Terms of Use

Last updated: July 12, 2016

Please read these Terms of Use (“Terms of Use”) carefully before using the http://www.cleanairpartners.net website (the “Service”, “Site”) operated by Clean Air Partners and the Metropolitan Washington Council of Governments (“COG”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, employees, contractors, and others who access or use the Service.

By accessing, using, or making a purchase through the Service you agree to be bound by these Terms of Use. If you disagree with any part of the Terms of Use, then you may not access the Service.

Privacy Policy

Clean Air Partners respects the privacy of its Service users. Please refer to the Privacy Policy which explains how we collect, use and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

Use and Conduct Restrictions

Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:

• Post any comment that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
• Post any comment that advertises and/or promotes a business, product, or service;
• Use the Service for any unlawful purpose or for the promotion of illegal activities;
• Attempt to, or harass, abuse or harm another person or group;
• Use another user’s account without permission;
• Provide false or inaccurate information when registering an account;
• Interfere or attempt to interfere with the proper functioning of the Service; make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
• Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider or crawl the Service, or harvest or manipulate data; or
• Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

Violation of Use Restrictions

If any visitor, employee, contractor, or user violates the use restrictions for Clean Air Partners’ website, Clean Air Partners reserves the right to block use and/or seek damages and other remedies to the full extent of the law.

Links to Other Web Sites and/or Materials

The Service may contain links to third party websites or services that are not owned or controlled by Clean Air Partners.

Clean Air Partner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. All users of the Site acknowledge and agree that Clean Air Partners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

Modification of Terms of Use

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site to view any such changes to the Terms of Use. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Governing Law

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the District of Columbia, without regard to conflict of law provisions.

Severability

If any part of the Terms of Use is held invalid or unenforceable, that portion of the Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on Clean Air Partners’ part to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.

Assignment

Clean Air Partners may assign or delegate these Terms of Use and or its Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without Clean Air Partners’ prior written consent, and any unauthorized assignment and delegation by you is void.

Termination

Clean Air Partners may terminate or suspend access to our Service immediately without prior notice or liability for any reason whatsoever, including without limitation if you breach the Terms of Use.

All the provisions of the Terms of Use which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Intellectual Property

The Service and all of its original content on the web site are the sole property of Clean Air Partners and are, as such, fully protected by the appropriate national and international copyright and other intellectual property rights laws.

Indemnification

By using this Site, you agree to indemnify to the fullest extent possible Clean Air Partners from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms of Use.

Warranty Disclaimer

The service is provided “As Is.” Without warranty of any kind. Without limiting the foregoing, Clean Air Partners expressly disclaims all warranties, whether express, implied, or statutory, regarding the service including without limitation any warranty or merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement. Without limiting the foregoing, Clean Air Partners makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your own downloading and/or use of files, information, content, or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.

Limitation of Damages; Release

To the extent permitted by applicable law, in no event shall Clean Air Partners, its affiliates, director or employees, or its licensors or partners, be liable to you for any loss of profits, use or data, or for any financial, indirect, special, consequential, or exemplary damages, however arising, that result from (A) the use, disclosure, or display of your user content; (B) your use or inability to use this service; (C) the service generally or the software or systems that make the service available; or (D) any other interactions with Clean Air Partners or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Clean Air Partners has been informed of the possibility of such damage and even if a remedy set fourth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.

Contact us

If you have any questions about these Terms of Use, please contact us.

You acknowledge that you have read these Terms of Use, understand the Terms of Use, and will be bound by these terms and conditions. You further acknowledge that these Terms of Use together with the Privacy Policy represent the complete and exclusive statement of the agreement between us and that it superseded any proposal or prior agreement oral or written, and any other communications between us relating to the subject matter of this agreement.