WE&RF WEBSITE TERMS OF USE AGREEMENT

Use of the Water Environment & Reuse Foundation (“WE&RF”) Website (the “Website”) and its research results and content are subject to the following Terms of Use Agreement (the “Agreement”). WE&RF reserves the right to modify or update the Agreement at any time without notice. By using this Website, you acknowledge and agree to the following terms as set forth herein without limitation or qualification.

PRIVACY NOTICE

Please review the WE&RF Privacy Notice, which also governs your use of this Website. By using the WE&RF Website, you acknowledge and agree that this Agreement, together with our Privacy Notice, constitutes the complete and exclusive agreement between us concerning your use of this Website, and supersedes and governs all prior proposals, agreements, or other communications.

ENFORCEMENT

If any provision of this Agreement is adjudged unlawful or void or unenforceable in whole or in part, the remaining provisions shall continue in full force and effect.

DESCRIPTION OF CONTENT

WE&RF provides you with access to a variety of resources (“Research Results”) and content including general information, downloadable tools, and an online area that can be accessed only by WE&RF subscribers.

ACCURACY OF INFORMATION/NO ENDORSEMENT

WE&RF attempts to be as accurate as possible when describing WE&RF and the Research Results provided on the WE&RF Website; however, to the extent permitted by applicable law, WE&RF does not warrant that the publications, tools, software, or other content available on the WE&RF Website is accurate, complete, reliable, current, or error-free.

Content posted or authored by third parties is not endorsed by WE&RF unless such endorsement is expressly noted.

USE OF CONTENT

Use of WE&RF Website content (graphics, logos, software, publications, tools, etc.) is for informational and non-commercial or personal use only by you. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, post on any network, broadcast in any media, or sell any content, information, software, products or services obtained from the Research Results unless expressly permitted by WE&RF. Elements of the WE&RF website are protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. Content other than that belonging to WE&RF is licensed or otherwise published by WE&RF with the permission of the owner of the material. All rights in such materials are reserved to the respective owners.

LIMITED LICENSE

WE&RF grants you a limited, revocable, and non-exclusive license to access and make personal use of the WE&RF Website. Any unauthorized use by you of the WE&RF Website terminates the limited license without prejudice to any other remedy provided by applicable law.

SUBMISSIONS

WE&RF welcome inquiries or feedback on the content that it provides on the WE&RF Website. Any inquiries, feedback, suggestions, ideas or other information you provide (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Privacy Notice, by transmitting or posting any Submission, you hereby grant us a world-wide, nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, distributing and marketing products.

If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission, including any copyright, trademark, or patent rights. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from your claims to any rights in any Submission.

A Note about Responses to Requests for Proposals (RFP’s) and Contract Bids: Submissions of responses to RFPs and contract bids are specifically excluded from this “Submission” policy. Responses to RFP’s and contract bids are considered confidential and proprietary and are not currently accepted through the WE&RF website. Responses to RFP’s and contract bids may only be submitted through the U.S. Postal Service or other mail carrier. See WE&RF’s Privacy Notice.

LIMITS OF LIABILITY

WE&RF makes no warranties or representations of any kind that the research results and services provided by this Website or any linked site will be uninterrupted, error-free, or that the site or the server that hosts the site are free from viruses or other forms of harmful computer code. All such information is provided “as is,” and with specific disclaimer of any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. In no event shall WE&RF, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for any direct, incidental, or consequential damages resulting from the use of this website or any linked site.

EXTERNAL LINKS

Links from the WE&RF Website to other websites do not imply an endorsement of the materials disseminated at those websites, nor does the existence of a link to another site imply that the organization or person publishing at that site endorses any of the materials at this site. Links to other websites are provided by WE&RF only as a convenience to its users and subscribers. WE&RF is in no way responsible for examining or evaluating, and does not warrant the offerings of any other websites linked to or from the WE&RF Website, nor does WE&RF assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all other websites that you visit.

UNLAWFUL OR PROHIBITED USE

As a condition of your use of the WE&RF Website, you will not use the Website for any purpose that is unlawful or prohibited by this Agreement. You may not use the Website in any manner that could damage, disable, overburden, or impair the WE&RF website, or interfere with any other party's use and enjoyment of the Website.

USE OF WE&RF ACCESS AREA/COMMUNICATION SERVICES

Services available to you when you sign in under the “Get Access” feature are referred to in this Agreement as the Access area. The Access area may contain subscriber-only forums and/or other message or communication facilities designed to communicate with you. You agree to use the communication services only to view and post messages and material that are proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that you will not:

1. Use the Access area in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

2. Advertise or offer to sell or buy any goods or services.

3. Publish, post, distribute or disseminate any inappropriate, profane, defamatory, obscene, harassing, indecent or unlawful topic, name, material or information.

4. Use any material or information, including images or photographs, which are made available through the WE&RF Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.

5. Provide links to files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.

6. Download any file posted by another subscriber that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.

7. Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

8. Restrict or inhibit any other subscriber from using and enjoying the WE&RF Access area.

9. Violate any code of conduct or other guidelines which may be applicable for any particular Service.

10. Harvest or otherwise collect information about other subscribers, including e-mail addresses.

11. Violate any applicable laws or regulations.

12. Create a false identity for the purpose of misleading others.

13. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the WE&RF Access area or other user or usage information or any portion thereof.

Messages and materials posted through the WE&RF Access Area are the sole responsibility of the person who posts them and any opinions or views expressed are those of the individual users. You understand that you may be exposed to messages and materials that may be offensive or objectionable. WE&RF reserves the right to review messages and materials posted to the WE&RF Access area and to remove any materials at its sole discretion for any reason or no reason.

WE&RF reserves the right to terminate your access to any or all of the Access area at any time, without notice, for any reason whatsoever. WE&RF also reserves the right to terminate your access for repeated violation of this Agreement.

Always use caution when giving out any personally identifiable information. WE&RF does not control or endorse the content, messages or information found in the WE&RF Access area and, therefore, WE&RF specifically disclaims any liability with regard to the Access area and any actions resulting from your subscription to the Access area.

COPYRIGHT INFRINGEMENT CLAIMS

WE&RF prohibits the posting of any information or materials that violates or infringes the copyrights of any person or entity. If you believe that your work has been copied and made available on this site in a manner that would constitute copyright infringement, please provide the following information in writing to our designated DMCA Copyright Agent:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work or other intellectual property that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the site;

4. Your address, telephone number, and email address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

WE&RF’s Copyright designated DMCA Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Copyright Agent

Attn: Gina Street/DMCA Complaints
Water Environment & Reuse Foundation
1199 N Fairfax St, Suite 900
Alexandria, VA 22314
By phone: (571) 384-2100
By fax: (703) 299-0472
By email: dmca@werf.org

 

Upon receipt of such notification, WE&RF will remove any posted submission found to be infringing the rights of any person or entity in conformance with 17 U.S.C. §512(c)(3). United States law provides strict penalties for submitting false claims of infringement.

 

GOVERNING LAW

These Terms of Use shall be governed by the laws of the Commonwealth of Virginia applicable to contracts made and performed there, without regard to its conflict of laws principles, and where applicable, the laws of the United States. You agree to submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Virginia, City of Alexandria, and waive any jurisdictional, venue or inconvenient forum objections to such courts. _________________________________________________________

WE&RF 1199 N Fairfax St, Suite 900, Alexandria, VA 22314

Water Environment & Reuse Foundation (“WE&RF”), WEBSITE TERMS OF USE AGREEMENT, Updated 05/28/16.