User License Agreement

This Online User License Agreement (this “Agreement”) is by and between the National Council for Air and Stream Improvement, Inc., a Delaware not-for-profit corporation having an office at 1513 Walnut Street, Suite 200, Cary, NC (“NCASI”), and you, the “Registered User” of the NCASI website (the “Site”).

1. Acceptance of Terms
   NCASI provides the User privileged access to restricted portions of its website at www.ncasi.org, subject to the User’s 1) obtaining a username and password from NCASI or one of its Member Companies, and 2) accepting the terms of this Agreement by clicking the “Accept” button below. A User who fulfills both of the above conditions is deemed a “Registered User.” If you do not wish to be bound by this Agreement, click the “Decline” button below to remain a non-registered User of this Site.

   In the event of a conflict between any other agreement, rule, policies, or other terms of service and this Agreement, the provisions of this Agreement shall govern. If you have any questions about this Agreement, please contact us at administrator@ncasi.org.

   In the event that this Agreement is updated by NCASI, Registered Users will be notified via email and an announcement posted on the homepage of the Site.
    

2. Termination of Agreement
   Where this License is granted to a Registered User who is an employee or agent of a member of NCASI, or of any governmental or trade organization otherwise affiliated with NCASI, the Registered User’s access to restricted portions of the Site shall terminate immediately upon cessation of such User’s employment, agency and/or affiliation with such User’s employer, governmental or trade organization (as the case may be).
    
3. Disclaimers
   The contents of the Site, such as text, graphics, photographs, images, electronic documents, data, audio and video clips, software and other material (“Content”) are presented for informational purposes only. NCASI will use reasonable efforts to include up-to-date and accurate information on this Site, but makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the Content provided, including third party information, such as, but not limited to, press releases, articles, or information from third-party websites linked to or from this Site.

   NCASI cannot and does not guarantee or warrant that files available for downloading from the Site will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information (collectively, “Hazards”). You are responsible for implementing sufficient measures to protect your computer, computer network, and other computing resources from damage arising from Hazards that may be encountered from access to the Site. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for protecting accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
    

4. Acceptable and Lawful Use of the Site
   You may use the Site for your own personal, non-commercial use, or for the commercial use of your employer in its immediate and direct support of a NCASI Member Company, as described further in Licensed Use of Site Content below. User must comply will all applicable laws, statutes, ordinances and regulations in connection with the Site.

   In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information as prompted on the Site; and (b) maintain and update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if NCASI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NCASI may suspend or terminate your User account and refuse any and all current and future use of the Site.

   Any personal information, computer information, or other information that you provide to NCASI in connection with the use of the Site: (a) must not be obscene or indecent; (b) must not contain any Hazards; (c) must not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) must not be defamatory, libelous, unlawfully threatening or unlawfully harassing; and (e) must not create any liability for NCASI or cause NCASI to lose (in whole or in part) the services of its Internet Service Provider(s) or other suppliers.
    

5. Licensed Use of Site Content
   With the exception of certain public domain documents and government-issued materials, such as Federal Register articles, documents and other information accessible on the Site (i.e., “Content”) are the sole property of NCASI. NCASI grants a limited, non-transferable, non-exclusive license to Registered Users to access, download, and print Content on the Site, provided that such use of the Content is for the exclusive and sole benefit of one or more NCASI Member Companies. Current lists of Member Companies can be requested from administrator@ncasi.org.

   Under this License, Registered Users are not permitted to divulge, share, provide, transmit, sell, or give Content to any third party unless that third party (i) is a NCASI Member Company or an employee of a NCASI Member Company, (ii) is a government agency with regulatory oversight of a Member Company, or (iii) is an agent of, or contractor to, a NCASI Member Company who is legally bound by a written agreement (a) not to disclose Content to others, (b) to limit the use of Content to products and services that directly and immediately benefit the Member Company, and (c) to destroy or return the Content when the agency or contractual relationship with the Registered User, or the employer of the Registered User, is severed or terminated. Registered Users are specifically prohibited from disclosing Content to any company that is not a NCASI Member Company, or to the employees, agents, or staff of such non-Member Companies. Registered Users are specifically prohibited from using Content to prepare, enhance, provide or deliver products or services for any company that is not a Member Company of NCASI, or for the employees, agents, and staff of such non-Member Companies.
    

6. Privacy
   Your personally identifiable information submitted to the Site is subject to the terms and conditions of NCASI’s Privacy Policy. You agree that you have read and understand the terms of NCASI’s Privacy Policy. You acknowledge that the Site may link to other sites not controlled by NCASI, and that the collection of your data by these sites is outside the scope of NCASI’s control.

   Your communications through the Site are, in most cases, viewed only by you and anyone to whom you address your message. Although not required, as the operator of the Site, NCASI may review or monitor your electronic mail, other communications and/or use of the Site from time to time. Therefore, you should not expect to have a right to privacy in any of your communications or use of the Site.
    

7. Your Account Obligations
   When you become a Registered User, you will receive a username and password. You are responsible for maintaining the confidentiality of your account information and your chosen password (the “Account Information”), and you are fully responsible for all activities that occur under your account number and password. You agree immediately to notify us of any unauthorized use of your Account Information or any other breach of security. You agree that your Account Information may be used to attribute an electronic record and electronic signature to you.
    
8. User Representation
   
   You represent and warrant that you are at least 18 years of age and that you possess the legal right and ability to enter into this Agreement and to use the Site in accordance with this Agreement. You agree that you will be financially responsible for your use of the Site and to comply with your responsibilities and obligations as stated in this Agreement.
    
9. System Integrity
   You may not use any device, software or routine to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site. You agree not to access the Site by any means other than through the interface that is provided by NCASI for use in accessing the Site.
    
10. RISK; INTERNET USE
    
    YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
     
11. Links to Other Sites
    Any links to other sites are provided as merely a convenience to you. NCASI may not have reviewed these other sites, has no responsibility for the content of such other sites and shall not be liable for any damages or injury arising from the content or operation of these other sites. Except for information, products or services clearly identified as being supplied by NCASI, NCASI does not operate, control, endorse or make representations regarding any information, products or services on such other sites or on the Internet in any way. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
     
12. NO WARRANTIES
    
    ALTHOUGH NCASI HAS TAKEN REASONABLE CARE TO ENSURE THAT THE SITE CONTENT IS ERROR-FREE, NCASI MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND NCASI SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY, ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. NCASI DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
     
13. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES SHALL NCASI OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NCASI HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. BECAUSE SOME STATES AND PROVINCES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES AND PROVINCES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
     
14. Other Information
    NCASI is taking reasonable and appropriate measures to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and NCASI cannot and does not guarantee that the personal information that you have entered will not be intercepted by others.

    If you wish to make purchases through the Site for meeting registration or other purposes, you may be asked to provide certain information, including credit card or other payment mechanism information. You agree not to hold NCASI liable for any loss or damage of any sort incurred as a result of any such dealings through the Site. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any taxes relating to purchases through the Site.

    This Online User License Agreement shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You and NCASI agree to submit to the personal and exclusive jurisdiction of the courts located within the State of North Carolina.

    The failure of NCASI to exercise or enforce any right or provision of this Online User License Agreement shall not constitute a waiver of such right or provision. If any provision of the Online User License Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and other provisions of the Online User License Agreement remain in full force and effect.

    The parties hereto confirm that it is their wish that this Agreement as well as all other documents relating hereto have been and shall be drawn up in English only. Les parties aux présentes confirment leur volonté que cette convention de même que tous les documents s’y rattachant, soient rédigés en anglais seulement.