|
|
|
|
|
PROP 65 NEWS
USER AGREEMENT - CONDITIONS OF USE
|
General
This User Agreement governs the use of this Web site, and any
other Web site owned or operated by Prop 65 News or American
Environmental Institute. Prop 65 News reserves the right to add,
remove or modify portions of these terms at any time. By
accessing the Web sites after Prop 65 News posts changes to the
User Agreement, you agree to be bound by all of the changes made
through such date. Updates to this User Agreement can
always
be viewed by
selecting the "Conditions of Use" link at the bottom of
Prop 65 News pages.
Copyright
All text, images, databases,
icons,
photographs, source code, or other electronic data
available on the Prop 65 News Web site or sent to a user by Prop
65 News via an e-mail subscription service, are defined as
“Licensed Information”. The Licensed Information is the property
of Prop 65 News or its licensors and is protected by copyright,
trademark and other intellectual property laws. Licensed
Information received through this Web site or any other
American Environmental
Institute Web
site may be displayed, reformatted and printed for your
personal, non-commercial use only. You agree not to
reproduce, transmit, distribute, disassemble, recompile, append,
match, display, sell,
rent, lease, sub-license,
store, archive,
or publish any Licensed Information
to anyone, including but not limited to others in the same
company, firm or organization, without the express prior written
consent of Prop 65 News.
The one exception is that the
Prop 65 News allows the results of various searches to be sent
via e-mail to a single e-mail address and a single individual,
provided the copyright and other proprietary notices are kept
intact. The use of any Prop 65 News Web site material on any
other Web site or networked computer environment is prohibited.
Comparison of Licensed Information contained on the Prop 65 News
web site for the purpose of recompilation or compilation of new
or derivative works is also strictly prohibited.
Fees and Payments
You agree to pay all fees and charges incurred in connection
with your username and password at the rates in effect when the
fees and charges were incurred. The Prop 65 News may change the
fees and charges in effect at any time. The list of fees
currently in effect can always be accessed under
“Content and Fees”. All fees and charges incurred in connection
with your username or password
not included in your subscription
agreement will be billed
to your credit card on file.
If there are any annual, monthly or similar periodic fees for
your subscription, these fees will be billed by invoice at the
start of the annual, monthly or similar period and at the start
of each renewal period, unless the subscription is terminated
prior to the beginning of the next subscription period. All
amounts are due not later than 30 days after the date of any
invoice.
Username and passwords are distributed by
Prop 65 News to a single individual subscriber, and are not
intended to be used throughout a company, firm or organization.
If you believe someone has used your username and password to
access the Prop 65 News Web sites, contact our office
immediately by sending an e-mail to
webmaster@prop65news.com, which includes your
username and your Prop 65 News subscription account number.
Subscribers have the ability to create their own username. The
Prop 65 News may refuse to grant you a user name that
impersonates someone else, is protected by trademark or other
proprietary right law, or is offensive, in each case as
determined by the Prop 65 News.
The Prop 65 News may discontinue or change
the services available on the Prop 65 News Web site, certain
Licensed Information or certain content within any site, or site
availability, at any time. Subscriptions to the Prop 65 News
publications can be cancelled at any time through the Prop 65
News Subscription Department which you can reach by calling
(415) 544-0111, subject to applicable
termination penalties.
Disclaimer of Warranties and Liabilities
ALL LICENSED INFORMATION AND OTHER MATERIAL ON THE Prop 65 News
WEB SITES (INCLUDING WITHOUT LIMITATION LEGISLATION AND CASE
REPORTS AND COURT
FILINGS) IS
PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES ARE HEREBY
DISCLAIMED. PROP
65 NEWS,
ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT WARRANT THE
ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY
LICENSED INFORMATION OR OTHER MATERIAL AVAILABLE THROUGH THE
SERVICE. PROP 65 NEWS,
ITS DIRECTORS, EMPLOYEES, REPRESENTATIVES, AFFILIATES AND
LICENSORS SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY LOSS OR
DAMAGE, OR DECISION MADE OR ACTION TAKEN OR NOT TAKEN BY YOU IN
RELIANCE ON SUCH CONTENT.
THE INFORMATION CONTAINED AT THE Prop 65 News
WEB SITE IS NOT INTENDED TO PROVIDE LEGAL ADVICE. YOUR ACCESS OF
THE SERVICES, INCLUDING DOCUMENTS ORDERED OR ACCESSED
FROM THE PROP 65 NEWS
WEB SITE, DOES NOT CONSTITUTE AN ATTORNEY-CLIENT RELATIONSHIP.
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE IS ASSUMED BY THE
USER OF THE LICENSED INFORMATION. THE LICENSED INFORMATION IS
SUBJECT TO CHANGE WITHOUT NOTICE, AND PROP
65 NEWS UNDERTAKES NO DUTY OR
RESPONSIBILITY TO UPDATE LICENSED INFORMATION OR TO NOTIFY USERS
OF ANY CHANGES TO LICENSED INFORMATION.
P ROP 65 NEWS
WEB SITE INCLUDES VIEWS, OPINIONS AND
RECOMMENDATIONS OF INDIVIDUALS AND ORGANIZATIONS DEEMED OF
INTEREST. PROP 65 NEWS
AND ITS CONTRIBUTORS/LICENSORS DO NOT
WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS
OF, OR OTHERWISE ENDORSE, THESE VIEWS, OPINIONS OR
RECOMMENDATIONS.
P ROP 65 NEWS
DOES NOT WARRANT THAT THE SERVICE IS COMPATIBLE WITH YOUR
EQUIPMENT OR THAT THE SERVICE IS FREE OF ERRORS OR VIRUSES,
WORMS OR “TROJAN HORSES” AND IS NOT LIABLE FOR ANY DAMAGE YOU
MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. DUE TO THE
INHERENT NATURE OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS
AND OMISSIONS IN THE SERVICE. YOU AGREE THAT THE AGGREGATE
LIABILITY OF Prop 65 News, ITS AFFILIATES, AGENTS AND LICENSORS,
IF ANY, FOR ANY AND ALL LOSSES, CLAIMS, DAMAGES, EXPENSES, FEES
OR OTHER LIABILITIES (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR
RELATED TO THIS AGREEMENT, THE SERVICE OR THE LICENSED
INFORMATION OR OTHER MATERIAL SHALL NOT EXCEED THE AMOUNT YOU
PAID TO PROP 65 NEWS
FOR THE USE OF THE SERVICE IN THE 12 MONTHS IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM(S).
If any provision in this Agreement is invalid
or unenforceable under applicable law, the remaining provisions
will continue in full force and effect. This Agreement, your
rights and obligations, and all action contemplated by this
Agreement shall be governed by the laws of the United States of
America and the State of California, as if the Agreement was a
contract wholly entered into and wholly performed within the
State of California.
Privacy Policy
The Prop 65 News Web site collects information from our
subscribers during the subscription/registration process and,
occasionally, at other times. This information ranges from data
we need to validate your subscription, such as your name and
address, to the information gathered through aggregated
tracking, derived mainly by tallying page views throughout our
sites. Such information enables us to better tailor our content
to our readers' needs. The Prop 65 News does not disclose to
third parties any personal information which could disclose your
identity and will not do so without first notifying you and
giving you an opportunity to elect not to have such information
disclosed. The Prop 65 News allows its subscribers to send the
results of various searches via e-mail to a single e-mail
address and a single individual, provided the copyright and
other proprietary notices are kept intact. This information is
used only in the case of transmission errors and, of course, to
let the recipient know who sent the story. The information is
not provided to third parties.
We do send subscribers e-mail notifications
of new site features and topic-based news alerts. Subscribers
may opt out of receiving these notifications. We reserve the
right to contact any subscriber at any time regarding
subscription renewals or other subscription-related problems and
questions as well as changes to our User Agreement. Subscribers
may change their information by clicking on “Your Account” and
selecting “Make Changes”. Updates to address
or other information
affect not only your online account, but also
paper delivery, if applicable.
Links
To the extent that the Prop 65 News Web site links to other Web
services and resources, Prop 65 News does not control the
availability and content of those outside services and
resources. Nor does the Prop 65 News endorse any external site
to which it links. Prop 65 News is therefore not responsible for
the availability, content or accuracy of other Web sites,
services or goods that may be linked to, or advertised on, the
Service. Prop 65 News does not (a) make any warranty, express or
implied, with respect to the use of the links provided on, or
to, the Service, (b) guarantee the accuracy, completeness,
usefulness or adequacy of any other Web sites, or (c) make any
endorsement, express or implied, of any other Web sites,
services, goods or advertisements that may be linked to the
Service. Any concerns regarding any such service or resource, or
any link thereto, should be directed to the particular service
or resource.
Cookie Technology
We employ cookie technology to enable us to recognize users and
their access privileges on the Prop 65 News Web site, as well as
to track site usage. A cookie is a small text file that many Web
sites write to your hard drive when you visit them. We do not
store passwords or any personal information about you. Cookies
also enable you to enter the Prop 65 News Web sites as a member
without having to log on each time, however, to visit an
pay-per-search area of the site, you will be prompted for a
username and password. A failed logon to the pay-per-search
sections of the site will expire the cookie. These "remember
login" cookies must be renewed every 90 days. If you have set
your browser to warn you before accepting cookies, you will
receive the warning message with each cookie. You can refuse
cookies by turning them off in your browser. You do not need to
have cookies turned on to use
the
Prop 65 News site, however, you do need cookies to both avoid
the initial logon prompt when accessing the site and to add
additional services to
a subscription request.
Termination
Prop 65 News reserves the right to terminate this Agreement at
any time for any reason, including, but not limited to, your
failure to timely pay all fees and charges incurred in
connection with your username and password or any other breach
by you of this Agreement. Termination may be accomplished
by mail, e-mail notification, or by blocking further access by
the username.
Entire Agreement
This Agreement ,
as it may be amended from time to time (including any other
terms and conditions of service posted elsewhere on a Prop 65
News Web site, and to which you agree), constitutes the entire
agreement between you and Prop 65 News and governs your use of
the Service.
|
|
|
|
|
|
|
|
|
|
|
|
.gif)
|
|
|
|
|
|
|
|
|
|
|
