COPYRIGHT, TRADEMARKS AND RESTRICTIONS
The GADSL website and its content is protected pursuant to U.S. and international copyright laws. All materials published on the GADSL website is the copyrighted property of the American Chemistry 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 the site. All trademarks, service marks, certification marks and trade names, including but not limited to the GADSL mark, gadsl.org, the American Chemistry Council of ACC mark, and americanchemistry.com®, among others, are owned by the Council and are protected by state, federal, and international trademark law. All other trademarks appearing on the GADSL website are the property of their respective owners.
Except where otherwise noted, permission to use Materials (such as spreadsheets, databases, guidance documents, and FAQs) from the GADSL website 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 GADSL 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. Materials made available on the GADSL site may not be sold for commercial purposes, and are intended as a convenient reference about the regulatory status of certain substances in vehicle uses. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the GADSL website.
LINKING TO THE GADSL WEBSITE
The Council has no objection to links made from other sites to the GADSL website, provided that you comply with the following requirements:
If you download software or applications from any GADSL 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.
FORUMS, E-MAIL, AND PUBLIC COMMUNICATION
The GADSL website includes an e-mail function where users can request information from the Council about GADSL (collectively “Messages”). In no event shall the Council assume or have any responsibility or liability for any Messages posted on the site or for any claims, damages or losses resulting from their use or appearance on a GADSL site.
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 the site, 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.
RULES OF CONDUCT
It is a condition of your use of the GADSL website that you do not:
If at any time you are not happy with the site or object to any material on the site, your sole remedy is to cease using them.
THIRD PARTY CONTENT AND LINKS TO OTHER SITES
At certain places on the GADSL website, users may be able to link to other Internet addresses which are not under the control of the Council. 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 the GADSL website 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.
User access and use of the GADSL website, Materials, or portions thereof are 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 GADSL site. The Council may also impose limits on certain features and services or restrict your access to parts or all of a GADSL site(s) without notice or liability.
User accounts are valid for a period of two (2) years following registration. ACC may use registration information to communicate to users of the GADSL website about changes to the site or Materials, and other information.
PRIVACY AND SECURITY
We respect the privacy of visitors to the GADSL website. The Council will not sell registration information to any third party. 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 notice. Note that the Council reserves the right to change its privacy notice at any time without notice.
Please note the GADSL website may contain links to other Internet websites. Whenever you travel to another website you should review its privacy notice. The Council is not responsible for the contents or privacy practices of third-party sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on any GADSL 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 GADSL 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:
Allison Starmann Esq.
American Chemistry Council
700 2nd Street, NE
Washington, DC 20002
Tele: (202) 249-7000
Fax: (202) 249-6100
This contact information is for notices of copyright infringement only.
To be effective, the notification must be a written communication that includes the following:
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.
NO LEGAL ADVICE
Nothing contained on the GADSL website 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 the GADSL website or the Materials therein. The information provided on the GADSL website 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.
Content and information on the GADSL site, including any training videos or materials, are designed to provide practical and useful information on the subject matter covered. However, it is offered with the understanding that the Council is not engaged in rendering legal advice or other professional services, and subject to the Disclaimers below. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
THE GADSL WEBSITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE GADSL WEBSITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE GADSL WEBSITE INCLUDING ITS 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 THE GADSL WEBSITE AND CONTENT IS ACCURATE, COMPLETE, RELIABLE, CORRECT, UP TO DATE, OR FREE FROM ERROR OR OMISSIONS; THAT THE GADSL WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE GADSL WEBSITE 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 THE GADSL WEBSITE. YOUR USE OF THE GADSL WEBSITE IS SOLELY AT YOUR OWN RISK.
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, THE GADSL WEBSITE. 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.
You agree to indemnify and hold harmless and upon request defend, the American Chemistry Council, its members, subsidiaries, and affiliated companies, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney’s fees, which arise from your use or misuse of the GADSL website and/or breach of these Terms. The Council reserves the right, at its 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.
The GADSL website is maintained by or on behalf of the Council, 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 the GADSL site, you are responsible for compliance with applicable laws. By downloading or using content or features of the GADSL site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
The Council makes no representation that materials on the GADSL website 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 the GADSL website from other locations do so on their own initiative and are responsible for compliance with local laws.
Software available through the GADSL website may be subject to U.S. export controls. No software available from a GADSL 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 GADSL site or from a link to a GADSL 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.
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. You agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this Agreement.
WAIVER, SEVERABILITY AND INTEGRATION
No waiver by the Council of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Council to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
Unless otherwise specified herein or expressly stated at the GADSL website, the terms of this agreement constitute the entire agreement between you and the Council with respect to the GADSL website and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Council with respect to the GADSL website. If any part of these Terms & Conditions or terms specific to the GADSL 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.
The Council reserves the right, in its sole discretion, to terminate your access to the GADSL website, or an area of a GADSL site immediately and without notice. If you have any problems with these Terms & Conditions or with a GADSL site your sole and exclusive remedy is to cease using the websites.
In the event that your access terminates as provided herein or you cease using the GADSL website, these Terms & Conditions shall survive.
If you have any questions regarding these Terms & Conditions or if you have any other questions regarding the GADSL website, please contact us at:
American Chemistry Council
700 Second Street, NE
Washington, DC 20002
Tele: (202) 249-7000
Fax: (202) 249-6100
Submit your questions or comments online.
These Terms & Conditions were last updated on January 13, 2020.