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WEBSITE USE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS (“Terms and Conditions”) CAREFULLY AS THEY APPLY TO ALL USERS (“user” or “you/your/yours”) OF THE ISTREEM® WEBSITE, WWW.ISTREEM.ORG (“Website”), WHICH IS OWNED AND OPERATED BY THE AMERICAN CLEANING INSTITUTE (“ACI” or “we/us/our”). BY ACCESSING, VIEWING, AND/OR USING THIS WEBSITE, YOU ARE AGREEING TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE AND YOU MUST EXIT THE WEBSITE.

We reserve the right, in our sole and absolute discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time without notice. We will post the revised Terms and Conditions to the Website and the changes will be effective upon such posting. Your continued use of the Website following any modification constitutes your agreement to these terms. It is your responsibility to review these Terms and Conditions regularly, as the same shall apply to your use of this Website.

In addition, when using the Website or a service of this Website, you will be subject to any posted guidelines, rules, or policies for the service. Those guidelines, rules, and policies, whether now existing or adopted in the future, are incorporated by reference into these Terms and Conditions.

I. Access Rights and Indemnity

You may access and use this Website solely for lawful purposes and only in accordance with these Terms and Conditions.

Because of the nature of this Website, our services are not designed to appeal to minors. We do not knowingly attempt to solicit or receive any information from children. If you are under the age of 13, you are not authorized to access or submit any content or information to this Website.

Subject to your agreement to these Terms and Conditions and continued compliance with the same, you are granted a limited, non-exclusive, non-transferable, and revocable license to access and make personal or educational, non-commercial use of this Website. You are also granted a limited and revocable license to print copies of any content accessible from this Website, but solely for your personal or educational, non-commercial use.

Your use of this Website is at your own risk and you shall indemnify, defend, and hold us, our affiliates, licensees, successors, and assigns and their respective officers, directors, employees, administrators, contractors, agents, licensors, successors, and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including reasonable attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms and Conditions or of any rights of another, or your access or use of the Website, any content, or any user content or submission (including any use or access by your employees, agents, or representatives).

II. Proprietary and Intellectual Property Ownership Rights of Website Content

The design and content of this Website, including all trademarks, text, information, models, graphics, and applications contained within or made available through the Website, including the selection, arrangement, and design of the all content (collectively, “Website Content”) are the sole and exclusive proprietary property of ACI and their respective owners (“Website Content Owners”), and are protected by applicable copyright, trademark, and other United States and international intellectual property laws. Except where otherwise noted, permission to use any Website Content, including data output based on simulations run using user-inputted data and model results, is granted subject to the following terms and conditions: (1) none of the copyright, trademark, or other proprietary notices appearing on the same shall be altered, changed, obscured, or removed; (2) the Website Content shall not be changed, edited, or modified in any way; (3) all use of the Website Content shall be for personal or educational, non-commercial purposes only; (4) the Website Content shall not be used in a misleading or deceptive manner; and (5) you shall not use any Website Content in a manner that may suggest an association or affiliation with ACI or any of its members, services, initiatives, or other activities.

Further, nothing in these Terms and Conditions is intended to provide users any rights in or license to any underlying system data, reports, applications, software, algorithms, coding, or any other components of any of the models made available on the Website, which shall always be the sole and exclusive property of the applicable Website Content Owner. Moreover, any third party product and company names mentioned on this Website are the trademarks or service marks of their respective owners. Any other content posted on this Website is the copyrighted work of the author or owner. You may not use any trademarks or service marks without express written consent from the applicable Website Content Owner.

III. Shared Information and Content

Neither these Terms and Conditions nor your use of the Website create any confidential relationship between you and us. We shall not have any liability whatsoever for the results of submissions of information or requests to this Website or by means of this Website. We reserve the right to change the products and services referred to in this Website or to discontinue this Website altogether.

All postings, messages, text, files, images, graphics, photos, audio clips, sounds, video, data inputs, or other materials (the “User Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such User Content originated. You are entirely responsible for all of the User Content that you post, email, or otherwise make available through the Website. By uploading or otherwise posting any User Content on the Website, you represent and warrant: (1) you own or otherwise have all necessary rights, including but not limited to copyrights, to the User Content you provide and the rights to use it as provided in this Terms and Conditions; (2) all information you provide is true, accurate, current, and complete, and does not violate these Terms and Conditions or any applicable laws; and (3) the User Content will not cause injury to any person or entity. For all User Content you provide to us through the Website, you grant us, our affiliates and related entities, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce, and create derivative works from such User Content, including, without limitation, in printed or electronic form and for purposes other than the Website.

In addition, you agree not to upload, transmit, distribute, or otherwise publish in or on the Website any User Content which is illegal or otherwise harmful, including content that is: (i) off topic, a personal attack, libelous, defamatory, obscene, abusive, threatening, or an invasion of privacy; (ii) an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; and/or (iii) an advertisement or solicitation of funds, goods, or services. You further agree not to impersonate anyone else or pass yourself off as someone else. We can take any action or no action with respect to any submission, in our sole and absolute discretion.

IV. Privacy and Security

We value your privacy, therefore, before using the Website, please read the iStreem.org® Privacy Policy, as it also governs your use of the Website and provides details on the information we collect from you and the uses we make of that information. Although the Website has security measures in place to protect information that is under our control, ACI cannot guarantee complete security. In addition, we may provide links to the sites of certain other entities. These links are provided as helpful tools; however, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these entities or the content of their websites. If you choose to visit any of these websites, you should carefully review any privacy policies and terms and conditions of use posted there. ACI does not assume any responsibility or liability for the actions, products, or content of these or any other third parties.

V. Copyright Complaints

ACI respects the intellectual property of others, and we ask our visitors to do the same. ACI may, in appropriate circumstances and at its discretion, terminate access to a Website user who infringes the intellectual property rights of others. If you believe that a work protected by a U.S. copyright has been linked to, posted, stored, copied, or made accessible on the Website in a way that constitutes copyright infringement, please alert ACI by notifying ACI’s Designated Agent for notices of claims of copyright infringement as set forth below. We will respond to notices of alleged copyright infringement that comply with applicable law and this section of these Terms and Conditions. In accordance with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), if you believe any content accessible on this Website infringes your copyright, you may request removal of that content from this Website by submitting written notice, with your physical or electronic signature, to our Copyright Agent designated below that includes the following information (the “DMCA Notice”): Predicted environmental concentrations are calculated for the continental United States and several watersheds in Canada:
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Website, a representative list of such works;
  • Identification of the content you believe to be infringing in a sufficiently precise manner to allow us to locate that content;
  • Information by which we can contact you (including your name, postal address, telephone number, and e-mail address);
  • A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent, or the law (e.g. is not a “fair use”);
  • A statement that the information in the written notice is accurate; and
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
By Mail: Legal Department
American Cleaning Institute
1331 L Street NW, Suite 650
Washington, DC 20005
By Phone: 202-347-2900
By E-mail: legal@cleaninginstitute.org

If you knowingly materially misrepresent that any content on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

VI. Disclaimer of Warranties

THIS WEBSITE IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES WHATSOEVER ABOUT THE NATURE, CONTENT, OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY MATERIAL ON THE WEBSITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. ACCORDINGLY, ACI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. IN ADDITION, ACI MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS WEBSITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

FURTHER, WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, INTEGRITY, RELIABILITY, AND COMPLETENESS OF THE INFORMATION PROVIDED. ANYONE USING THIS WEBSITE SHOULD CHECK REFERENCE MATERIALS TO ENSURE INFORMATION PROVIDED HERE IS ACCURATE, COMPLETE, RELIABLE, AND FREE FROM OMISSIONS. NONE OF THE CONTENT SHOULD BE CONSTRUED AS BINDING OR GENERALLY ACCEPTED STANDARDS WITHIN THE CLEANING PRODUCT, OLEOCHEMICAL, OR ANY OTHER INDUSTRY. ACCORDINGLY, NEITHER ACI NOR ANY OF ITS MEMBERS ASSUME ANY RESPONSIBILITY OR LIABILITY BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE WITH RESPECT TO THE CONTENT. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF YOUR ACCESS, OR INABILITY TO ACCESS, THIS WEBSITE OR OTHER SITES OWNED OR CONTROLLED BY ACI, OR YOUR RELIANCE ON THE INFORMATION ON THE WEBSITE.

VII. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, ACI, ITS MEMBERS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (“REPRESENTATIVES”) ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR FOR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR ITS CONTENT, WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF ACI OR AN ACI-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SINCE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL ACI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).

VIII. Remedies

Your access and use privileges of this Website and its content are conditioned upon your adherence to these Terms and Conditions. ACI has the right to deny you access and use of this Website and its content and to remove any submissions if you violate (as ACI may determine in its sole and absolute discretion) any provision of these Terms and Conditions. ACI reserves the right to seek all other remedies available at law and in equity. You agree, at your own expense, to defend, indemnify, and hold ACI and its Representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party in connection with or arising out of your access to, or use of, this Website or any content in a manner other than as expressly authorized by these Terms and Conditions, your breach of these Terms and Conditions, or your violation of applicable laws or any third party rights.

IX. Entire Agreement; Severability; Waiver

These Terms and Conditions, together with the Privacy Policy, contain the entire agreement between you and ACI regarding the use of the Website and its content and supersede any and all other agreements between you and ACI with respect to matters in these Terms and Conditions. ACI’s failure to enforce any right or provision in these Terms and Conditions will not constitute a waiver of such provision, or any other provision in these Terms and Conditions. If any provision of these Terms and Conditions is deemed void, unlawful, or otherwise unenforceable for any reason, that provision shall be severed from these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in force. If we waive enforcement of any provision in these Terms and Conditions, we are not obligated to continue to waive it.

X. Interpretation

These Terms and Conditions are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted standards of the Internet community, whether or not expressly mentioned in these Terms and Conditions, is prohibited. ACI reserves the right at all times to prohibit activities that damage its reputation and goodwill, or the commercial reputation and goodwill of its members. We may take whatever action we deem appropriate, including (among other things) investigating allegations of improper activities, making reports to law enforcement authorities, or terminating service if we believe that there has been a violation of these Terms and Conditions.

XI. Choice of Law and Jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the United States and the District of Columbia, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or your use of the Website shall be filed only in the state or federal courts located in the District of Columbia, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

These Terms and Conditions were last updated on 26th June 2017.


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