Terms and Conditions of Use

TERMS AND CONDITIONS OF USE


Welcome to the Website of the Dangerous Goods Advisory Council, Inc. (“DGAC”). DGAC promotes improvement in the safe transportation of hazardous materials/dangerous goods globally by providing education, assistance and information to the private and public sectors through its unique status with regulatory bodies and the diversity and technical strengths of its membership. DGAC maintains this Website (“THE SITE”).


BY USING THE SITE OR ANY INFORMATION IN ANY ELECTRONIC OR OTHER FORMAT PROVIDED BY DGAC IN OR THROUGH THE SITE OR OTHERWISE (“THE CONTENT”), YOU SIGNIFY YOUR AGREEMENT (“AGREEMENT”) TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED OR REFERENCED IN THESE TERMS AND CONDITIONS (“THE TERMS") ON THE SITE. IF YOU DO NOT AGREE TO THE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE OR THE CONTENT. DGAC RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD TO, OR REMOVE PORTIONS OF THE TERMS AT ANY TIME WITHOUT NOTICE. YOU AGREE TO CHECK THE TERMS PERIODICALLY FOR CHANGES. CONTINUED USE OF THE SITE OR THE CONTENT FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS CONSTITUTES ACCEPTANCE OF THOSE CHANGES.


COPYRIGHT, TRADEMARKS AND RESTRICTIONS

THE SITE and its contents are protected pursuant to U.S. and international copyright laws. All materials published on THE SITE are the copyrighted property of DGAC, its subsidiaries, and affiliated companies, third party licensors, or the party credited. DGAC claims no copyright in any government or other public domain content that may be on THE SITE. All trademarks, service marks, certification marks and trade names, including but not limited to the DGAC marks, are owned by DGAC and are protected by state, federal, and international trademark law. All other trademarks appearing on THE SITE are the property of their respective owners. Except where otherwise noted, permission to use THE CONTENT (including, but not limited to, white papers, press releases, presentations, conference materials, training materials and drafts or final versions of submissions to regulatory agencies, international standards-setting bodies or other entities) from THE SITE is granted, provided that (1) none of the copyright, trademark, or other proprietary notices are removed, (2) THE CONTENT is not edited or modified in any way without prior written consent, (3) use of THE CONTENT from THE SITE is for informational and non-commercial or personal use only and may not be used in a misleading or deceptive manner, and (4) you do not reproduce or use any of THE CONTENT without express written permission, in a manner that suggests an association with any services, initiatives or other activities of DGAC. Further, you agree to abide by all additional copyright notices, information, or restrictions contained in THE CONTENT.


LINKING TO THE SITE
DGAC has no objection to links made from other sites to THE SITE, provided that you comply with the following requirements:

(1) You may not frame or alter the appearance of THE SITE.


(2) You may not state or imply that DGAC endorses, sponsors or otherwise approves your site or
any other sites.


(3) You may not use any trademarks, service marks or logos owned by DGAC without prior
written consent.


(4) In view of the dynamic nature of the Internet, and the possibility of updates and changes,
your link must enter THE SITE at its home page.


(5) You must abide by all of THE TERMS set forth herein.


THIRD PARTY CONTENT AND LINKS TO OTHER SITES


Users may be able to link from THE SITE to other Internet addresses. These other sites are not under the control of DGAC, and you acknowledge that DGAC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such sites. The inclusion of such a link does not imply endorsement of such site by DGAC or any association with its operators. Use of any information on THE SITE or obtained from linked addresses is voluntary and reliance on it should only be undertaken after an independent review. A link or reference herein to any specific commercial product, process or service by trademark name, trademark, service mark, manufacturer or otherwise does not constitute or imply endorsement, recommendation or favoring by DGAC.


USER ACCESS


User access and use of THE SITE, THE CONTENT or portions thereof may be restricted to onenatural person (“USER”) through the use of a login and password registration mechanism or similar process (collectively "USER ACCOUNT"). Every USER is responsible for maintaining the confidentiality of his/her assigned USER ACCOUNT, and are fully responsible for all activities that occur under such USER ACCOUNT. Every USER agrees to (a) prohibit and prevent the use of his/her USER ACCOUNT or access to any such restricted portions of THE CONTENT by any other person or entity; (b) immediately notify us of any unauthorized use of any USER ACCOUNT, or any breach of security; and (c) make certain to exit from restricted areas at the end of each session. DGAC will not be liable for any loss or damage arising from a USER’s failure to comply with this provision.


DGAC may change, suspend or discontinue any aspect of our online services at any time, including the availability of any feature, database, or THE CONTENT available at THE SITE. DGAC may also impose limits on certain features and services or restrict your access to all or any portion of THE SITE for any reason, including failure to abide by THE TERMS of THE AGREEMENT, without notice or liability.


NO LEGAL ADVICE


None of THE CONTENT or anything else contained on THE SITE is intended as, nor shall beconstrued as, legal advice, guidance, or interpretation. No attorney-client or other professional relationship is established between DGAC and you by your using THE SITE or THE CONTENT. Information provided on THE SITE is for general informational purposes only, and questions about any law, statute, or regulation should be directed to an attorney with expertise in the relevant area.


DISCLAIMER


THE SITE AND THE CONTENT, INCLUDING ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, TRAINING MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE IN ELECTRONIC OR OTHER FORMAT THROUGH THE SITE OR OTHERWISE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SITE AND CONTENT ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. DGAC, ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, DO NOT WARRANT THAT THE SITE AND CONTENT ARE ACCURATE, COMPLETE, RELIABLE, CORRECT, OR FREE FROM ERROR OR OMISSIONS; THAT THE SITE OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE AND CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHERMORE, DGAC, AND ON BEHALF ITS MEMBERS, SUBSIDIARIES, AFFILIATED COMPANIES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT RELATED TO THE SITES. YOUR USE OF THE SITE OR CONTENT IS SOLELY AT YOUR OWN RISK.


LIMITATION OF LIABILITY


UNDER NO CIRCUMSTANCES SHALL DGAC, ITS MEMBERS, SUBSIDIARIES, AND AFFILIATES, ITS LICENSORS, EMPLOYEES, AND THE LIKE, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR VIOLATION OF THE TERMS OR THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR THE CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DGAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, DGAC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED BUT ONLY TO THE EXTENT PERMITTED BY LAW.


INDEMNIFICATION


You agree to indemnify and hold harmless and upon request defend, DGAC, its members, subsidiaries, and affiliated companies, its licensors, employees, and the like, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of THE SITE and/or breach of THE TERMS. DGAC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DGAC in asserting any available defenses.


JURISDICTION


THE SITE is maintained by or on behalf of DGAC, located in the District of Columbia, United States of America. We make no representation that THE CONTENT is appropriate or available for use in any particular location. If you use THE SITE or THE CONTENT, you are responsible for compliance with applicable laws. By downloading or using THE CONTENT or features of THE SITE, you assume the responsibility for doing so in compliance with the law that applies in jurisdiction(s) where you are located.


INTERNATIONAL USE


DGAC makes no representation that materials on THE SITE are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access THE SITE or THE CONTENT from other locations do so on their own initiative and are responsible for compliance with local laws.


CHOICE OF LAW AND FORUM


This AGREEMENT shall be governed by and construed in accordance with the laws of the District of Columbia, United States of America. Actions brought under this AGREEMENT shall be brought in the District of Columbia. You agree and submit to the jurisdiction of such courts for the purpose of litigating any claim or action related to this AGREEMENT.


SEVERABILITY AND INTEGRATION


Unless otherwise specified herein or expressly stated on THE SITE, the terms of this AGREEMENT constitute the entire agreement between you and DGAC with respect to THE SITE and THE CONTENT supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and DGAC with respect to THE SITE. If any part of THE TERMS or terms specific to THE SITE is held invalid or unenforceable the remaining portions shall remain in full force and effect.


The section titles in THE TERMS and this AGREEMENT are for convenience only and have no legal or contractual effect.


TERMINATION


DGAC reserves the right, in its sole discretion, to terminate your access to THE SITE immediately and without notice. If you have any problems with THE TERMS or with THE SITE, your sole and exclusive remedy is to cease using THE SITE.


SURVIVAL


In the event that your access terminates as provided herein or you cease using THE SITE, THE TERMS shall survive.


CONTACT


If you have any questions regarding THE TERMS, this AGREEMENT or THE SITE, please contact info@dgac.org via email or write to us at:


Dangerous Goods Advisory Council
c/o Webmaster
7501 Greenway Center Drive, Suite 760Greenbelt, Maryland 20770
Tel: (202) 289-4550
Fax: (202) 289-4274


These Terms & Conditions were last updated on March 09, 2015.