Last Updated: 26 Aug. 2008
Welcome to EPEAT’s website located at www.epeat.net (the “Site”). The Site is owned and operated by EPEAT (“EPEAT, “we” or “us”). EPEAT is a program designed to help purchasers identify environmentally preferable electronic products. EPEAT maintains on its Site a searchable web-based list (“Registry”) of products that are declared by their manufacturers as meeting specific environmental criteria and offers other services related thereto (“Services”). Based on the manufacturer’s declarations to specific criteria individual products are registered as EPEAT Bronze, EPEAT Silver or EPEAT Gold.
1. YOUR ACCEPTANCE
1.2. Other Agreements. These Terms incorporate by reference all other EPEAT policies, rules, guidelines, terms and conditions (“Agreements”) on the Site. You agree to comply with all such Agreements when you agree to comply with the Terms. We therefore encourage you to read the Agreements, if you have not done so already, before agreeing to comply with the Terms. In the event of a conflict between these Terms and specific terms of other Agreements you may have with EPEAT, the terms of such other Agreements shall control to the extent necessary to eliminate such conflict. All other terms shall be governed by this Agreement.
All of the content on the Site including, without limitation text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, sounds, music, artwork and computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content (“Content”), is owned by EPEAT, its subscribers, vendors, partners or agents. All elements of the Site including, without limitation the general design and the Content, are protected by copyright, trademark, trade dress, moral rights or other intellectual property regimes. The Services and the Site may only be used for the intended purpose for which such Site and Services are being made available. Except as may be expressly set forth on the Site or in other agreements, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from any Content. Except as may be expressly set forth on the Site, you may only view, play, print, and download Content on the Site for your own personal, informational and noncommercial purposes only. As between you and EPEAT, the Site and the Content will remain the exclusive property of EPEAT and you will remove no copyright, trademark, or other proprietary notices from material found on the Site, unless otherwise expressly agreed in writing between you and us.
3. REGISTRY and services
3.1. Generally. The Registry lists products that have been declared by their manufacturers to conform with environmental performance criteria contained in standards issued by The Institute of Electrical and Electronics Engineers, Incorporated (“IEEE”) as IEEE 1680 American National Standard for the Environmental Assessment of Electronic Products and subsidiary standards. EPEAT also operates a verification program to assure the credibility of the Registry. All features, content, specifications, products and services listed on this Site are subject to change at any time without notice. Although EPEAT subscribing manufacturers are instructed to declare products in EPEAT only when they are commercially available, EPEAT does not warrant that these products will be available to the public at any time.
3.2. Accuracy of Information. Although information provided on the Site and via the Services is provided solely as a convenience to you, EPEAT makes commercially reasonable efforts to ensure the information on our Site is complete, accurate and current. Despite these efforts, the information on the Site occasionally may be inaccurate, incomplete or out of date. EPEAT makes no representation that the information on its Site is complete, accurate or current. You should not rely on such information in situations where its inaccuracy would cause you to suffer any loss (see Disclaimers and Limitation of Liability below).
3.3. No Agency; No Endorsement. EPEAT does not sell, resell or license any products listed on the EPEAT Registry, nor is EPEAT acting as an agent of any such sale. EPEAT disclaims any responsibility for, or liability related to, such products (see Disclaimers below). Any question, complaints or claims should be directed to the appropriate merchant, seller, or manufacturer. The Content is provided for informational purposes only and does not constitute an endorsement by EPEAT of any product, manufacturer or service.
3.4. Not Legal Advice. EPEAT offers the Content as a convenience to you and nothing contained on the Site is intended as constituting legal, regulatory, or business advice. No information provided herein should be used as a substitute for the advice of competent counsel or regulatory or business consultants.
4. LIMITATIONS TO THESE TERMS
The Site and Services may contain links to third-party websites that EPEAT does not own or control.All such links are provided solely as a convenience to you. EPEAT has no control over, and assumes no responsibility for, the content, products, services, policies, or practices of any third-party websites. EPEAT does not endorse, guarantee, or make any representations or warranties regarding any other websites. By using the Site and Services, you expressly relieve EPEAT from any and all liability arising from your use of any third-party website.
6.2. Effects of Termination. Upon any such termination, your rights to access and use the Site and Services will automatically terminate.
7. LINKING You will not create or maintain any link from another Web site to any page on this Site without our prior written permission. You will not run or display this Site or any information or material displayed on this Site in frames or through similar means on another Web site without our prior written permission. Any permitted links to this Site must comply will all applicable laws, rule and regulations. If you want to obtain permission to maintain a link, contact us by clicking here.
8. ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site. In order to help parties accurately identify EPEAT registered products in catalogs, web sites, and other materials EPEAT maintains a web service data feed from the EPEAT registry. If you want to obtain access to this web service contact us by clicking here.
9. INAPPROPRIATE MATERIAL You will not post or send any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You will not send unsolicited email advertisements to any user of the Site or through the Site. In addition to any remedies that we may have at law or in equity, and without limiting our rights in Section 6 above, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
10. DIGITAL MILLENNIUM COPYRIGHT ACT
EPEAT respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to notices of alleged copyright infringement that are duly reported to our Designated Copyright Agent identified in the notice below. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Designated Copyright Agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
EPEAT’s designated Copyright Agent to receive notifications of claimed infringement is the Executive Director of EPEAT Inc. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
We may give notice to our Users of any infringement notice by means of a general notice on any of our websites, electronic mail to a User’s e-mail address in our records, or by written communication sent by first-class mail to a User’s physical address in our records. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
YOU AGREE THAT YOUR USE OF THE SITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW: THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. EPEAT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE SITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE USE OR OPERATION. EPEAT ASSUMES NO LIABILITY OR Responsibility FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY PRODUCTS LISTED ON OR PURCHASED AS A RESULT OF INFORMATION PROVIDED THROUGH THE SITE OR SERVICES; (III) ANY acts, omissions and conduct of any Users, advertisers and/or other parties referenced on or through the site or Services; (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF EPEAT SERVERS AND/OR; (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; OR (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE OR SERVICES. EPEAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES LISTED ON THE SITE. EPEAT DOES NOT GUARANTEE THE ACCURACY OF THE DECLARATIONS OR THE RATINGS OR THE SERVICES OR THAT THE RATINGS OR SERVICES WILL BE SUITABLE FOR ANY PARTICULAR USE. EPEAT MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. EPEAT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
12. LIMITATION OF LIABILITY
EPEAT assumes no responsibility, Nor will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Site, or your downloading of any information or materials from this Site. IN NO EVENT WILL COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY SITES LINKED TO THIS SITE, OR THE CONTENT, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Your sole and exclusive remedy from any use of, or inability to use the website, services, content or products, shall be for you to discontinue use of the site and Services. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED AFTER REVIEWING CONTENT ON EPEAT’S SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY. IN NO EVENT SHALL EPEAT’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED FIFTY DOLLARS ($50.00).