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.:

1. The external link will assist AQMD in fulfilling its mission.
2. The external link will provide information of value to the public and regulated community using AQMD’s Web site.
3. The organization being linked to is not engaged in any legal or enforcement proceedings with the AQMD.
4. The external Web site is managed in a professional manner (i.e., fully operational and available most of the time, etc.).
5. 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.
6. 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.