold harmless and upon request defend, the Environmental Industry Associations, its members, subsidiaries, and affiliated companies, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of EIA Sites and/or breach of these Terms. EIA 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 Association in asserting any available defenses.
Unless otherwise specified herein or expressly stated at EIA Sites, the terms of this agreement constitute the entire agreement between you and EIA with respect to EIA Sites and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and EIA with respect to EIA Sites.
If any part of these Terms & Conditions or terms specific to an EIA Site is held invalid or unenforceable the remaining portions shall remain in full force and effect.
The EIA Sites are maintained by or on behalf of EIA, located in the District of Columbia, 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 EIA Site, you are responsible for compliance with applicable laws. By downloading or using content or features of a EIA Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
This Agreement shall be governed by and construed in accordance with the laws of the District of Columbia, United States of America. Actions brought under this Agreement shall be brought in the District of Columbia, provided that federal jurisdictional requirements are satisfied. You agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.
EIA makes no representation that materials on EIA 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 EIA Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
These Terms & Conditions were last updated in February 2009.