This Web site (the “Site”) and any of the services, documents, rules,
standards, processes and other information provided by the South Coast Air
Quality Management District (“AQMD”) in connection with the Site are
expressly subject to these Terms and Conditions. Please read the Terms and
Conditions carefully. By accessing the Site, you agree to be bound by these
Terms and Conditions.
DISCLAIMER
The services, documents, rules,
standards, processes and other information are offered on an “AS IS,” “WHERE
IS” and “WHERE AVAILABLE” BASIS, with NO WARRANTY OF ANY KIND – WHETHER
EXPRESS, IMPLIED OR STATUTORY – INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE.
You acknowledge that NEITHER AQMD nor
any of its respective employees, agents, third party content providers or
licensors WARRANT THAT THE SERVICES AND INFORMATION PROVIDED ON THE SITE
WILL BE UNINTERRUPTED OR ERROR FREE; nor do they make ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES AND INFORMATION ON THE
SITE, OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, RELIABILITY, COMPLETENESS
OR CONTENT OF ANY SERVICES OR INFORMATION PROVIDED THROUGH THE SITE.
By accessing and using the Site, you
agree that use of the Site is at your sole risk. Due to the dynamic nature
of the Internet, resources that are free and publicly available one day may
require a fee or restricted access the next, and the location of items may
change as menus, home pages, and files are reorganized.
BY ACCESSING AND USING THE SITE, YOU
AGREE THAT NO LIABILITY OF ANY KIND FOR ANY MATTERS RELATING DIRECTLY OR
INDIRECTLY TO YOUR USE, OR THE USE OF ANYONE ELSE, WHETHER AUTHORIZED OR
NOT, OF THE SITE, WILL IMPUGN TO AQMD OR ANYONE EMPLOYED BY AQMD. YOU AGREE
THAT AQMD IS NOT RESPONSIBLE FOR ANY LOSS, PROPERTY DAMAGE OR BODILY INJURY,
WHETHER CAUSED BY ACCESS TO OR USE OF THE SITE. AQMD will not be
responsible to you or any third party claiming through you for any direct,
indirect, special or consequential, economic or other damages arising in any
way out of the installation or use of the Site, any on-line services or
internet browser software, including liability associated with any computer
viruses that may infect your computer system.
INDEMNIFICATION
You agree to defend, indemnify, and
hold harmless AQMD and its respective board members, officers, employees,
and agents from and against all claims and expenses, including attorneys'
fees, arising out of the use of the Site.
USE OF AQMD’S LIST SERVER FEATURES
For more information, please refer to
AQMD’s List Server Disclaimer
Information.
LINKS TO OTHER SITES
AQMD may, at its discretion, create
links to Web sites controlled or offered by third parties (non-affiliate of
AQMD) that meet, but are not limited to, the following criteria.:
- The external link will assist AQMD
in fulfilling its mission.
- The external link will provide
information of value to the public and regulated community using AQMD’s
Web site.
- The organization being linked to is
not engaged in any legal or enforcement proceedings with the AQMD.
- The external Web site is managed in
a professional manner (i.e., fully operational and available most of the
time, etc.).
- If the external Web site is a
commercial site, the site owner is either an active partner in one of the AQMD’s programs, or supplies information or products that support the
principles of the AQMD.
- The external Web site does not
contain information that would offend common standards of decency and
propriety.
AQMD will remove any external link
that does not continue to meet these criteria. AQMD hereby disclaims
liability for any external Web site content, products, privacy policies, or
security. In the event you choose to use the services available at a linked
site, you agree to read and adhere to the policies and terms of use
applicable to that site. In addition, any advice, opinions, or
recommendations provided by the linked site providers are those of the
providers and not of AQMD. Your participation in any linked site, including
payment for and the delivery of goods or services, is based solely on the
agreement, if any, between you and the linked site provider.
AQMD reserves the right to modify the
above criteria and add/delete links based upon the modification at any time
and without notice. We request that you not post offensive messages or
encourage others to do so. You agree to adhere to these policies and notify
the system operator (WebEditor@aqmd.gov)
immediately when you encounter any violations of these rules.
LINKS TO THIS SITE
Other Web sites are invited to include
links to the Site. Although permission is not required, it is requested that
you let us know (WebEditor@aqmd.gov)
who you are and to which part of the Site you are linked. However, we ask
you not to lift information from the Site for placement on another Web
site. If you lift information, do not attribute that lifted
information to AQMD. Our information is updated frequently, and we need to
be certain that only current information is posted and attributed correctly
to AQMD. AQMD does not control other Web sites and their resources, and we do
not endorse them. AQMD will not be held responsible for their availability,
content, or accuracy.
TRADEMARKS AND COPYRIGHTS
All brand, product, and process names
appearing on the Site are trademarks or registered trademarks of their
respective holders. The mention of trade names or commercial products on
AQMD’s Web site does not constitute endorsement or recommendation of use. All
documents available from the Site may be protected under the U.S. and
Foreign Copyright Laws. Permission to reproduce may be required.
AQMD may also make use of copyrighted
data (e.g., photographs) on the Site which may require additional
permissions prior to your use. In order to use any information on the Site
not owned or created by AQMD, you must seek permission directly from the
owning (or holding) sources.
A great deal of information is
available on the Site. However, the ability to take full advantage of some
of the functionality of AQMD’s web information and applications may depend
upon the individual user's browser. If you have questions, please contact
WebEditor@aqmd.gov.
CONFIDENTIALITY
Pursuant to the Electronic
Communications Privacy Act of 1986 (18 U.S.C. § 2510, et seq.), notice is
hereby given that there are no facilities provided by the Site for sending
or receiving truly private or confidential electronic communications. AQMD
will not be responsible for any damages that you or any third party may
suffer as a result of the transmission of confidential information through
the Site.
SECURITY
For security purposes and to ensure
that the Site remains available to all users, AQMD employs monitors and
filters to identify and block unauthorized attempts to upload or change
information, or otherwise cause damage to the information on the Site.
Unauthorized attempts to upload or change information on the Site are
strictly prohibited and may be punishable under the Computer Fraud and Abuse
Act of 1986 and the National Information Infrastructure Protection Act.
Except for these authorized law enforcement investigations, no other
attempts are made to identify individual users or their usage habits.
While AQMD makes reasonable efforts to
ensure that all information provided on the Site, and all e-mail
communications sent by AQMD representatives, do not contain computer
viruses, AQMD cannot guarantee that a virus will not be distributed. You are
responsible to take the appropriate precautions to scan communications for
computer viruses. Under no circumstances will AQMD be liable in any way for
the unintentional distribution of any such viruses.
By using the Site, you agree to not
use AQMD’s Web site for any illegal purpose or activity, or to discuss or
advocate any illegal activities, whether in private or in public. You
further agree to use best efforts not to, post or send communications to
AQMD that contain viruses, Trojan horses, worms, time bombs, or other
computer programming routines that are intended to damage, detrimentally
interfere with, or surreptitiously intercept any system, data or
information.
GENERAL
AQMD reserves the right to modify
these Terms and Conditions at any time without notice, but the most current
version of the Terms and Conditions will always be available to you by
clicking on the link at the bottom of the Site. If you find the Terms and
Conditions unacceptable at any time, you may discontinue your use of the
Site. By continuing to use the Site after the date of any change to the
Terms and Conditions, you agree to be bound by the rules contained in the
most recent version of the Terms and Conditions.
PRIVACY
If you submit information to us
through an on-line application or form, the information will be transmitted
through secure lines to our central database. Any private and/or
confidential information will only be used for the purposes for which it was
provided and will not be shared with another person except as prescribed by
law, including, but not limited to, the California Public Records Act.
AQMD limits employee access to
customer information to those who have a business reason to know this
information. Employees are required to honor our code of conduct, which
includes standards to protect confidentiality. Employees are subject to
disciplinary action if they fail to do so. AQMD requires independent
contractors and outside companies to adhere to strict privacy standards as
well.
AQMD uses technological means (such as
backup files, virus detection and eradication software, firewalls, and other
computer software and hardware) to protect against unauthorized access or
alterations to user data.
AQMD understands the need to safeguard
your information and records from unauthorized use and disclosure. Please
refer to the AQMD Privacy Statement for further information. For more
information, please review our Privacy Statement.
If you are not prepared to abide by
any of the above terms, please log off now.
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