PRODUCT STEWARDSHIP INSTITUTE, INC. TERMS OF SERVICE AND DISCLOSURES
The website productstewardship.us is owned and operated by the Product Stewardship Institute, Inc. (“Product Stewardship Institute,” “PSI,” “we,” “our,” or “us”), a membership-based nonprofit organization advancing policy solutions to support a circular economy. By accessing or using any of PSI’s internet properties, including without limitation www.productstewardship.us, www.psi.wildapricot.org, mobile websites, microsites, mobile applications, and PSI’s profiles on social media sites and any other digital services operated, used by, or released by PSI from time to time (collectively referred to as “PSI Sites”) you agree to comply with and be bound by these Terms of Service and the PSI Privacy Policy. Please read these Terms of Service carefully. If you do not agree to these Terms of Service or the PSI Privacy Policy, you must immediately stop using the PSI Sites.
License and Proprietary Rights. So long as you are in compliance with the Terms of Service, PSI grants you a personal, revocable, limited, non-exclusive, non-transferable license to access and use the PSI Sites on your laptop, computer, mobile device, or other internet compatible device, and make single copies or prints of the content available for your noncommercial personal use only. PSI reserves the right to bar, restrict, or suspend any users access to the PSI Sites at any time for any reason.
The content of the PSI Sites includes without limitation (i) PSI’s logos, trademarks, service marks, brand names and any other distinctive identification; and (ii) information, data, materials, documents, interfaces, computer code, databases, products, services, software applications and tools, text, images, photographs, audio and video materials, including podcasts, webinars, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, application, look and feel, and arrangement of any content contained in or available through the PSI Sites (the items identified in (i), (ii), and (iii) are collectively referred to as “PSI Content”). PSI Content is the property of PSI, its licensors, sponsors, members, partners, content providers or other third parties and is protected in all media now existing and hereafter developed, by law. The reproduction, transmission, distribution, sales, publication, broadcast, circulation, or dissemination of any PSI Content by you or by you through any other person or entity is prohibited unless express written permission in separately obtained from PSI. Any use of PSI Content without express written consent is strictly prohibited. You may not alter, delete, obscure, or conceal any copyright or other notices appearing in PSI Content, including any such notices appearing on any PSI Content.
Personal Login Information. Certain features and areas of PSI Sites are accessible only with paid members or partnership and a unique login and password. If you are required to register and select a unique login and password (“Personal Login Information”), you must keep your Personal Login Information confidential, including taking appropriate measures to maintain the confidentiality, such as logging off and closing the Internet browser, especially when you are connected to the Internet through an unsecured network or when using a public computer. Your Personal Login Information is personal to you and you may not allow any third party to use it. PSI is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact PSI immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
Privacy Policy. For information about PSI’s data protection policies and practices and PSI’s use and protection of your personal information, please read PSI’s Privacy Policy which is incorporated into and made a part of these Terms of Service.
Prohibited Uses. All rights not expressly granted under these Terms of Service are hereby reserved. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
User-Generated Content. PSI welcomes your views, comments and other communications, pictures, track back URLs, or videos on PSI Sites which may include discussion boards, blogs and other services that allow users to provide feedback, comment or content (“User- Generated Content”). By contributing User-Generated Content to any of the PSI Sites or social media profiles, users understand and acknowledge that this information is available to the public and grant PSI a nonexclusive license to display, reproduce, transmit, modify such User-Generated Content and that PSI may use the User-Generated Content for internal and external marketing purposes. You are solely responsible for the User-Generated Content you submit. If you believe any User-Generated Content infringes on your proprietary rights, contact PSI at info@productstewarship.us. PSI does not approve, endorse, or adopt any User-Generated Content, and PSI assumes no liability for any User-Generated Content submitted by you or others. You agree to indemnify PSI against all claims and liabilities resulting from User-Generated Content. Users who do not wish to have information they have made available via the PSI Sites used, published, copied and/or reprinted, should not post on the PSI Sites. Please note that other participants may use posted information beyond the control of PSI. All User-Generated Content is read at your own risk, and PSI recommends that you not rely on the information or advice in any of these postings.
PSI retains the right to remove any content for any reason, including but not limited to, content that it deems threatening, demeaning, profane, obscene, a violation of intellectual property rights or privacy laws, off-topic, commercial or promotion of organizations or programs, or otherwise injurious or illegal. PSI also retains the right to ban or block a user from posting on PSI social media profiles without notice for a pattern of inappropriate postings or as it deems necessary.
You acknowledge, consent and agree that PSI may access, preserve and disclose your account information and the User-Generated Content you have posted if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in the sole opinion of PSI to: (a) comply with legal process; (b) enforce this Terms of Use; (c) respond to claims that any User-Generated Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of PSI, its Members and Partners, its Users and the public.
Links to Websites, Content, Sharing of Content. Links posted by third parties to PSI Sites and/or PSI Content may not use the PSI logo and shall not suggest that PSI promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, websites, content, or information. Any links to any portion of PSI Sites shall be the responsibility of the linking party. PSI reserves the right to require any linking party to disable or remove any link that violates PSI’s policies, rights, or causes interruption or deterioration of PSI Content.
Advertisers. PSI Sites including social media profiles on social media platforms may contain advertisements. The inclusion of advertisements on the PSI Sites does not imply endorsement of the advertised products or services. PSI shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the PSI Sites. Further, PSI shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the PSI Sites. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
Third-Party Links. Certain content available via the PSI Sites may include materials from third parties. Third-party links on the PSI Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Disclaimer of Warranties and Limitation of Liability. You expressly acknowledge and agree that the PSI Sites and PSI Content are provided strictly on an “as is” and on an “as available” basis without express or implied statutory or other warranties of any kind, including but not limited to warranties of title, or implied warranties of merchantability or fitness for a particular purpose, except for those warranties which are incapable of exclusion, restriction, or modification under applicable law. Neither PSI nor any of its subsidiaries, affiliates, members, partners, officers, directors, interns and employees, licensors, or service providers warrants that the services, content or website will be accurate, complete, uninterrupted, without error, or free of viruses, worms or other harmful components. PSI makes no warranties or representations as to the accuracy, quality, reliability, suitability, completeness, legality, truthfulness, usefulness, effectiveness, or timeliness of the Services, PSI Sites, or PSI Content. Use of the website, services or content is entirely at your own risk and PSI assumes no liability or responsibility therefor. Neither PSI nor any of its subsidiaries, affiliates, members, partners, officers, directors, interns and employees, licensors, or service providers shall be liable, to the maximum allowed by applicable law, for any direct, indirect, incidental, special, consequential or punitive damages arising out of or related to the services, content or website including, without limitation, relating to your reliance upon, use or inability to use the services, content or website, or any errors or defects therein or any losses, damages or injuries resulting therefrom. Neither PSI nor any of its subsidiaries, affiliates, members, partners, officers, directors, interns and employees, licensors, or service providers shall be liable, under any circumstances, for any damages resulting from accessing, altering, or destroying PSI Content; or damages from loss of business, profits or business opportunities. If you are dissatisfied with any aspect of the PSI Sites, PSI Content, or PSI Services your sole and exclusive remedy is to discontinue using the website.
Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless PSI and its subsidiaries, affiliates, members, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from and against all claims arising from or in any way related to your use of the PSI Sites and/or PSI Content, a violation by you of the PSI Terms of Service, or any other actions connected with your use of the PSI Sites and/or PSI Content, including any liability or expenses, losses, damages (actual and consequential), suites, judgments, litigation costs and attorneys fees. PSI will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to PSI other than under this Section.
Resolution of Disputes and Governing Law. In the event of any dispute or controversy between the Client and PSI, which the Client and PSI are unable to resolve through direct negotiation, either party may serve upon the other party a request for mediation. Neither party may initiate an arbitration proceeding against the other party unless and until the party seeking to initiate such arbitration has first requested a mediation hearing and made a good faith effort to complete the mediation process provided in this Agreement, unless the initiation of such proceeding is necessary to preserve such party’s rights in light of any applicable statute of limitations. The Client and PSI shall mutually agree upon a neutral, independent person with experience in mediation (a “Qualified Mediator”) to act as mediator. If the parties are unable to agree upon a Qualified Mediator within thirty (30) days after the request for mediation is given, the dispute or controversy shall be determined or settled by arbitration. The parties shall equally bear the costs incurred in connection with the mediation. The parties shall maintain the mediation proceedings in confidence and shall not disclose to third parties the statements made therein by the other party or the mediator. If a party has participated in good faith in a mediation and is dissatisfied with the outcome, that party may then file an arbitration proceeding in accordance with the following paragraph.
In the event that there is a dispute or controversy between the Client and PSI, upon the consent of both parties, such dispute or controversy shall be determined and settled by arbitration before a single arbitrator, and pursuant to the Rules of the American Arbitration Association for resolution of commercial disputes. Any award rendered therein shall be final and binding and judgment may be entered thereon in any court of appropriate jurisdiction. All costs and expenses of such arbitration, including reasonable attorney’s fees, shall be allocated among the parties according to the arbitrator’s discretion. The Client and PSI hereby consent to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts for all purposes relating to this Section 8, including but not limited to the appointment of an arbitrator in the event a party fails to cooperate with such appointment and the enforcement of any award of the arbitrator.
Term and Termination. These Terms of Service will take effect at the time you begin using the PSI Sites. PSI reserves the right, with or without notice, at any time, and for any reason to deny you access to the PSI Sites or to any portion thereof, and to terminate these Terms of Services. These Terms of Service will terminate automatically if you fail to comply with the terms set forth herein. You may terminate these Terms of Service at any time by ceasing to use the PSI Sites, but all applicable provisions of these Terms of Service will survive such termination. Upon termination, you must destroy all copies of any portion of the PSI Sites, including any PSI Content, in your possession.
Complete Agreement. The failure of PSI to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on the PSI Sites or in respect to PSI Services constitutes the entire agreement and understanding between you and us and govern your use of the PSI Sites, Services, and Content superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Social Media Disclaimer. PSI provides opportunities for user interaction within its PSI Sites and on social media profiles on sites such as Facebook, Twitter, LinkedIn, Instagram, our blog, and discussion boards. On those social media accounts, content and links to other Internet sites should not be construed as an endorsement of the organizations, entities, views, or content contained therein. PSI is not responsible for content or links posted by others.
Contact Information. If you have any questions or concerns regarding these Terms of Service or the PSI Sites, please contact info@productstweardship.us.