Effective as of August 12, 2014
TERMS AND CONDITIONS
- LICENSE GRANT. This TOU provides to you a personal, revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferable license to use the Site conditioned on your continued compliance with the terms and conditions of this TOU. You may print and download materials and information from the Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. The content layout, formatting, and features of and access privileges for the Site shall be as determined by ACCCE in its sole discretion. You also acknowledge and agree to the following: (i) ACCCE has the right to control and direct the means, manner, and method by which the Site is provided; (ii) ACCCE may, from time to time engage independent contractors, consultants, or subcontractors to aid ACCCE in providing the Site or use thereof; and (iii) ACCCE has the right to provide the Site to others.
- RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of ACCCE and/or its licensor(s). Moreover, you may not (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of the Site or any other systems or networks connected to the Site or to any ACCCE server or to any of the services offered on or through the Site, by hacking, password “mining,” or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or ACCCE’s systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ACCCE on or through the Site, (viii) use the Site or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (ix) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ACCCE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY ACCCE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
- USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view any information and materials, register or enter into a transaction with or through ACCCE for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on the Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, ACCCE reserves the right to terminate immediately your access to and use of the Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that use of the Internet and access to the Site is solely at your own risk. While ACCCE has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from the Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ACCCE is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
- OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to membership, the donation of funds, payment for a program, service, or event, or subscription to a service or solution. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Site, ACCCE shall resolve any conflict in good faith in its sole discretion but the latter terms shall generally control with respect to such membership, donation, payment, subscription, or participation in or use of such program, service, event, or solution.
- USER NAME HANDLING POLICY. Registration as a User for access to certain areas of the Site may require both a user name and a password or adherence to other particular access requirements as designated by ACCCE. Only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of the Site and to your account. Accordingly, by using the Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another User’s user name and password. You will immediately notify ACCCE if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. ACCCE cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ACCCE reserves the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to this TOU.
- MOBILE SERVICES. The Site may offer certain tools or services that are available to you via your mobile phone or other mobile device (collectively, “Mobile Services”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Services. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile devices, what restrictions, if any, may be applicable to your use of the Mobile Services, and how much they will cost you. Nevertheless, all use of the Site and its Mobile Services shall be in accordance with this TOU.
- POSTINGS.This Site may contain blogs, message boards, comment areas, questionnaires, chat rooms, and other interactive features and functionality where Users can share and post certain information and content. To the extent that the Site contains such communication forums (collectively, “Forums”), you agree that by using the Site you will not upload, post, display, or transmit any of the following materials on the Site’s Forums:• anything that interferes with or disrupts the Site or the operation thereof,• statements or material that defames, harasses, abuses, stalks, threatens, intimidates, or in any way violates the rights of others,• unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of others,
• statements or material that violates other contractual or fiduciary rights, duties, or agreements,
• statements or material that is bigoted, hateful, or racially offensive,
• statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
• statements or material that constitutes anti-competitive collaboration and/or antitrust violations,
• statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• statements or material that harms minors,
• statements or material that impersonates any other person or entity, whether actual or fictitious, including, without limitation, employees and representatives of ACCCE,
• statements or material that misrepresents your affiliation with any entity and/or ACCCE,
• anything that violates the privacy or publicity rights of any other person, including, without limitation, posting any personal identifying information of another individual,
• chain letters or pyramid schemes,
• statements or materials that are deceptive or misleading,
• statements or material that constitutes junk mail, spam, or unauthorized advertising or promotional materials,
• statements or material that are “off-topic” for a designated Forum, and
• files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
- PERMISSION TO USE POSTINGS. Forums are the resources and property of ACCCE and/or its licensors and you will not have any proprietary interest in any Forum. Moreover, by submitting content or information of any type (a “Posting”) to a Forum or other portion of the Site or by otherwise using the Site to transmit or display a Posting, you automatically grant ACCCE a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You represent that you have all necessary rights to make the Posting available to ACCCE and a Forum, and you also acknowledge that such Postings are non-confidential for all purposes and that ACCCE has no control over the extent to which any idea or information may be used by any party or person once it’s posted or displayed. Accordingly, notwithstanding this right and license, it is understood that by merely permitting your information, content, and materials to appear on the Site ACCCE has not become and is not a publisher of such information, content, and materials and is merely functioning as an intermediary to enable you to provide and display a Posting. Moreover, ACCCE assumes no responsibility for the deletion of or failure to store any Posting and recommends that you do not post, display, or transmit any confidential or sensitive information. All Users shall remain responsible for their own Postings.
- NO PRE-SCREENING OF POSTINGS. ACCCE is not responsible for screening, policing, editing, or monitoring your or another User’s Postings and encourages all of its Users to use reasonable discretion and caution in evaluating or reviewing any Posting. Moreover, and except as provided below with respect to ACCCE’s right and ability to delete or remove a Posting (or any part thereof), ACCCE does not endorse, oppose, or edit any opinion or information provided by you or another User and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any advice, opinion, statement, or other material displayed, uploaded, or distributed by you or any other User. Nevertheless, ACCCE reserves the right to monitor, delete, or take other action with respect to Postings (or parts thereof) that ACCCE believes in good faith violate this TOU and/or are, or are potentially, unlawful or harmful to ACCCE or its affiliates, members, volunteers, services, programs, or goodwill. If you violate this TOU, ACCCE may, in its sole discretion, delete the unacceptable content from your Posting, remove or delete the Posting in its entirety, issue you a warning regarding your use of the Site, and/or terminate your use of the Site. Moreover, it is a policy of ACCCE to take appropriate actions under the Digital Millennium Copyright Act under U.S. Copyright Law and other applicable intellectual property laws. If you become aware of Postings that violate these rules regarding acceptable behavior or content, you may contact ACCCE as provided below.
- COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. ACCCE respects the intellectual property of others, and it asks its Users to do the same. Accordingly, it is ACCCE’s policy to respond to a notice of alleged infringement that complies with U.S. Copyright Law, and in particular, the Digital Millennium Copyright Act. Responses may include removing or disabling access to content or material claimed to be the subject of infringing activity and/or terminating your right to access and use the Site. But, you acknowledge that you may be liable for damages, including attorneys’ fees and costs, if you materially misrepresent that a work or activity is infringing your rights. If ACCCE terminates or suspends a User’s access to or use of the Site, ACCCE will make a good-faith attempt (as warranted) to contact the person who posted the content so that they may make counter notification pursuant to applicable laws. It is ACCCE’s policy to document all notices of alleged infringement upon which ACCCE decides to take action. As with all legal notices, a copy of the notice may be sent to one or more third parties who may make such notice available to the public. If you believe that one or more of your works have been copied in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to ACCCE’s designated agent as specified below along with the following information:• A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;• A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;• A description, in reasonable detail, of where the material that you claim is infringing is located on the Site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
• Designated Agent:
American Coalition for Clean Coal Electricity
Attn: DMCA Complaints, Robert Paduchik
1152 15th St. NW, Suite 400
Washington, DC 20005
Counter notification, as permitted by applicable law and, in particular, the Digital Millennium Copyright Act, may be sent to the ACCCE’s Designated Agent. All counter notifications must include responsive information to what is set forth above including any required statements or signatures.
- FEEDBACK AND SUBMISSIONS. ACCCE welcomes your feedback and suggestions about ACCCE’s programs or services or with respect to how to improve the Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ACCCE, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ACCCE and enable ACCCE to use such feedback. In addition, any feedback received through the Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ACCCE to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
- THIRD-PARTY PRODUCTS/SERVICES. ACCCE, in its sole discretion, may feature and/or post the advertisements of third parties on the Site and/or feature on the Site materials, programs, products, and services provided by third parties. ACCCE makes no representations with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on the Site are solely between you and such third party. Accordingly, ACCCE expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that ACCCE shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on the Site.
- LINKS TO OTHER SITES. ACCCE may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by ACCCE and are maintained by third parties over which ACCCE exercises no control. Accordingly, ACCCE expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
- DISCLAIMER. THE INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, ACCCE MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. ACCCE MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE PROGRAMS, SERVICES, PRODUCTS, SOFTWARE, MATERIALS, AND INFORMATION AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS (TO THE FULLEST EXTENT OF THE LAW) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ACCCE ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
- LIMITATION OF LIABILITY. You expressly absolve and release ACCCE from any claim of harm resulting from a cause beyond ACCCE’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ACCCE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE FUNCTIONALITY, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACCCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF ACCCE FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ACCCE IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $2,500 (US), WHICHEVER IS LESS.
- INDEMNITY. You agree to defend, indemnify, and hold harmless ACCCE and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOU or relating to any payment dispute with a third party provider arising from a purchase or incurrence of fees made by you.
- GOVERNING LAW. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. You agree to the personal jurisdiction by and venue in the state and federal courts in the District of Columbia and waive any objection to such jurisdiction or venue. Any claim you might have against ACCCE must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. ACCCE makes no representation that the Site is appropriate or available for use in other locations, and access to the Site from states, territories, or nations where any aspect of the Site is illegal is prohibited. You access the Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Site. A printed version of this TOU and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOU to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact ACCCE if you wish to receive a printed copy of this TOU. In any legal proceeding brought by ACCCE, ACCCE shall have the right to seek and be awarded all reasonable attorneys’ fees and costs in addition to any other relief, at law or in equity, to which ACCCE may be entitled.
- ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ACCCE reserves the right to view, monitor, and record activity on the Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. ACCCE will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, ACCCE reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site in order to protect the Site, ACCCE, or ACCCE’s business.
- INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of ACCCE proprietary assets, will cause irreparable injury to ACCCE, such injury would not be quantifiable in monetary damages, and ACCCE would not have an adequate remedy at law. You therefore agree that ACCCE shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that ACCCE post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ACCCE to enforce any provision of this TOU.
- TERM AND TERMINATION. This TOU will take effect at the moment you click “ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using the Site, whichever is earliest. ACCCE reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to the Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice and may impact your membership status with ACCCE. You may also terminate this TOU at any time by ceasing to use the Site, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the Site will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The provisions concerning ACCCE’s proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOU, waiver and severability, entire agreement, and governing law will survive the termination of this TOU for any reason.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by ACCCE of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- QUESTIONS. If you (i) have questions or comments regarding the Site, (ii) are interested in obtaining more information concerning ACCCE and its programs or services, (iii) want permission to use any ACCCE content, or (iv) are aware of or wish to report misuse of the Site or ACCCE materials by any person or entity, please contact ACCCE at American Coalition for Clean Coal Electricity, Attn: firstname.lastname@example.org.