II. EIS Websites Access and Use
III. Permission to View.
IV. Limitations on Use.
A. Limitations on Copying and Distribution. You may download or copy materials or screen displays only if all of the following conditions are met:
- The materials or screen displays must specifically state that they may be downloaded and must have a visible Adownload@ button on the screen;
- The materials or screen displays copied or downloaded may be used only for personal non-commercial use; and
- All copyright, trademark and other notices contained in the copied or downloaded materials or screen displays must remain visible at all times, just as they are on the EIS Websites.
indirectly permit any third party to use or copy any of the EIS Websites. You may not:
(i) use any means to access, acquire, copy, or monitor any portion of the EIS Websites or in any way reproduce or circumvent the navigational structure or presentation of the EIS Websites to obtain or attempt to obtain any materials,
documents, or information through any means not purposefully made available through the EIS Websites;
(ii) attempt to gain unauthorized access to any portion or feature of the EIS Websites, including without limitation, the account of any other authorized user or any other systems or networks connected to the EIS Websites or to any server used by EIS or to any of the EIS Websites offered on or through the EIS Websites, by hacking, password Amining@ or any other illegitimate or prohibited means;
(iii) probe, scan, or test the vulnerability of the EIS Websites or any network connected to the EIS Websites, or breach the security or authentication measures on the EIS Websites, or any network connected to the EIS Websites;
(iv) trace or seek to trace any information on any other authorized user of or visitor to the EIS Websites;
(v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the EIS Websites or systems or networks of EIS or networks connected to the EIS Websites;
(vi) use any device, software, or routine to interfere with the proper working of the EIS Websites, or with any other person’s use of the EIS Websites;
(vii) use the EIS Websites to harvest or collect e-mail addresses or other contact information;
(viii) create an intact reproduction of a page or pages of the EIS Websites into another service; or
(ix) use the EIS Websites in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact EIS.
C. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the EIS Websites or any materials accessed through the EIS Websites.
D. Intellectual Property Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the EIS Websites on any materials accessed through the EIS Websites, even if such access is otherwise permitted.
E. Your Submission of Content. The EIS Websites may, at EIS’ sole and absolute discretion, contain comment areas and other interactive features where You can share and display content, including without limitation, statements, photographs, video and other images (collectively AUser Content@). EIS is under no obligation to post, publish, maintain, treat as confidential or safeguard Your User Content. Nonetheless, by submitting User Content to the EIS Websites, You are granting EIS a royalty-free, worldwide, perpetual, irrevocable and non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such User Content (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future, should EIS choose to do so (at its sole and absolute discretion). You agree that You will not post or transmit anything that interferes with or disrupts the EIS Websites or its operation. EIS has no obligation to offer any public postings and shall always be free to restrict content on the EIS Websites to material created, owned, or specifically approved by EIS.
F. Links to Other websites and services. EIS may provide links, at its sole and absolute discretion, to other websites and services. EIS is not responsible for the availability of these outside websites, their contents, the accuracy of information
and/or the quality of the products or services on these websites, nor any other aspect thereof.
G. Links to the EIS Websites. You may link to the EIS Websites provided that You do so in a way that clearly indicates that the link is to the EIS Websites, and the EIS Websites are completely independent from You, and is not otherwise
misleading. You may not integrate or make use of all or part of the EIS Websites in ways that would confuse or mislead visitors as to the nature and origin of the EIS Websites’s content. In any such link, You must make it absolutely clear that
you are not affiliated with, sponsored by, or otherwise acting in concert with EIS.
You will remove any such link immediately upon request by EIS (with or without
cause), and afterwards never provide such a link without the written permission of
V. Intellectual Property Infringement.
EIS is committed to complying with Intellectual Property Laws (including copyright laws).
Intellectual Property Rights Owners who believe that their rights under copyright, trademark,
trade secret, patent or other Intellectual Property Law have been infringed may report alleged
infringements. If You feel that any material on the EIS Websites is objectionable or infringing,
EIS encourages You to contact EIS immediately. Upon EIS’s receipt of a proper written notice
of claimed infringement under the DMCA or other relevant laws, EIS will respond expeditiously
to follow all relevant procedures specified in the DMCA (or such other laws) with regard to the
claimed infringement, including taking down any material that EIS deems infringing or
potentially infringing. The designated agent of EIS (i.e., the proper party) to whom You should
address such notice is listed below.
If You believe that Your work has been copied and posted on the EIS Websites in a way that
constitutes copyright infringement, please provide EIS’ designated agent with a written
communication containing the following information:
A. An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
B. A description of the copyrighted or other protected work that You claim has been infringed, including any Copyright, Trademark, Patent or other registration numbers;
C. A description of where the material that You claim is infringing is located to permit EIS to locate the material (including all relevant URLs);
D. Your address, telephone number, and email address;
E. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. A statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright or other Intellectual Property right that is allegedly infringed or authorized to act on the owner’s behalf.
EIS’ designated agent for notice of claims of copyright or other intellectual property infringement can be reached via e-mail at: A IP@eiscouncil.org @ with the subject line AIP Infringement.@
VI. Trademarks Belong to EIS.
EIS is the owner of the entire right, title and interest in and to a numerous registered and common law trademarks, including without limitation, A EIS Council@ – A EIS@ – A
GRCOM@ – A CPIC@ – A E-PRO@ – A BSX@ – A GINOM@ – A EMERGENCY ALLSECTOR RESPONSE TRANSNATIONAL HAZARD EXERCISE@ & A EARTH EX@
(hereinafter collectively the A EIS Marks@). By using the EIS Websites, you acknowledge the validity of, enforceability of, and EIS’s sole and exclusive ownership of the EIS Marks, and agree never to use the EIS Marks except as needed to identify EIS in a manner that constitutes Fair Use, nor challenge such validity, enforceability or ownership of same. Under no circumstances may You use any of the EIS Marks, nor take any other action (including providing
a link to any EIS Websites) that could create the impression that You are affiliated with, sponsored or approved by, or otherwise working in concert with, EIS VII. Termination of Rights.
access or view any of the EIS Websites and will be in effect until terminated as set forth below.
This license will automatically terminate in the event You breach any of these terms.
by ceasing to use the EIS Websites, however all of Your obligations which can be performed
after Termination, will be deemed to survive Termination, including without limitation (i) the
General section below; (ii) the provisions concerning rights in Your User Content that You have
granted to EIS; and (iii) EIS= proprietary rights, indemnity, disclaimers of warranty, limitation of
liability, and governing law.
VIII. DISCLAIMERS & LIMITATIONS ON LIABILITY.
A. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF
THE EIS WEBSITES IS AT YOUR SOLE RISK AND YOU ASSUME ALL
RISK. THE EIS WEBSITES AND THEIR INFORMATION, CONTENT,
MATERIALS, AND USER CONTENT IS PROVIDED ON AN AAS
AVAILABLE@ and AAS IS@ BASIS. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, EIS DISCLAIMS ALL WARRANTIES WITH
RESPECT TO THE EIS WEBSITES, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE,
MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF
INFORMATION, FITNESS FOR A PARTICULAR PURPOSE, AND
RESULTS THAT MAY BE OBTAINED FROM USE OF THE EIS WEBSITES.
EIS DOES NOT ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES
AS TO THE CONTENT, INFORMATION, MATERIALS, USER MATERIALS,
FEATURES, OPINIONS, OR STATEMENTS AVAILABLE ON OR
THROUGH THE EIS WEBSITES OR THROUGH LINKS ON THE EIS
WEBSITES. EIS DOES NOT WARRANT THAT THE EIS WEBSITES WILL
MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE EIS
WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT
DEFECTS IN THE EIS WEBSITES WILL BE CORRECTED. YOU
SPECIFICALLY ACKNOWLEDGE THAT EIS IS NOT LIABLE FOR THE
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
B. ADVICE DISCLAIMER. CONTENT ON THE EIS WEBSITES IS NOT
INTENDED TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY
KIND, AND NOTHING CONTAINED ON THE EIS WEBSITES IS OR
SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR,
FINANCIAL OR INVESTMENT ADVICE. NEVER MAKE INVESTMENT
OR FINANCIAL DECISIONS BECAUSE OF SOMETHING YOU HAVE
READ, HEARD OR SEEN ON THE EIS WEBSITES. EIS DOES NOT
REPRESENT OR WARRANT THE ACCURACY OF ANY PREDICTIONS OR
POSSIBLE FUTURE EVENTS THAT MAY APPEAR ON THE EIS
C. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT
PERMITTED BY LAW, EIS SHALL NOT BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN
CONTRACT, TORT – INCLUDING NEGLIGENCE, OR OTHERWISE),
WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL
INJURY, LOST PROFITS, INVESTMENT LOSSES, LOST DATA AND
BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE EIS WEBSITES, ITS CONTENT, OR ITS USER
CONTENT, EVEN IF EIS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF EIS
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT – INCLUDING
NEGLIGENCE, OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY
YOU TO EIS, IF ANY, FOR ACCESS TO THE EIS WEBSITES.
IX. Monitoring. EIS has the right, but not the obligation, to monitor the content of the EIS
Websites (including any social or chat forum or tools, services or functions that enable
the sharing, display or performance of any Material), to determine compliance with these
regulation or authorized government request. EIS has the right and sole discretion to edit,
refuse to post, or to remove any User Content submitted to or posted on or within The
EIS Websites, including, without limitation, the right to remove any User Content that
EIS, in its sole and absolute discretion, finds to be in violation of the provisions hereof,
otherwise objectionable, in incompatible with EIS’ mission.
X. General Provisions.
A. Indemnification. You agree to indemnify, defend and hold EIS and its affiliates
and its and their respective governors, directors, officers, employees, volunteers,
and agents harmless from and against any and all claims, actions, demands,
damages, costs, liabilities, losses and expenses (including reasonable attorneys=
fees and costs) arising out of Your use of the EIS Websites.
of the State of California, U. S. A, without regard to any choice of laws provision.
Any action or proceeding brought by either Party against the other Party shall be
brought only before the State or Federal Courts located in Los Angeles, California
U. S. A., and You and EIS hereby consent to the personal jurisdiction of such
C. Terms Posted for Specific Portions of the EIS Websites. EIS may post terms and
conditions for specific portions of the EIS Websites, and such shall be deemed
posting. It is Your responsibility is to review such prior to each use, and by
continuing to use the EIS Websites or said specific portions thereof, You agree to
applicable to a specific portion of the EIS Websites, the latter terms shall control
with respect to Your use of that portion of the EIS Websites.
and You with respect to the EIS Websites and supersede all prior or
contemporaneous oral or written communications with respect to the subject
enforceable. Any failure by EIS to strictly enforce any provision of these Terms
of Use will not operate as a waiver of that provision or any subsequent breach of
that provision. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN
THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE
FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY
AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
E. All aspects of the operation of the EIS Websites are at the sole discretion of EIS,
including without limitation, the decision whether to allow particular user posts or
allow user posting at all.
the EIS Websites and is incorporated by reference herein.
G. Compliance with Applicable Law. You are solely responsible for ensuring Your
use of the EIS Websites is in compliance with all applicable laws, rules and
H. User Obligations. By using the EIS Websites in order to view information and
materials or submit User Content of any kind, You represent that You are at least
eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of
age and using the EIS Websites with parental or legal guardian consent and