General Site Restrictions, Prohibited Uses and User Conduct
You are prohibited from and agree, You will undertake no efforts or actions in furtherance of:
- uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site that is unlawful, harmful, threatening, confidential, proprietary, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, libelous, invasive of another's privacy, hateful, or racially, religiously, ethnically or otherwise objectionable or any content that EPRI in its sole and absolute discretion does not wish uploaded, posted, emailed, transmitted, distributed, stored or otherwise made available through or to the Site;
- impersonating any natural or legal person, including but not limited to, EPRI employees and employees or agents of any third parties; forging headers or otherwise manipulating identifiers in order to disguise the origin of any content; or otherwise misrepresenting Your identify of affiliation in any way;
- uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site that You do not have a right to make available under any law or under any contractual or fiduciary relationship (for example, proprietary and confidential information);
- uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any content through or to the Site in a manner that will infringe or otherwise violate the copyright, trademark, trade secret, confidentiality, nondisclosure, patent or other intellectual property or proprietary rights of others and/or violate the privacy, publicity or other personal rights of others;
- uploading, posting, emailing, transmitting, distributing, storing or otherwise making available any material through or to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment or facility;
- using the Site in any manner to provide material support or resources to (or to conceal or disguise the nature, location, source or ownership of material support or resources of) any organization(s) designated by the United States government as a foreign terrorist organization pursuant to Section 219 of the Immigration and Nationality Act or any successor law(s) thereto;
- using the Site to intentionally or unintentionally violate any applicable local, state, regional, national or international law, and any regulations having the force of law;
- using the Site to "stalk" or otherwise harass another; and/or
- collecting and/or storing personal data about other Users in connection with the prohibited conduct or activities described in the above-numbered paragraphs.
You are prohibited from and agree You will undertake no efforts or actions in furtherance of violating or attempting to violate the security of any portion of the Site, including, without limitation, security violations such as the following:
- accessing or attempting to access data, information or services to which You have not been granted access or are not otherwise intended for You or Your use;
- logging into or attempting to log into a server or account to which You are not authorized to access;
- attempting to probe, scan or test the vulnerability of any system or network associated with the Site or to breach security or authentication measures of any system or network associated with the Site, without proper prior written authorization, by any means, including, tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures;
- attempting in any manner to interfere with service to any User, host or network associated with the Site, including, without limitation, via means of a submitting a virus, Trojan horses, worms, time bombs, cancel bots, corrupted or other computer programming routines or engines to any portion of the Site, overloading, flooding, spamming, mail bombing or crashing, or otherwise engaging in any conduct that could damage, disrupt or otherwise impair or interfere with a computer's function or the operation of the Site; and/or
- forging or fraudulently displaying any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
You are prohibited from and agree You will undertake no efforts or actions in furtherance of sending unsolicited mail or email, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of commercial products or services to any User of the Site. You understand and agree that EPRI (or any designated agent thereof) may investigate occurrences which may involve any of such prohibited or impermissible activities and may involve, and cooperate with, law enforcement authorities in prosecuting Users and others who are involved in such violations.
User Generated Content and Submissions
Links to Other/Third-Party Web Sites
Access to and use of Site Content and any other intellectual property or technology made available on or through the Site is granted with the specific understanding and requirement that responsibility for ensuring full compliance with all applicable U.S. and foreign export laws and regulations is being undertaken by You and Your company/organization. This includes an obligation to ensure that any individual receiving access hereunder who is not a U.S. citizen or permanent U.S. resident is permitted access under applicable U.S. and foreign export laws and regulations. In the event you are not certain whether You may lawfully obtain access to particular Site Content or other intellectual property or technology made available on or through the Site, You acknowledge and agree that it is Your obligation to consult with Your company's/organization's legal counsel to determine whether such access is lawful. You acknowledge and agree that any assessment of relevant export classification provided is solely for informational purposes and should not under any circumstances be relied upon. You acknowledge that it is still Your obligation to make Your own assessment of the applicable export classification and ensure compliance accordingly. In all cases, Site Content or other intellectual property or technology made available on or through the Site may not be downloaded or otherwise re-exported (i) into, by or to a national or resident of any county to which the United States embargoes or sanctions goods, services or technology; or (ii) to anyone on the U.S. Treasury Department's Table of Denial Orders or for advancing any purpose prohibited by U.S. law, including without limitation proliferation or development of nuclear, chemical or biologic weapons or for terrorist or criminal activities. By downloading or using any particular Site Content or other intellectual property or technology made available on or through the Site, You represent and warrant that You are not located in, under the control of, or a national or resident or any such country on any such list, or that you seek to advance any such prohibited purpose.
Registration, Passwords and User Information
You are responsible for all uses of Your Site registrations, user identifications and passwords, whether or not authorized by You, and are responsible for maintaining and protecting the confidentiality of Your passwords. You agree to immediately notify EPRI of any unauthorized use of Your user identifications, passwords or registration.
Limitations on EPRI's Liability; Disclaimers
To the greatest extent permitted under applicable law, under no circumstances, including, but not limited to, negligence, shall EPRI be liable for any exemplary, punitive, special or consequential damages that result from the use or, or the inability to use, the materials made available on and through the Site, even if EPRI or an authorized representative thereof has been informed of the possibility of such damages.
THE MATERIALS PROVIDED ON AND THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EPRI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR WARRANTIES AS TO NONINFRINGEMENT. EPRI DOES NOT WARRANT THAT THE SITE OR ANY PORTION THEREOF WILL OPERATE ERROR-FREE OR THAT ANY PORTION OF THE SITE AND ITS SERVICES ARE FREE OF COMPUTER VIRUSES OF OTHER HARMFUL MECHANISMS. If Your use of the Site or Site Content results in the need for servicing or repairing equipment or data, EPRI is not responsible for those costs.
Certain Written Agreements will Supersede these Terms and Conditions
Last updated: July 2008