By using the Fight Germs Now web site, http://www.fightgermsnow.com/index.php, you agree at all times during your use to abide by these Terms and Conditions and any additions or amendments. Please read these Terms and Conditions carefully. American Cleaning Institute (ACI) and the Personal Care Products Council (Council) (or sometimes collectively referred to as us or we) reserves the right, in its sole and absolute discretion, to change, modify, add or remove portions of these Terms and Conditions at any time without notice. Your use of the site constitutes your agreement to these terms. In addition, when using this site or a service of this site, 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.
ACI and the Council maintain this web site as a service to the public and its members. The design of this site and information contained within the site are the proprietary property of the ACI and the Council and protected by copyright, trademark and other intellectual property law. The selection, arrangement and design of the entire contents of this site, as well as its original content, are the property of ACI and the Council. Other product and company names mentioned in this site are the trademarks or service marks of their respective owners. Other content posted on this site is the copyrighted work of the author or owner.
You are granted a nonexclusive, nontransferable, limited and revocable right to access, use, display and navigate this web site solely for your personal, non-public use. You are also granted a limited and revocable license to print copies of any content accessible from this web site, but solely for your personal, non-public use. Except where otherwise noted, permission to use content (such as white papers, press releases, datasheets, and FAQs) from the ACI or the Council’s web sites 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 ACI’s or the Council’s prior written consent, (3) use of the content is for informational and non-commercial or personal use only and is not to be used in a misleading or deceptive manner, and (4) you do not use any content, without express written permission, in a manner that suggests an association with ACI, the Council or any of their members, services, initiatives or other activities. Further, you agree to abide by all additional copyright notices, information or restrictions contained in any content on the site.
ACI and the Council respect the intellectual property of others, and we ask our visitors to do the same. We may, in appropriate circumstances and at its discretion, terminate access to a visitor 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 ACI or Council sites in a way that constitutes copyright infringement, please notify ACI and the Council by providing its Designated Agent with the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
- identification of the copyrighted work(s) that you claim has been infringed;
- identification of where the material that you claim is infringing is located on the ACI or Council sites;
- your address, telephone number and e-mail address;
- a statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by you, made under penalty of perjury, that the above information is accurate and that you are authorized to act on the copyright owner’s behalf.
ACI and Council’s Designated Agent for notice of claims of copyright infringement is:
American Cleaning Institute
1331 L Street NW, Suite 650
Washington, DC 20005
ACI AND THE COUNCIL DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. THIS WEB SITE IS MADE AVAILABLE “AS IS” AND “AS AVAILABLE” 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 AT THE SITE AND WITHOUT ANY REPRESENTATIONS OR GUARANTEES. IN ADDITION, ACI AND THE COUNCIL MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THIS WEB SITE AND ITS CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR USE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEB SITE, BUT MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, INTEGRITY, RELIABILITY AND COMPLETENESS OF THE INFORMATION PROVIDED. ANYONE USING THIS SITE 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, THE COUNCIL 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 SITE OR OTHER SITES OWNED OR CONTROLLED BY ACI OR THE COUNCIL OR YOUR RELIANCE ON THE INFORMATION ON THE SITE.
While we have systems in place to minimize the risk of transmitting computer viruses, we disclaim all liability for computer viruses or other disabling computer code that you may inadvertently acquire when you download information from this site. You are advised to obtain and use appropriate anti-virus and security software. These Terms and Conditions do not create a confidential relationship between you and us. We have no liability whatsoever for the results of submissions of information or requests to this site or by means of this site. We reserve the right to change the products and services referred to in this site, to discontinue this site and to change these Terms and Conditions at any time.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ACI, THE COUNCIL, ITS MEMBERS, CONTENT PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (“REPRESENTATIVES”) BE 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, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ITS CONTENTS, EVEN IF ACI, THE COUNCIL OR AN ACI- OR COUNCIL-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 OR COUNCIL’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100).
Your access and use privileges of this web site and its content are conditioned upon your adherence to these Terms and Conditions. ACI and the Council have the right to deny you access and use of this web site and its content and to remove any submissions if you violate (as ACI or the Council may determine in its sole and absolute discretion) any provision of these Terms and Conditions. ACI and the Council reserve 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, the Council and their 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 web site or any of its 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.
Clicking on certain links within this site will cause you to leave the FightGermsNow’s site. The linked sites are not under the control of ACI or the Council, and ACI and the Council are not responsible for the accuracy of content on any linked site or any link contained in a linked site. ACI and the Council are providing these links to you only as a convenience. ACI and the Council make no representation or warranty concerning the accuracy or the content of the sites to which it provides links. The fact that ACI provides links does not constitute its endorsement of any of these sites. ACI and the Council are under no obligation to maintain any link and may remove a link at any time in its sole discretion for any reason whatsoever.
Changes to these Terms and Conditions
We reserve the right to change these Terms and Conditions from time to time. When we do, we will also revise the “last revised” date at the bottom of these Terms and Conditions.
These Terms and Conditions are intended as guidelines and 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 and the Council reserve 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.
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 web site 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. If any provision of these Terms and Conditions are found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
These Terms and Conditions contain the entire agreement between you and us regarding the use of the FightGermsNow web site and its content and supersede any and all other agreements between us with respect to matters in these Terms and Conditions.
No waiver of any provisions in these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision.
Last revised: April 19, 2011