- Acceptance of Terms of Service.
Welcome to the Mobile Source Air Pollution Reduction Review Committee, hereinafter referred to as the "MSRC". Use of the MSRC Web site and the services available to you from the MSRC Web site is subject to the following Terms of Service ("TOS"). In addition, when using particular MSRC services or applications, you shall be subject to any posted guidelines applicable to such services or applications. All such guidelines are hereby incorporated by reference into the TOS. Please read the TOS carefully before using our web site or our services, as your use of the MSRC web site or services will signify your assent to be bound by the terms and conditions contained in this TOS.
- Description of Service.
The MSRC provides users with access to a rich collection of on-line resources, including various communications tools, applications, data transmission, data access and sharing, online forums, and personalized content through its web site (the "Service"). Users may log into the MSRC to access the community resources and the users stored lists and contacts. Please be aware that the MSRC users could be sharing adult or mature material with each other.
In order to use the Service, you need the equipment necessary to connect to the World Wide Web, and the connections necessary to access the World Wide Web. You are responsible for any fees associated with such connection or access (such as those charged by an Internet Service Provider or other online service).
In consideration of use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or MSRC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MSRC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
- Password and Security.
Upon registration, you will choose a user name and password. You are responsible for keeping your user name and password confidential. We recommend you memorize this information, and not write it down. You are responsible for all activity occurring through use of your account and/or password. You agree to (a) immediately notify the MSRC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The MSRC will not be responsible for any loss arising from your failure to comply with this Section.
- Submission of Public Content and Software Applications.
For purposes of the TOS, "publicly accessible areas of the Service" are those accessible by the general public. By way of example, a publicly accessible area of the Service would include public the MSRC Surveys, but would not include private storage services such as Bookmarks.
With respect to any Content you elect to post for inclusion in publicly accessible areas of the Service, you automatically grant to the MSRC (or warrant that the owner of such Content has granted to the MSRC) the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the Service solely for the purpose of displaying, distributing and promoting the specific area of the Service to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the Service. This license exists only for as long as you elect to continue to include such Content on the Service and shall be terminated at the time you delete such Content from the Service.
You understand that the MSRC will have the right to screen, edit, refuse to post, or remove any Content, in whole or in part, from any publicly available portion of the Service at its sole discretion, including, but not limited to any Content that infringes any third party intellectual property or other proprietary right, violates the TOS or is otherwise objectionable.
The MSRC reserves the right to disclose any Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.
- Member Conduct.
Our members may upload, post, submit or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") on and through the Service. The MSRC does not own the Content you submit, unless we specifically tell you otherwise before you submit them.
- Use of Web Communities At Your Own Risk.
The MSRC contains message boards, email services, communities and other message and communication tools. The MSRC does not control the files, information, or messages (collectively, "Information") delivered to or displayed in the Communities, unless otherwise noted therein, and the MSRC assumes no duty to, and does not, monitor or endorse Information within the Communities, nor does the MSRC represent or guarantee the truthfulness, accuracy or reliability thereof or that the Information complies with the terms of this Agreement. The MSRC reserves the right at all times to edit, refuse to post, or to remove any Information, in whole or part, that the MSRC deems inappropriate for inclusion in the Communities. The MSRC reserves the right to expel you from or suspend your access to some or all of the Communities for violating the law or this Agreement. The Communities are public and not private communications and may be read by others without your knowledge or permission. Although a particular Community may have a policy of limited membership or access, the MSRC shall have no liability if unauthorized persons nevertheless obtain access to the Community. Your use of the Communities is at your own risk so be careful about disclosing your personal information.
When using the Communities you may not do any of the following:
- Restrict or inhibit any other user from using and enjoying the Communities
- Post or transmit any abusive, hateful, defamatory, indecent, libelous, obscene, pornographic, profane, threatening, harassing, embarrassing, unlawful, vulgar, or other information of any kind that violates applicable law or regulation or which harms minors in any way, including, without limitation, information that constitutes the following
- Infringement. Information that violates or infringes upon the copyright, literary, privacy, publicity, trademark, service mark or any other personal or property right of any person or entity or which discloses any trade secret or confidential information
- Software. Software or materials that contain a virus, corrupted files, or similar programs that may damage the operation of another's computer or the MSRC
- Post advertisements of solicitations of business, except in areas expressly designated for such purposes and in accordance with the express rules and regulations established by the MSRC
- Post chain letters or pyramid schemes or impersonate another person
- Manipulate headers or identifiers so as to disguise the origin or content of any posting
- Do any act which interferes with or slows the operation of the MSRC
The MSRC may condition your right to participate in the Communities on your furnishing to the MSRC and keeping updated at all times such personal identifying information as the MSRC may reasonably require, including, without limitation, your true name and a current, active e-mail address. The MSRC reserves the right to suspend or terminate your access to some or all of the Communities if the MSRC has a good faith basis for believing that any of the information you have supplied is inaccurate or that your account is being used by anyone other than you to access the Communities.
By posting material to the Communities, you automatically grant to the MSRC a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise.
You agree to not use the Service to:
- upload, post, submit, email or otherwise transmit any Content that is obscene
- upload, post, submit, email or otherwise transmit any Content that infringes or misappropriates any patent, trademark, trade secret, copyright or other proprietary right or otherwise violates the rights of any third party, including without limitation privacy rights and proprietary rights
- upload, post, submit, email or otherwise transmit any Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer
- upload, post, submit, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
- impersonate or otherwise misrepresent your affiliation with any other person or entity
- falsify or delete any attributions, legends, or other proprietary designations of origin or source of any Content appearing on the Service or contained in a file that is uploaded to the Service
- conduct, display or forward contests, pyramid schemes, "spam" or chain letters
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- attempt to gain unauthorized access to the Service, other's accounts on the Service, other's files not shared with you, or computer systems or networks connected to the Service, through password mining or any other means
- harm minors in any way
- stalk or harass another individual
- violate any applicable local, state, federal or international law or regulation
- Copyright; Restrictions on Use.
The MSRC respects the intellectual property of others, and we ask our members to do the same. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content or portion of the Service. If you feel that any Content on the Service infringes your copyrights, please contact the MSRC's copyright agent, who can be reached as follows:
- By mail:
c/o Mobile Source Air Pollution Reduction Review Committee
21865 Copley Drive
Diamond Bar, California 91765
- By phone: (909) 396-3269
- By email: email@example.com
Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Service, (c) your signature (digital or hardcopy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner's behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
- By mail:
- General Practices Regarding Use and Storage.
You acknowledge that the MSRC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings, or other uploaded Content will be retained by the Service, the maximum disk space that will be allotted on the MSRC's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that the MSRC has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that the MSRC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- Changes to the Service or TOS.
The MSRC reserves the right to modify, suspend or discontinue all or any portion or service of the Service at any time, with or without notice. Unless explicitly stated otherwise, any new features that modify or enhance the current Service, including the release of new features or software applications by the MSRC, shall be subject to the TOS. You agree that the MSRC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. The Service is currently accessible to users without charge, however the MSRC reserves the right to charge for one or more portions of the Service in the future. (The MSRC will notify you of any fees associated with any portion of the Service, and require you to subscribe to such portion of the Service, prior to charging you any fees.)
- Failure to Comply with TOS.
You acknowledge and agree that the MSRC may suspend or terminate your account and/or deny you access to, use of, or submission of Content for, all or part of the Service, without prior notice, if you engage in any conduct that the MSRC believes, in its sole discretion: (a) violates any term or provision of the TOS, (b) violates the rights of the MSRC or third parties, (c) or is otherwise inappropriate for continued access and use of the Service. In addition, the MSRC reserves the right to terminate inactive membership accounts. You agree that upon termination, we may delete all files and information related to your account and may bar your access to your account and the Service. Further, you agree that the MSRC shall not be liable to you or any third-party for any termination of your access to the Service.
The Service contains advertisements and links to Web sites operated by third parties. the MSRC is not responsible for the content of these web sites or for your transactions with them. Inclusion of advertisements or links to such web sites does not imply any endorsement by the MSRC of any content, advertising, products or other materials on or available from such web sites.
- The MSRC's Proprietary Rights.
You acknowledge and agree that the Service and any necessary software used to enable the basic functions of the Service ("Software") contain proprietary and confidential information of the MSRC that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the MSRC or advertisers, you agree not to modify, copy, rent, lease, loan, sell, distribute, transfer, transmit, display, create derivative works based on or in any manner commercially exploit the Service, in whole or in part.
The MSRC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.
- Disclaimer of Warranties.
THE SERVICE CONTAINS CONTENT AND OTHER INFORMATION FROM THIRD PARTY INDIVIDUALS AND ORGANIZATIONS. THE MSRC DOES NOT MAKE ANY REPRESENTATIONS AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION CONTAINED IN, UPLOADED TO, OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT YOU WILL BEAR ALL RISKS ASSOCIATED WITH YOUR RELIANCE ON OR USE OF ANY CONTENT OR OTHER INFORMATION CONTAINED IN THE SERVICE. THE SERVICE IS PROVIDED TO YOU "AS IS" WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE MSRC AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE, THE CONTENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH OR OTHER MATERIAL. IN ADDITION, ALTHOUGH THE MSRC INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE SERVICE, THE MSRC DOES NOT WARRANT THAT THE SERVICE, THE CONTENT CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY INFORMATION, OR OTHER MATERIAL ACCESSIBLE THROUGH THE SERVICES IS FREE OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- Limitation of Liability.
YOU UNDERSTAND THAT IN NO EVENT WILL THE MSRC OR ITS OFFICERS, MEMBERS, OR AGENTS BE LIABLE FOR ANY CONSEQUENTIALL, INDIRECT, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF: (I) YOUR USE OR INABILITY TO USE THE SERVICE, (II) YOUR RELIANCE ON ANY CONTENT OR DTAPP, OR (III) ANY GOODS OR SERVICES ADVERTISED ON THE SERVICE; EVEN IF THE MSRC OR ANY RELATED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold harmless the MSRC, and its subsidiaries, affiliates, officers, directors, employees, consultants, agents and licensors from any and all third party claims, liability, damages and/or costs (including but not limited to reasonable attorneys' fees) arising from your failure to comply with the TOS, your infringement, violation or misappropriation of any intellectual property or other right of a third party, your Content or from your violation of any applicable law.
- Services Relating to Financial Matters.
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, please read the above Sections 15 (Disclaimer of Warranties) and 16 (Limitation of Liability) again. For this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. The MSRC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
The MSRC, the MSRC logo, and other MSRC logos and product and service names are trademarks or service marks of the MSRC, Inc. (the "MSRC Marks"). You agree not to display or use in any manner the MSRC Marks without the MSRC's prior written permission. Third party trademarks, service marks, logos and trade names appearing on the Service are the property of their respective owners.
These Terms of Service constitute the entire agreement between you and the MSRC with respect to the Service, and the TOS replace all prior or contemporaneous understandings or agreements, written or oral, regarding the Service. The TOS shall be governed by the laws of the State of California, without regard to its conflicts of laws provisions. If any provision of the TOS is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the TOS shall remain in full force and effect. The failure by the MSRC to insist upon or enforce strict performance of any provision of the TOS will not be construed as a waiver of any provision or right of the MSRC. The TOS will inure to the benefit of the MSRC and its successors and assigns.
Please report any violations of the TOS to firstname.lastname@example.org.