General Provisions
Copyright, Trademarks and Restrictions
Linking to Council Sites
Software
Submissions
Forums, E-Mail, and Public Communication
Rules of Conduct
Contests And Sweepstakes, Auctions, and Other Activities
Third Party Content and Links to Other Sites
User Access
Privacy and Security
Notice and Procedure for Making Claims of Copyright Infringement
No Legal Advice
Disclaimer
Limitation of Liability
Indemnification
Jurisdiction
International Use
Export Controls
Choice of Law and Forum
Severabilty and Integration
Termination
Survival
Contact Information
LAST UPDATED: These Terms & Conditions were last updated on August 13, 2019.
General Provisions
Welcome to the Internet Sites of the American Chemistry Council® ("ACC"), which represents the leading companies engaged in the business of chemistry, including significant business groups such as the Plastics Division and the Chlorine Chemistry Division. The American Chemistry Council, its subsidiaries, and affiliated companies (referred to herein as "Council," "we," "us," or "our") maintain these sites (each a "Council Site" and collectively "Council Sites").
BY USING A COUNCIL 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 SITES. IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS YOU ARE NOT AUTHORIZED TO USE COUNCIL SITES. 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 COUNCIL SITES FOLLOWING THE POSTING OF ANY CHANGES TO THESE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.
Some Council Sites or areas of Sites may have different terms and conditions posted. Any such terms will not vary or replace these Terms & Conditions regarding the use of Council Sites, unless they expressly state otherwise. Additionally, a Council Site may contain page(s) or areas with their own Terms & Conditions, in addition to those listed here, which you should review and with which you must agree in order to use those areas.
Copyright, Trademarks and Restrictions
Council Sites and their contents are protected pursuant to U.S. and international copyright laws. All materials published on Council Sites are the copyrighted property of the Council, its subsidiaries, and affiliated companies, third party licensors, or the party credited. The Council claims no copyright in any government or other public domain content that may be on our sites. All trademarks, service marks, certification marks and trade names, including but not limited to the ACC mark, Responsible Care®, the hands logo mark, Responsible Care Management System®, RCMS®, RC14001®, americanchemistry.com®, CHEMTREC®, TRANSCAER® and ChemITC® are owned by the Council and are protected by state, federal, and international trademark law. All other trademarks appearing on Council Sites are the property of their respective owners.
Except where otherwise noted, permission to use Materials (such as white papers, press releases, datasheets, and FAQs) from Council Sites 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 from the Council Site 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 our 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 Council Sites.
Materials specified above do not include the design or layout of the Council Sites, audio/video training materials that you pay to access, or any other Council owned, operated, licensed, or controlled site.
Linking to Council Sites
The Council has no objection to links made from other sites to Council Sites, provided that you comply with the following requirements:
- You may not frame or alter the appearance of Council Sites.
- You may not state or imply that the Council endorses, sponsors or otherwise approves your site or any other sites.
- You may not use any Council Trademarks, service marks or logos without prior written consent.
- In view of the dynamic nature of the Internet, and the possibility of updates and changes, we request that your link enter Council Sites at their home pages.
- You must abide by all of the other Council Terms and Conditions of use set forth herein.
Due to the diverse nature of our web activities, websites within the Council Internet family may have linking policies that differ from this policy. In such cases, the linking policy of the particular Council Site will be posted, and will supersede the Terms regarding linking to Council Sites of this document.
Software
If you download software or applications from any Council 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 the Council 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 Council Sites may request ideas or materials that include but that are not limited to concepts, feedback, 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 Council, or otherwise expressly stated, by submitting any Submission, whether solicited by us or not, you are automatically granting the Council 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 the Council, 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
Council Sites 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 the Council 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 a Council Site. Children under the age of 18 are not authorized to post messages or participate in Forums on Council Sites.
The Council does not control Messages delivered to Forums, and the Council has no obligation to monitor such Forums. If at any time the Council chooses, in its sole discretion, to monitor the Forums, the Council 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 the Council and are not necessarily reviewed prior to posting. The Council 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. The Council 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, the Council 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 the Council 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 the Council, 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 Council Sites that you do not:
- Use any Forums for any illegal purposes (or to solicit any illegal act) including, but not limited to, violating applicable antitrust laws and regulations;
- Restrict or inhibit any other user from using and enjoying the Forums;
- 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;
- Post or transmit any message with bigoted, hateful, or racially offensive statements;
- Post any message that solicits gambling or engage in any gambling activity;
- 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;
- Post or distribute any software or other materials that contain a virus or other harmful component;
- Advertise or sell or solicit to others;
- 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;
- Try to gain unauthorized access to an Council Site, other users' accounts, or computers connected to the Council Site though password mining or other means; or
- Interfere with another user's use and enjoyment of a Council 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
Council Sites 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 Council Sites, users may be able to link to other Internet addresses. These other sites are not under the control of the Council, and you acknowledge that the Council 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 the Council or any association with its operators. Use of any information on Council Sites 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 the Council.
User Access
User access and use of Council Sites, 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 available at a Council Site. The Council may also impose limits on certain features and services or restrict your access to parts or all of a Council Site(s) without notice or liability.
Privacy and Security
We respect the privacy of visitors to Council Sites. For more information about how we use and protect the personal information you may provide through our websites, please click here to review the website's privacy notice. Note that the Council reserves the right to change its privacy notice at any time without notice.
We have implemented the invisible reCAPTCHA on the Council Sites and your use of the invisible reCAPTCHA is subject to the Google Privacy Policy and Terms of Use.
Please note Council Sites may contain links to other Internet websites. Whenever you travel to another website you should review its privacy notice. The Council 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 any Council 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.
The Council 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 a Council Site, or your intellectual property rights have been otherwise violated, please provide the Council'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:
Allison Starmann
General Counsel and Corporate Secretary
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:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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;
- 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;
- 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
- 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 the Council 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 Council Sites is intended as, nor shall be construed as, legal advice, guidance, or interpretation. No attorney-client relationship is established between the Council and you by your using Council Sites. The information provided on Council Sites 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.
Content and information on the Counsel Sites, including any training videos or materials, are designed to provide practical and useful information on the subject matter covered. However, it is offered with the understanding that the Counsel is not engaged in rendering legal advice or other professional services, and subject to the Disclaimers below. If legal advice or other expert assistance is required, the services of a competent professional should be sought.
Disclaimer
COUNCIL SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH COUNCIL SITES (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. COUNCIL SITES INCLUDING CONTENT ARE 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, ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT COUNCIL SITES AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, UP TO DATE, OR FREE FROM ERROR OR OMISSIONS; THAT COUNCIL SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT COUNCIL SITES AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, THE COUNCIL, 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 COUNCIL SITES. YOUR USE OF COUNCIL SITES IS SOLELY AT YOUR OWN RISK.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE AMERICAN CHEMISTRY COUNCIL, ITS 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, COUNCIL SITES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COUNCIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE COUNCIL'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, its 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 Council Sites and/or breach of these Terms. The Council reserves the right, at it 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 the Council in asserting any available defenses.
Jurisdiction
The Council Sites are maintained by or on behalf of the Council, 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 a Council Site, you are responsible for compliance with applicable laws. By downloading or using content or features of a Council Site, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.
International Use
The Council makes no representation that materials on Council Sites 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 Council Sites from other locations do so on their own initiative and are responsible for compliance with local laws.
Export Controls
Software available through Council Sites is subject to U.S. export controls. No software available from a Council 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 a Council Site or from a link to a Council 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.
Severabilty and Integration
No waiver of by the Council of any term or condition set out in these Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Council to assert a right or provision under these Terms & Conditions shall not constitute a waiver of such right or provision.
Unless otherwise specified herein or expressly stated at Council Sites, the terms of this agreement constitute the entire agreement between you and the Council with respect to Council Sites and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and the Council with respect to Council Sites. If any part of these Terms & Conditions or terms specific to a Council 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
The Council reserves the right, in its sole discretion, to terminate your access to all Council Sites, a specific Council Site, or an area of a Council Site immediately and without notice. If you have any problems with these Terms & Conditions or with a Council Site your sole and exclusive remedy is to cease using the website(s).
Survival
In the event that your access terminates as provided herein or you cease using a Council Site(s), these Terms & Conditions shall survive.
Contact Information
If you have any questions regarding these Terms & Conditions or if you have any other questions regarding Council Sites, please contact us at:
American Chemistry Council
700 Second Street, NE
Washington, DC 20002
Tele: (202) 249-7000
Fax: (202) 249-6100