Initial User Agreement

WELCOME TO TSCA COMPLIANCE ONLINE™!!

TERMS AND CONDITIONS

IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS USER AGREEMENT CAREFULLY BEFORE USING TSCA COMPLIANCE ONLINE™ (THE "SERVICE"). ENVIRONMENT BOOKS, INC. ("ENVIRONMENT BOOKS") IS WILLING TO ALLOW YOU TO USE THE SERVICE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND ENVIRONMENT BOOKS. BY CLICKING ON THE "ACCEPT" BUTTON, AND/OR USING THE SERVICE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, CLICK ON THE "I DO NOT AGREE" BUTTON AND MAKE NO USE OF THE SERVICE.

  1. Your Right to Access the Service

As a user of the Service you have the right to use your Username and Password to access the Service an unlimited number of times for unlimited durations during your subscription period. We will notify you when your subscription period is about to expire so that you may decide whether to continue your access to the Service.

  1. Your Right to Print Documents; Copyright Notices Must Be Retained; Re-Distribution; Other Persons Desiring Access May Register To Use This Service (See also 5 below).

You have the right to print any page(s) or document(s) that are on the Website or on the Service at any time during your subscription period for your personal use and to show others within your organization such printed page(s) and document(s). (For limitations on Re-Distribution and multiple copies see the paragraphs immediately below.) With respect to such printing any copyright notice that is included on or within any such page(s) or document(s) shall not be removed or altered in any way by you or by anyone under your supervision or control.

Any reproduction of a page or document that has been printed from the Website or the Service for purposes of distribution, and the printing of multiple copies for purposes of distribution, is not allowed without prior written permission from Environment Books. As used in this paragraph "reproduction" means reproduction or duplication in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including xerography, photocopying, and recording.

Re-Distribution by any means of any page or document from the Website or the Service is not allowed without prior written permission from Environment Books. As used in this paragraph "Re-Distribution" means distribution, forwarding, sending, or disseminating pages or documents (or methods of access to pages or documents) by any electronic, mechanical, or other means, now known or hereafter invented, including email (electronic mail), fax, electronic media such as floppy disks, CD ROM or magnetic tape, United States or foreign postal service, courier service, and any other method of sending information.

Persons other than yourself who desire access to the Website and to the information on the Service may register to use the Website and Service at any time. Any registered user of the Website and Service may register any other person within his or her organization at any time for unlimited access to the Website and Service on an annual basis. See the "Register Additional Users" feature on the Main Menu of the Website for further information.

  1. Service Interruptions

As with any Website and Internet service, this Website and Service may be subject to maintenance, updating, addition of features, or other events that may result in the Website and Service being partially or wholly unavailable for periods of time. Such events may be planned such as updating of regulations or other files, or may be unplanned and of an unforeseen nature.

  1. Copyrights, Trademarks and Other Intellectual Property

The Website (www.ComplyWithTSCA.com/TSCAonline) that contains the Service, the Service itself, and numerous text documents, data, graphic images and other non-text based materials that are part of the Website and/or of the Service, are copyrighted works of Environment Books. The Website and Service each contain registered and unregistered trademarks that are the property of Environment Books. All rights are reserved with respect to all such copyrighted material and trademarks.

Copyright is not claimed with respect to any document produced by a government officer or employee as part of that person's official duties ("government documents"). However, the formatting, searchability features, hyperlink features, and certain other proprietary aspects of such government documents that are a part of the Service and/or the way such documents are displayed, are subject to intellectual property protection, including but not limited to copyright protection. All rights are reserved with respect to such rights and protections.

Certain copyrights and trademarks on the Website and/or Service are the properties of other entities. Nothing in these Terms and Conditions, and nothing with respect to the display of any document or trademark, is intended to or shall be construed to violate or infringe upon any patent, trademark, copyright or other intellectual property owned by anyone.

  1. Your Username and Password May Be Used Only By You; Additional Users May Register to Use the Service.

Considerable time, effort and expense have been involved in and expended in creating the Website and the Service. Your right to use your Username and Password combination to access the Website and the Service is personal to you; no other person is allowed to use your combination of Username and Password to access the Website or the Service. Other persons in your organization may register to use the Service at any time. See the "Register Additional Users" feature on the Main Menu of the Website for further information. Guard your Username and Password combination so that no one except you can use it to access the Website or Service. To help you in this endeavor, you may change your Password at any time by selecting the "Change Your Password" feature on the Main Menu. Any instance of another individual using your Username and Password combination to access the Website or the Service is a violation of these Terms and Conditions.

  1. Re-sale is Not Allowed

Any reproduction, distribution or retransmission of any document on the Website or Service for sale is prohibited.

  1. Limited Warranty

Environment Books warrants that the Service will be free from defects for a period of thirty (30) days from your first date of access to the Service. After thirty (30) days the above warranty expires, and no warranties or guarantees of any kind exist. NO CLAIMS OF ANY KIND, OF ANY NATURE WHATSOEVER, CAN BE MADE AFTER 30 DAYS FOLOWING YOUR FIRST DATE OF ACCESS TO THE SERVICE. Your sole remedy in the event of a breach of the 30-day warranty will be that Environment Books will, at its option, correct any defect in the Service within the warranty period or refund the money that you paid for access to the Website and the Service. Environment Books does not warrant that the Website or the Service will meet your requirements or that operation of the Website or Service will be uninterrupted or that the Website or Service will be error-free.

THE ABOVE WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

Any document or software on the Website or on the Service may contain errors or omissions or inaccuracies, such as typographical or substantive errors, programming errors, or technical inaccuracies. Such errors, omissions or inaccuracies may be of minor or major nature and/or minor or major consequence. Also, government documents on the Service may contain errors or omissions made by the United States Environmental Protection Agency ("USEPA"), the United States Customs Service, or other agencies or entities of the United States government, its officers and/or employees.

THE USE OF AND/OR RELIANCE UPON THE WEBSITE AND/OR THE SERVICE IS AT THE USER'S RISK. NEITHER ENVIRONMENT BOOKS, ITS DIRECTOR(S), OFFICER(S), SHAREHOLDER(S) OR ANY OTHER PERSON OR ENTITY SHALL BE LIABLE FOR ANY ACTION TAKEN IN RELIANCE ON ANY INFORMATION THAT APPEARS ON THE WEBSITE OR THAT APPEARS ON THE SERVICE OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES RESULTING FROM THE USE OF THE WEBSITE AND/OR THE SERVICE.

Any person who unlawfully accesses, downloads, or distributes materials from the Website and/or from the Service, or who otherwise engages in unlawful activities, shall have the liability for any damages.

USERS OF THE WEBSITE AND/OR THE SERVICE SHALL NOT SEEK TO RECOVER, NOR SHALL THEY RECOVER, DAMAGES FOR LOST DATA, USE, PROFITS, SAVINGS, FINES, PENALTIES, OR GOODWILL THAT RESULT IN ANY WAY FROM USE OF, RELIANCE UPON, OR INABILITY TO USE OR RELY UPON, THE WEBSITE, THE SERVICE, ANY DOCUMENTS ON THE SERVICE, THE SOFTWARE ON THE WEBSITE OR ON THE SERVICE, OR ANY COMBINATION THEREOF.

  1. Guidance Cannot Anticipate Every Circumstance That May Require Compliance

This Service contains many but not all of the guidance documents that have been published by the USEPA with respect to compliance with the Toxic Substances Control Act ("TSCA"). Although compliance guidance documents will be added to TSCA COMPLIANCE ONLINE™ from time to time, always consult the USEPA to determine if other compliance guidance exists. Also, because compliance guidance of any kind (including the Explanatory Texts contained as part of this Service) cannot anticipate every circumstance that may require compliance with TSCA, it is recommended that you consult legal counsel with respect to any activity that you believe might come within the coverage of TSCA.

  1. The Website and Service Do Not Provide Legal Advice.

Environment Books is not engaged in rendering legal advice, and no such advice is offered or intended as part of the Website or Service. If legal advice or legal counsel is required, the services of an attorney should be sought.

  1. Privacy Policy

Environment Books may collect and use information and/or data in compliance with our Privacy Policy[INCLUDE LINK], which is incorporated herein by reference.

  1. Jurisdiction

This Agreement or any dispute arising from this Agreement is governed by the laws of the Commonwealth of Pennsylvania, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Eastern District of Pennsylvania or any Commonwealth court sitting in Philadelphia County, Pennsylvania, and you hereby consent to the jurisdiction of any such court.

  1. Severability

If any provision is found to be invalid, the remaining provisions will be in full force and effect.

  1. Third-Party Websites

Environment Books may provide links and pointers to Internet sites maintained by third parties. Neither Environment Books, its parent or subsidiary companies nor their affiliates, operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Environment Books disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Environment Books does not warrant or make any representations regarding the use or the results of the use of the materials in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Environment Books) assume the entire cost of all necessary maintenance, repair or correction that may result from using third-party websites.

  1. Agreement to the Above Terms and Conditions.

The use of the Website and/or of the Service constitutes acceptance of the above Terms and Conditions. You should not use this Website or TSCA COMPLIANCE ONLINE™ (the "Service") if you do not wish to engage in the above agreement about Terms and Conditions. Agreement to the above terms and conditions binds both You, as the individual person registered for to use the Service, and the account created for Your use of the Service. In the event that a third-party is given or gains access to the Service through Your account, these Terms and Conditions remain in full force as to that party and their use of the Service.

  1. Termination

This agreement is effective until either terminated by Environment Books, which may terminate at any time without notice, or the expiration of Your subscription. In the event of termination, the terms contained in paragraphs 7 and 11 shall survive.

  1. Entire Agreement

This Agreement constitutes Your entire Agreement with Environment Book with respect to the Service.