Environmental Law Reporter

Ownership of intellectual property. The ELR® Password Protected Web site of the Environmental Law Institute® [hereinafter referred to as the "Site"] and all materials or sub-parts of it are the copyrighted property of the Environmental Law Institute® [hereinafter referred to as "ELI"] of Washington, DC and/or its third-party providers, licensors or distributors. Specifically, the Site includes the following materials, subject to addition or deletion at anytime without notice to the User:

ELR® Update
ELR® News and Analysis
ELR® State News and Analysis

None of the content or data found on this Site may be reproduced, sold, transferred, or modified without the prior express written permission of ELI and/or its third-party providers, licensors or distributors. Any reproduction of materials from the Site by an authorized user must contain all notices of ELI's copyright ownership.

The terms "ELR", "Environmental Law Reporter", "Environmental Law Institute" and "The Environmental Forum" are trade- and/or service marks belonging exclusively to ELI and may not be used except to identify or refer to those ELI materials, goods or services to which they apply. Additional trademarks belonging to third parties may also be used on this Site. ELI conveys no ownership or other rights to or in those marks to you as a user of this Site.

Age and responsibility. You represent that you are of sufficient legal age to contract or create a binding legal obligation, and you further understand and represent that you are financially responsible for any use that you or others using your access information, make of the Site.

Use of Site. ELI provides this Site exclusively as a service to subscribers to ELR® - The Environmental Law Reporter® and to other licensed users to use for reference, education and research purposes.

Limited License for Copies. ELI hereby provides a limited license to each subscriber to ELR® - The Environmental Law Reporter® and/or other specifically authorized user [hereinafter referred to as the User] to make copies of any material contained on the site as follows:

1) download, make and distribute up to fifty (50) copies of all or any portion of the materials contained on the Site on paper or similar tangible printed medium; or

2) make and transmit electronically up to fifty (50) copies, provided that all individual email addresses of those receiving the retransmitted material are located at the same physical location and further provided that all individuals receiving the retransmitted material are part of the same organization, firm, agency, corporation or entity; or

3) make and distribute up to fifty (50) copies in any combination of print or electronic media as specified in (1) and (2); or

4) post the material on the User's intranet site which can be accessed by no more than fifty (50) separate workstations or computer terminals, provided those receiving the retransmitted material are located at the same physical location (i.e., building or single facility) and that all individuals receiving the retransmitted material are part of the same organization, firm, agency, corporation or entity as the User [except for public libraries or libraries at law schools, universities, or similar post-secondary educational institutions and offices or departments within agencies of federal, state, or local government, which should contact ELI for special expanded licensing terms.]

Terms for expanded licensing arrangements, including linking individuals in other offices or in other locations, are available through the Environmental Law Institute. Contact <schang@eli.org>.

Links. No links may be added by the User to the Site without the express written permission of ELI.

Age and responsibility. You represent that you are of sufficient legal age to contract or create a binding legal obligation, and you further understand and represent that you are financially responsible for any use that you, or others using your access information, make of the Site.

No legal advice or relationship. While information on this Site includes information about legal issues, this Site does not provide legal advice and use of it does not give rise to any attorney-client relationship between the user and ELI.

Exclusion of warranty. Although ELI works to ensure the accuracy and timeliness of information provided by the Site, ELI DOES NOT WARRANT EITHER EXPRESSLY OR IMPLICITLY either on behalf of itself or any third party provider, licensor or distributor THE ACCURACY, COMPLETENESS, TIMELINESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE any of the content or data found on this Site.

Although Users may through hypertext or other computer links gain access to sites on the Internet other than the Site, ELI MAKES NO REPRESENTATION AND ASSUMES NO RESPONSIBILITY for any material outside of the ELI web Site which may be accessed through a hypertext link.

Limited liability. In no event shall ELI or any third party provider, licensor or distributor be liable for any injury, loss, claim, damage or any special, exemplary, punitive, incidental, or consequential damages of any kind, including but not limited to lost profits or lost savings whether based in contract, tort or otherwise, which arises from or is in any way connected with any use of this Site or content herein; any failure or delay in the Site or Site materials; or the performance or non-performance of ELI or any third party provider, licensor or distributor, even if such party has been advised of the possibility of such damages, or for any other party, except in such states that do not permit the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages.

If, notwithstanding the foregoing, ELI or any third party provider, licensor or distributor should be found liable for any loss or damage which arises from or is connected in any way to the Site and its described uses or content, the liability of ELI and any third party provider, licensor or distributor shall in no event exceed, in the aggregate, the subscription fee or other charges, if any, paid by you to ELI to access this Site with respect to which liability is found. ELI and any third party provider, licensor or distributor shall have no liability for the exercise of ELI's sole discretion to terminate or restrict your access to the Site.

These terms and conditions shall apply to all claims whether based on contract or tort.

Indemnification. You agree to defend and indemnify ELI and third-party provider, licensor or distributor against any claim or cause of action brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this Site or the materials contained on it.

Relationship of parties. The relationship between ELI, third party providers, licensors or distributors and you shall be that of independent contractors and neither you nor ELI shall be held or construed to be partners, joint venturers, fiduciaries, employees or agents of the other.

Assignment. You may not assign, convey, subcontract, give or donate, or delegate your rights, duties or obligations under this Agreement.

Law. This Agreement and the obligations of the parties shall be governed by the laws of the District of Columbia in the United States of America. You hereby consent and submit to the exclusive jurisdiction of the courts of District of Columbia and/or federal courts located in the District of Columbia in all questions or controversies arising from your use of the Site or otherwise under this Agreement.

Amendment or modification. This Agreement may be modified at any time by ELI and such new or modified terms and conditions as it may, in its sole discretion, impose shall take effect upon such date as ELI indicates, and your continued use of the Site will be conditioned upon your agreement to follow the terms and conditions then in force.Additional terms. Purchases of additional services or goods, including utilization of other segments of the ELI Web site, may involve additional terms and conditions, and you agree to abide by such other terms and conditions if you avail yourself of such goods or services.

Severability and entire agreement. These terms and conditions shall be deemed severable in the event any provision is found to be unenforceable, invalid or otherwise contravene public policy and the remaining provisions of the Agreement shall remain in full force and effect.

These terms and conditions contain the entire agreement between us relating to the ELI password protected Web site and supersede any prior understandings or agreements whether or not in writing regarding the subject matter and may not be amended or modified except in a writing endorsed by both parties.

Headings. Headings used in this Terms of Use Agreement are included for convenience only and do not limit or otherwise affect the terms and conditions.