TERMS OF USE

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Terms of Use

Effective as of September 2007

The Diesel Technology Forum website located at www.dieselforum.org (the "Site") is provided by the Diesel Technology Forum ("DTF," "we," "us," or "our"). The following terms of use ("Terms") apply to your use of this Site. By accessing, browsing or otherwise using this Site, you acknowledge that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws and regulations. If you do not agree to all these Terms, you may not access, browse or otherwise use this Site.

We may modify these Terms from time to time and such modifications shall be effective upon posting by DTF on the Site. You agree to be bound to any changes to these Terms when you use the Site or DTF services after any such modification is posted. It is therefore important that you review these Terms regularly to ensure you are aware of any changes. When these Terms are revised, we will also revise the "last updated" date at the end of these Terms.

Please read our Privacy Policy, which is incorporated herein by reference. By using this Site, you agree to be legally bound by our Privacy Policy, which discusses and governs our collection and use of any information you submit to us through this Site.

DTF reserves the right, in its sole discretion, to reject, refuse to post or to remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Site at any time, for any or no reason, with or without prior notice, and without liability.

Comments by Users are not Endorsed by DTF

DTF does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted by users on this Site. Nor does DTF make any warranties with respect to any user comments, opinions or statements posted on this Site. Any information or material posted on this Site by users, including advice and opinions, are the views and responsibility of those individuals who post the statements and do not necessarily represent the views of DTF.

Your Use of the DTF Site

Your use of the Site is solely for your personal use, and you shall not authorize others to use your account, including your registered profile or email address. You are solely responsible for all Content (as defined below) published or displayed through your account, including any email messages and postings, and for your interactions with other users of the Site. Illegal and/or unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized linking to the Site will be subject to investigation. Commercial advertisements, affiliate links, and other forms of solicitation posted by a user may be removed without notice and may result in termination of Site access. Appropriate legal action will be taken by DTF for any illegal or unauthorized use of the Site.

Proprietary Rights of DTF

DTF owns and retains all proprietary rights in and to the Site and all Content on the Site. The Site contain copyrighted material, trademarks, and other proprietary information of DTF. Except for that information which is in the public domain or for which you have been given written permission by DTF, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Content Posted on the Site

You understand and agree that DTF may review and delete any content, postings or messages (collectively, "Content"), that in the sole judgment of DTF, violates these Terms or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Site user.

You are solely responsible for the Content that you publish, display or post on the Site or any material or information that you transmit to other Site users.

With respect to any Content that you post on the Site, you represent and warrant that (i) you own the Content, (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person, and (iii) you agree to pay for all royalties and fees owing any person by reason of any Content you post on the Site.

Site users may not post prohibited Content on the Site. DTF reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including, but not limited to, removing the offending Content from the Site and/or blocking access to the Site. Prohibited Content includes, but is not limited to, Content that:

  • is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • promotes an illegal or unauthorized copy of another person's copyrighted work;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, or advertising.

You must use the Site in a manner consistent with any and all applicable laws and regulations.

Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owners of such proprietary rights. DTF may, in appropriate circumstances and at its sole discretion, suspend or terminate user access to the Site and take other actions against any user who infringes the copyright rights of others.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, or that the Site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify DTF by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below.

A physical or electronic signature of 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 DTF, or its third party service providers, to locate the material;
Information reasonably sufficient to permit DTF, or its third party service providers, to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Copyright Agent:

Kristen Gifford - Director, Communications
Diesel Technology Forum
5291 Corporate Drive
Suite 102
Frederick, MD 21703
301-668-7230
301-668-7234
kgifford@dieselforum.org

Note: Only copyright complaints should be sent to the Copyright Agent identified above. No other communications will be accepted or responded to.

For communications on other matters, please email: dtf@dieselforum.org.

License to Your Content

You hereby grant to DTF a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display, in whole or in part, any message you post on the Site and/or any email sent by you to DTF and/or to incorporate it in other works in any form, media or technology now known or later developed.

Site User Disputes

You are solely responsible for your interactions with other Site users. DTF reserves the right, but has no obligation, to monitor disputes between you and other Site users.

Privacy

DTF is committed to protecting your privacy. Please see our Privacy Policy for details.

Disclaimers

DTF is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the Site, whether caused by Site users, or by any of the equipment or programming associated with or utilized by the Site. DTF is not responsible for the conduct, whether online or offline, of any Site user. DTF assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Site user communication. DTF is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software or failure of any email due to technical problems or traffic congestion on the Internet or the Site or combination thereof, including any injury or damage to Site users' or to any person's computer related to or resulting from participation or downloading materials in connection with the Site. Under no circumstances shall DTF be responsible for any loss or damage, including personal injury or death, resulting from use of the Site from any Content posted on the Site or transmitted to Site users, or any interactions between users of the Site, whether online or offline. The Site is provided "AS-IS" and DTF expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DTF cannot guarantee and does not promise any specific results from use of the Site.

Limitation on Liability

IN NO EVENT SHALL DTF BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF DTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DTF'S LIABILITY TO YOU FOR ANY CAUSE OF ACTION WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DTF FOR USE OF THE SITE AND/OR USE OF THE SERVICES AVAILABLE THROUGH THE SITE DURING THE TERM OF YOUR USE OF THE SITE.

Jurisdiction

DTF makes no representation that the Content on the Site is appropriate, available or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that these Terms, for all purposes, shall be governed and construed in accordance with the laws of the State of Maryland applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of these Terms must be brought in a state or federal court in Maryland. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

Indemnity

You agree to indemnify and hold DTF, its subsidiaries, affiliates, officers, agents, and other partners, employees and service providers, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site in violation of these Terms and/or arising from a breach of these Terms and/or any breach of your representations and warranties set forth above.

Other

These Terms are accepted upon your use of the Site. These Terms constitute the entire agreement between you and DTF regarding your use of the Site. The failure of DTF to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding these Terms.

Last Updated September 2007