Welcome to the
Massachusetts Department of Environmental Protection’s (“DEP,” “We,” “Us,”
“Our”) web site (“site”). This Terms and Conditions of Use Agreement (“TCU” or
“Agreement”) is made by and between Us and You, the user of this site. Use of
this site is provided to You subject to this Agreement, which may be updated
from time-to-time at Our sole discretion. You hereby agree as follows:
BY USAGE OF THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS
AGREEMENT AND THE WEBSITE’S PRIVACY
POLICY, HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND
CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS
AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED
DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST
CEASE USING THIS SITE. ANY VIOLATION OF THIS AGREEMENT CAN, IN CERTAIN
CIRCUMSTANCES, RESULT IN LEGAL ACTION TAKEN BY US AGAINST YOU.
1. License. Subject to the terms and conditions set forth in this Agreement, We
agree to provide You with access and use of Our site. There is no fee paid by
You for access. Your access to the site is provided pursuant to a free and
non-exclusive license provided by Us.
2. Accessibility. You
understand and agree that the site may, at times, be inaccessible or inoperable
for any reason, including, but not limited to: (i) equipment or communications
malfunctions; (ii) periodic maintenance, repairs, or administrative reviews
which We may undertake from time-to-time; or (iii) causes beyond Our control or
which are not reasonably foreseeable by Us.
3. Equipment. You shall
be solely responsible for providing, maintaining, and ensuring compatibility
with the site, all hardware, software, electrical, and other physical
requirements for Your use of Our site, including, but not limited to,
telecommunications and internet access connections and links, web browsers or
other equipment, and programs or services required to access and use the site.
4. No Interference. You
agree that You shall not use, implement, or employ, or directly or indirectly
aid, encourage, or solicit anyone else from using, implementing, or employing
any automated or manual device, process, or program (e.g. robot, spider,
spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit
any of the content or user information contained on Our site without Our
express written permission. You further agree that You shall not use,
implement, or employ, or directly or indirectly aid, encourage, or solicit
anyone else from using, implementing, or employing any automated or manual
device, process, or program that interferes or attempts to interfere with the
operation of Our site.
5. Linking and Framing.
You agree not to bypass the home page of Our site and “deep-link” to any other
websites or frame Our content within another website or other medium without
Our express written permission. Our site may also provide links to other web
sites. These links are not intended to imply sponsorship, affiliation, or
endorsement. We do not exercise any control over these other sites. We are not
responsible or liable, either directly or indirectly, for the availability or
accessibility of these other sites, any transmissions initiated by or between
You and the other site, any of the content posted on the other site, or your
reliance upon such content.
6. Unacceptable Uses. You
are solely responsible for any and all acts and omissions that occur while You
use this site, and You agree not to engage in unacceptable use of the site,
which includes, but is not limited to, use of the site to: (a) disseminate,
store or transmit unsolicited messages, chain letters, or unsolicited
commercial e-mail (also known as “spam”); (b) disseminate or transmit material
that, to a reasonable person, may be abusive, obscene, pornographic,
defamatory, harassing, grossly offensive, vulgar, threatening, or malicious;
(c) disseminate, store, or transmit files, graphics, software, material, or
other content that actually or potentially infringes the copyright, trademark,
patent, trade secret, intellectual property rights, or rights of privacy or
publicity of any person or instruct any person how to do so; (d) create a false
identity or to otherwise attempt to mislead any person as to the identity or
origin of any communication; (e) impersonate any person or entity, including,
but not limited to, a DEP employee or agent; (f) export, re-export or permit
downloading of any message or content in violation of any export or import law,
regulation or restriction of the United States and its agencies or authorities,
or without all required approvals, licenses or exemptions; (g) interfere,
disrupt, or attempt to gain unauthorized access to other passwords or accounts
on the site or any other computer network; (h) disseminate, store or transmit
viruses, trojan horses, or any other malicious code or program; (i) harm minors
in any way; (j) solicit personal information from anyone under eighteen (18)
years of age; (k) solicit confidential information; (l) interfere with or
disrupt the site or the servers or network connected to provide service to the
site; (m) provide instructional information about illegal or unlawful
activities; (n) “stalk” or otherwise harass another person; (o) intentionally
or unintentionally violate any applicable local, state, national or
international law; and/or (p) engage in any other activity deemed by Us, in Our
sole discretion, to be unacceptable when using this site or in conflict with
the spirit or intent of this Agreement.
As stated in Our Privacy
Policy, We will NOT attempt to match Your personal information to Your usage of
the site or to other information in our possession. However, in instances where
We, in our sole discretion, suspect or determine that the site is being used
for any unacceptable, inappropriate, or illegal purposes; personal information
relating to Your use of this site may, when possible, be disclosed pursuant to
any authorized law enforcement investigation, regardless of whether it was
initiated by Us or by another party.
7. Privacy. Your
information is collected and utilized pursuant to Our
Privacy Policy, incorporated by reference herein. We do not knowingly
collect information from children. This site is intended for use by adults
only.
8. Representations and
Warranties. You represent and warrant the following: (i) You are over eighteen
(18) years of age; (ii) You have the right, power, and authority to enter into
and perform this Agreement; (iii) You will not use Our service or website for
any unacceptable uses, as partially listed in Section Six (6); (iv) You will
not use Our website or service to violate any federal, state, and/or local law;
and (v) You will only use Our site or service to transmit and disseminate
information related to DEP business.
You agree to protect the password associated with your eDEP account. Do not
reveal your password to others. Do not leave the password in plain sight. If
your password security is compromised, you must inform DEP to deactivate the
account. You are responsible for the information submitted using your password.
Remember that there may be significant penalties for submitting false
information, including possible fines and imprisonment.
9. Disclaimer of
Warranties. THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE
SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE
SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT
ANY INFORMATION, DATA, OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE,
RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR
DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN
ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL
CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. Limitation of
Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR
ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR
THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR
INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE;
(C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY
TRANSMISSION OR DATA; (D) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT
TRANSMITTED OR RECEIVED; AND (E) ANY CONTENT OR DATA FROM A THIRD PERSON
ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE
BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO
TERMINATE YOUR USE OF THIS WEB SITE AND SERVICE.
11. Integration and
Conflicting Terms. This Agreement and the Privacy Policy constitute the
complete and exclusive statement and agreement between You and Us with respect
to use of this site and supersedes any and all prior or contemporaneous
communications, representations, statements, agreements, and understandings,
whether in oral, written, or electronic form, between You and Us concerning the
use of the site and Our service. The terms of this Agreement and the terms of
the Privacy shall be construed as consistent with each other whenever possible,
but if such construction is unreasonable due to conflicting terms, the terms of
this Agreement shall control.
12. Modification and
Amendment. We have the right, at any time and without notice, to add or modify
the terms of this Agreement. Your access to or use of the site after the date
such amended terms are added shall be deemed to constitute acceptance of such
amended terms. No modification made by You shall be binding upon Us unless it
is made in writing and signed by Us.
13. Notice. We reserve
the right to provide You with notice as We deem necessary relating to Your use
of this site, this Agreement, or any breach thereof. In this instance, notice
shall deemed to be delivered to Your e-mail address as supplied by You during
the Registration Process.