Terms & Conditions

Welcome to an Internet Site of the American Chemistry Council® (“ACC”), Center for Biocide Chemistries (“CBC”).  CBC maintains this internet website (“CBC Site”).

BY USING THE CBC SITE, YOU SIGNIFY YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS & CONDITIONS (THE “TERMS & CONDITIONS” OR “TERMS”) ON OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE THE CBC SITE. WE RESERVE THE RIGHT, AT OUR DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME WITHOUT NOTICE. PLEASE CHECK THE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE CBC SITE FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.

COPYRIGHT, TRADEMARKS AND RESTRICTIONS

This CBC Site and its contents are protected pursuant to U.S. and international copyright laws. All materials published on the CBC Site are the copyrighted property of ACC, CBC, and affiliated companies, third party licensors, or the party credited. ACC claims no copyright in any government or other public domain content that may be on the CBC Site. All trademarks, service marks, certification marks and trade names are owned by ACC and are protected by state, federal, and international trademark law. All other trademarks appearing on the CBC Site are the property of their respective owners.

Except where otherwise noted, permission to use information including but not limited to white papers, press releases, datasheets, and FAQs (“Materials”) from the CBC Site 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 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 ACC’s business units, services, initiatives or other activities. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in any material or content on the CBC Site.

Materials specified above do not include the design or layout of the CBC Site.

LINKING TO THE CBC SITE

ACC has no objection to links made from other sites to the CBC Site, provided that you comply with the following requirements:

1. You may not frame or alter the appearance of the CBC Site.
2. You may not state or imply that ACC or the CBC endorses, sponsors or otherwise approves your site or any other sites.
3. You may not use any ACC or CBC Trademarks, service marks or logos without prior written consent.
4. In view of the dynamic nature of the Internet, and the possibility of updates and changes, we request that your link enter the CBC Site at its home page.
5. You must abide by all of the other Terms and Conditions of use set forth herein.

SOFTWARE

If you download software or applications from the CBC 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 ACC 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.

If you have any questions regarding this notice, please complete and submit your questions to us.

SUBMISSIONS

At times the CBC Site may request ideas or materials that include but that are not limited to concepts, know-how, techniques, suggestions, and materials (collectively “Submission(s)”). Except as expressly provided in our Privacy Policy, in a separate written agreement between you and the ACC, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting ACC 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 Submissions have been waived. This grant of rights means that such Submissions will be owned by ACC, 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.

FORUMS, E-MAIL, AND PUBLIC COMMUNICATION

The CBC Site may include forums, chat rooms, e-mail function, or other areas (collectively “Forums”), where users can post or exchange information, ideas, opinions, photographs, images, videos, creative works or any other materials (collectively “Messages”) with other users of the Site or the Internet. In no event shall ACC or CBC assume or have any responsibility or liability for any Messages posted on Forums or for any claims, damages or losses resulting from their use or appearance on the CBC Site. Children under the age of 18 are not authorized to post messages or participate in Forums on the CBC Site.

ACC does not control Messages delivered to Forums, and ACC has no obligation to monitor such Forums. If at any time ACC chooses, in its sole discretion, to monitor the Forums, ACC nonetheless assumes no responsibility for the content of the Messages, no obligation to modify or remove any inappropriate Messages, and no responsibility for the conduct of the user submitting any Messages.

The Messages do not necessarily reflect the views of ACC and are not necessarily reviewed prior to posting. ACC 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. ACC 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, ACC 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 Forums, you are granting ACC 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 ACC, 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 Forums and the CBC Site that you do not:

1. Use any Forums for any illegal purposes (or to solicit any illegal act) including, but not limited to, violating applicable antitrust laws and regulations;
2. Restrict or inhibit any other user from using and enjoying the Forums;
3. Post or transmit an unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, harassing, pornographic, profane, or indecent information of any kind, including images and language or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law;
4. Post or transmit any message with bigoted, hateful, or racially offensive statements;
5. Post any message that solicits gambling or engage in any gambling activity;
6. Transmit or upload any information, software or other material that violates or infringes on the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
7. Post or distribute any software or other materials that contain a virus or other harmful component;
8. Advertise or sell or solicit to others;
9. Use the site or its services for the purposes of sending junk email, chain letters, duplicative or unsolicited messages or “spamming,” or in connection with contests, surveys, or pyramid schemes;
10. Try to gain unauthorized access, other users’ accounts, or computers connected to the CBC Site though password mining or other means; or
11. Interfere with another user’s use and enjoyment of the CBC Site or any other individual’s use and enjoyment of related services.

If at any time you are not happy with the Forums or object to any material within Forums, your sole remedy is to cease using them.

CONTESTS AND SWEEPSTAKES, AUCTIONS, AND OTHER ACTIVITIES

The CBC Site may contain certain activities including, without limitation, e-mail services, contests, sweepstakes, and auctions (collectively “Contests”). Each Contest has its own rules, which you must read and agree to before you may enter.

THIRD PARTY CONTENT AND LINKS TO OTHER SITES

At certain places on the CBC Site, users may be able to link to other Internet addresses. These other sites are not under the control of ACC, and you acknowledge that ACC 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 ACC or any association with its operators. Use of any information on the CBC Site 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 ACC.

USER ACCESS

User access and use of the CBC Site, or portions thereof may be 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. ACC may also impose limits on certain features and services or restrict your access to parts or all of the CBC Site without notice or liability.

PRIVACY AND SECURITY

We respect the privacy of visitors to the CBC Site. For more information about how we use and protect the personal information you may provide through our website, please click here to review the website’s privacy policy. Note that ACC reserves the right to change its privacy policy at any time without notice.

Please note the CBC Site may contain links to other Internet websites. Whenever you travel to another website you should review its privacy policy. ACC 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 the CBC 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.

ACC 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 the CBC Site, or your intellectual property rights have been otherwise violated, please provide ACC’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:

Dell Perelman Esq.
Chief of Staff and General Counsel
American Chemistry Council
700 2nd Street, NE
Washington, DC 20002
Tele: (202) 249-7000
Fax: (202) 249-6100
E-Mail: copyright@americanchemistry.com

This contact information is for notices of copyright infringement only.

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Through this provision ACC 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 CBC Site is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between ACC and you by your using the CBC Site. The information provided on the CBC Site 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.

DISCLAIMER

THE CBC SITE AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CBC SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CBC SITE INCLUDING CONTENT IS 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, THE CBC, THEIR MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT THE CBC SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE CBC SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CBC SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, ACC, 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 CBC SITE. YOUR USE OF THE CBC SITE IS SOLELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL THE AMERICAN CHEMISTRY COUNCIL, THE CBC, THEIR 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 CBC SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

You agree to indemnify and hold harmless and upon request defend, the American Chemistry Council, the CBC, their members, subsidiaries, and affiliated companies, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of the CBC Site and/or breach of these Terms. ACC 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 ACC in asserting any available defenses.

JURISDICTION

The  CBC Site is maintained by or on behalf of the CBC, which is 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 CBC Site, you are responsible for compliance with applicable laws. By downloading or using content or features of the CBC Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.

INTERNATIONAL USE

ACC makes no representation that materials on the CBC Site 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 CBC Site from other locations do so on their own initiative and are responsible for compliance with local laws.

EXPORT CONTROLS

Software available through the CBC Site is subject to U.S. export controls. No software available from the CBC 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 the CBC Site or from a link to the CBC 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.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein or expressly stated at the CBC Site, the terms of this agreement constitute the entire agreement between you and ACC with respect to the CBC Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the ACC with respect to the CBC Site. If any part of these Terms & Conditions or terms specific to the CBC 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.

TERMINATION

ACC reserves the right, in its sole discretion, to terminate your access to all the CBC Site or an area of the CBC Site immediately and without notice. If you have any problems with these Terms & Conditions, your sole and exclusive remedy is to cease using the website.

SURVIVAL

In the event that your access terminates as provided herein or you cease using the CBC
Site, these Terms & Conditions shall survive.

CONTACT INFORMATION

If you have any questions regarding these Terms & Conditions or if you have any other questions regarding the CBC Site, please contact us at:

Center for Biocide Chemistries
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 October 30, 2018.