Terms of Use Agreement
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Ownership. The Work is the copyrighted property of the Environmental
Law Institute (R) [hereinafter referred to as "ELI"] of Washington, DC and/or
its third-party providers, licensors or distributors. Subject to exceptions contained in
the Copyright Act [Title 17 United States Code, sec. 101 et seq., as amended], the
Work may not be reproduced, sold, transferred, or modified except as provided in this
Agreement or as may otherwise be granted in writing by ELI and/or, for portions owned by
any third-party author, provider, licensor or distributor, by such third-party author,
provider, licensor or distributor.
Any reproduction of the Work must contain the minimum notice of ELI
copyright ownership as follows:
© Environmental Law Institute®
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Note: The terms "ELR®", "Environmental Law
Reporter®", "Environmental Law Institute®" and "The Environmental
Forum®" are trade- and/or service marks belonging exclusively to ELI and may not be
used except to refer to those ELI materials, goods or services to which they apply.
Additional trademarks belonging to third parties may also be used in this Work or on this
Site, and your use of this Work or Site conveys no ownership or rights in or to any such
trade or service mark.
ELI makes no claim and asserts no ownership over material which may be
included in the Work which belongs to or is produced by the United States Government and
is in the public domain.
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Use of Work. As an educational service to the public, ELI has
provided this Work in an electronic format on its World Wide Web Site. A single
copy may be downloaded for personal, non-commercial,
educational or research use and reference. Additional copies,
whether electronic or otherwise, may not be made or distributed without the
advance, written permission of ELI. You may, however, provide any person with the URL [Web
address] of the ELI Web Site or a hyperlink to the public portions of said Site.
Exclusion of warranty. Although ELI works to ensure the accuracy
of information provided by the Work, ELI hereby expressly excludes any express or
implied warranty on behalf of itself or any third party author, provider, licensor or
distributor, as to the accuracy, completeness, timeliness, merchantability or fitness for
a particular purpose of any of the content or data found in the Work. Similarly, ELI makes
no representation about, does not warrant either expressly or implicitly the accuracy,
completeness, timeliness, merchantability or fitness for a particular purpose of, and
assumes no responsibility for any material referenced by or in the Work.
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Limited liability. In no event shall ELI or any third party
author, provider, licensor or distributor be liable for any injury, loss, claim, damage or
any special, exemplary, punitive, incidental, or consequential damages of any kind,
including but not limited to lost profits or lost savings whether based in contract, tort
or otherwise, which arises from or is in any way connected with any use of the Work or
content herein.
If, notwithstanding the foregoing, ELI or any third party author,
provider, licensor or distributor should be found liable for any loss or damage which
arises from or is connected in any way to the Work and its described uses or content, the
liability of ELI and any third party author, provider, licensor or distributor shall in no
event exceed, in the aggregate, the subscription fee or other charges, if any, paid by you
to ELI to access the Work with respect to which liability is found. ELI shall have no
liability for the exercise of ELI’s sole discretion to deny, terminate or restrict
your access to the Work.
These terms and conditions shall apply to all claims whether based on
contract or tort.
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Indemnification. You agree to defend and indemnify ELI and
third-party provider, licensor or distributor against any claim or cause of action brought
by or on your behalf in excess of the liability described herein or by third parties as a
result of your use of this Site or the materials contained on it.
Relationship of parties. The relationship between ELI, third
party providers, licensors or distributors and you shall be that of independent
contractors and neither you nor ELI shall be held or construed to be a partner, joint
venturer, fiduciary, employee or agent of the other. While the Work may include
information about legal issues, it does not provide legal advice and no
attorney-client relationship is created between you as the user of the Work and ELI.
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Assignment. You may not assign, convey, subcontract, give or
donate, or delegate your rights, duties or obligations under this Agreement.
Law. This Agreement and the obligations of the parties shall be
governed by the laws of the District of Columbia in the United States of America. You
hereby consent and submit to the exclusive jurisdiction of the District of Columbia and
federal courts located in the District of Columbia in all questions or controversies
arising from your use of the Site or otherwise under this Agreement.
Amendment or modification. This Agreement may be modified at any
time by ELI and such new or modified terms and conditions as it may, in its sole
discretion, impose shall take effect upon such date as ELI indicates.
Severability and entire agreement. These terms and conditions
shall be deemed severable in the event any provision is found to be unenforceable, invalid
or otherwise contravene public policy and the remaining provisions of the Agreement shall
remain in full force and effect.
These terms and conditions contain the entire agreement between us
relating to your use of the ELI Work in question and supersede any prior understandings or
agreements whether or not in writing regarding the subject matter and may not be amended
or modified except in a writing endorsed by both parties.
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