These terms of service were last updated on 2019-11-01.
Welcome to the High Priority Chemicals Data System (HPCDS) website (“HPCDS” or “website”). The HPCDS allows you to report information on the presence of chemicals of concern in children’s products and to view the information reported by manufacturers.
Please read the terms of service carefully before using this website. By accessing and using the HPCDS in any way, including, without limitation, browsing the website, using any information, using any content, using any services, or downloading any materials, you agree to and are bound by the terms of service. NEWMOA reserves the right to update the terms of service at any time without notice to you.
If you do not agree to all the terms of service, do not use this website in any manner.
License
Subject to your compliance with the terms of service, NEWMOA grants you a non-exclusive, non-transferable license to use the HPCDS, including features that allow you to:
- Create and manage user and organization accounts
- Create and submit reports to participating states
- Search the information reported by product manufacturers
Prohibited Conduct
When using the HPCDS, you may not or allow those acting on your behalf to:
- Redistribute for profit the HPCDS web application
- Reverse engineer or attempt to extract the source code from the HPCDS or any related software, except to the extent that this restriction is expressly prohibited by applicable law
- Remove, obscure, or alter the HPCDS terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices
- Do anything inappropriate, illegal, or in violation of others’ rights (including their privacy, publicity, and intellectual property rights)
Unauthorized use of this website may give rise to a claim for damages or constitute a criminal offense.
Assumption of Risk and Indemnification
You use the HPCDS at your own risk. You are always responsible for your conduct and its consequences.
Product information reported through the HPCDS is provided by product manufacturers, may contain inaccuracies or errors, and is subject to change without notice. NEWMOA makes no representations or warranties whatsoever regarding the quality, content, completeness, suitability, adequacy, sequence, accuracy, or timeliness of such information and data. The website also includes links to other entities’ websites; NEWMOA has no control over the nature, content, or availability of those sites. The inclusion of these links does not necessarily imply a recommendation or endorse the views expressed therein.
The information and data that NEWMOA makes available through the HPCDS is provided “as is” without warranties of any kind. NEWMOA makes no representations or warranties regarding the condition or functionality of the website or its suitability for use, or that the website will be uninterrupted or error-free. NEWMOA makes every effort to keep the website up and running smoothly; however, we take no responsibility for, and will not be liable for, the website’s being temporarily unavailable due to technical issues beyond our control. The user acquires no ownership rights in the website hereunder or rights to use the IC2 or NEWMOA names or logos.
To the fullest extent permitted by applicable law, NEWMOA shall not be liable for any direct, indirect, punitive, special, incidental, consequential damages, lost revenues, lost profits or any other damages whatsoever arising out of, relating to or in any way connected with the use or misuse of the website or as a result of the delay or inability to use the website, or from any data or other information or other material obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if NEWMOA or any of its employees, affiliates, or agents has been advised of the possibility of such damages. NEWMOA shall not be liable for any loss or injury caused in whole, or in part, by its actions or omissions or by contingencies beyond its control, including in procuring, compiling, or delivering the data or information, or arising out of any errors, omissions, or inaccuracies in the information regardless of how caused, or arising out of any user’s decision or action taken or not taken in reliance upon such data or information furnished by the website.
As a condition of use of the HPCDS, to the fullest extent permitted by applicable law, the user agrees to indemnify and hold harmless NEWMOA, its directors, officers, employees, and agents against any and all liability, expenses (including but not limited to attorneys’ fees, expert fees and court costs), and any and all damages arising out of, relating to, or in connection with any claims resulting from the user’s use of this website, including, without limitation, any claims alleging facts that, if true, would constitute a breach by user of these terms and conditions.
User Account, Password, and Security
Reporting on the presence of chemicals of concern in children’s products through the HPCDS requires you to register for an account. You must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account information. Furthermore, you are entirely responsible for any and all activities that occur under your account.
You agree to notify NEWMOA immediately of any unauthorized use of your account or any other breach of security. NEWMOA will not be liable for any loss that you may incur as a result of someone else’s using your password or HPCDS account, either with or without your knowledge. However, you could be held liable for losses incurred by NEWMOA or another party due to someone else’s using your account or password. You may not use anyone else’s account at any time without the account holder’s permission.
Privacy
Your privacy with respect to the use of this website results from a partnership between NEWMOA and you, the user. We attempt to protect your privacy to the maximum extent possible. However, because much of the information that we receive through the website is subject to public records laws, we cannot ensure absolute privacy. Personally identifiable information that you provide through the HPCDS may be made publicly available under these laws. For example, manufacturers reporting information on chemicals of concern in children’s products must identify a public contact whose name and contact information shall be publicly disclosed.
Government Users
If you are using the HPCDS on behalf of a government entity, that entity accepts these terms. Solely to the extent permitted by applicable law, regulation, or privileges and immunities, that entity will hold harmless and indemnify NEWMOA and its affiliates, officers, agents, and employees from any claim, action, or proceedings arising from or related to the use of the HPCDS or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs, or legal fees.
Copyright Notice
©2019 Northeast Waste Management Officials’ Association (NEWMOA). All rights reserved.
This website contains material which is owned by or licensed to NEWMOA. This material includes, but is not limited to, the design, layout, look, appearance, and graphics. Reproduction is prohibited other than in accordance with this copyright notice. All brand names and trademarks reproduced in this website are the property of their respective manufacturers. You may not modify, license, create derivative works from, or sell any information, software, products, or services obtained from the website without written permission from NEWMOA.
