PRI Terms of Use and Privacy Policy

TERMS OF USE last updated on May 15, 2014

Please read these Terms of Use carefully before using or accessing the Websites or services.
Pesticide Research Institute (“PRI”) offers services through a website at www.pesticideresearch.com, through mobile applications, other application program interfaces, and through the PRI Pesticide Product Evaluator and Toxicology websites and databases (collectively, the “Website”).

By accessing our Website, you (the “User” or “you”) accept and agree that the following terms and conditions apply to you, and a binding contract is formed between PRI and you. You may not use the Website if you are not of a legal age to form a binding contract and otherwise capable of entering into this agreement. If you do not agree to all the terms and conditions of this agreement, do not use or access the Website.

The user acknowledges that the Website makes available a variety of services and analyses, subject to these general Terms of Use, and these Terms of Use apply to all of these. When a User is using any service on the Website that does not have a separate legal agreement, the Terms of Use set forth here will apply.  PRI may also supplement these Terms of Use with posted guidelines or rules applicable to specific areas of the Website.

USER REGISTRATION AND SECURITY
As a condition to using certain parts of the Website, or certain features or services of the Website, User is required to register with PRI and select a password and user name (“Registration Data”). User shall be responsible for maintaining the confidentiality of User’s password.

PRI will treat User information in accordance with its Privacy Policy. PRI reserves the right to refuse a User registration, or cancel a User registration in its sole discretion. Upon termination of a User’s account, the User’s right to use the Website, or features and functionality of the Website available only to registered Users, will immediately cease, and PRI shall retain all registration or access payments made, without proration.

USER REPRESENTATIONS
User represents and warrants that the Registration Data and other information about the User is true, accurate, current, and complete (apart from optional items) and the User will maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

The User represents that the User is using this Website, its features, functionality and services, only for the benefit or the User or an organization with which the User is affiliated, and that the User is not accessing this information for the benefit of third parties, including but not limited to compilers or aggregators, or for commercial purposes, or to re-sell or transmit to a third party.

USER ACTIVITY AND CONTENT
User is responsible for all of activity in connection with use of the Website via User’s Registration Data. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of User’s right to access or use the Services. User may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, Registration Data, or private information from any Website User. Use of the Website to violate the security of any computer network or transfer or store illegal material including those that are deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. User agrees not to collect or harvest any rankings, product or company information, personally identifiable information, or content from the Website.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
You and other users may be permitted to upload reviews, comments, questions, suggestions, ideas, text, data software (including machine images), audio, video, images or other content (“Content”) to the PRI Website.  You may post such Content so long as the Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a review, comment or other Content.

PRI does not regularly review posted content.  However, PRI reserves the right but not the obligation to monitor and edit or remove any activity or Content for any reason, and at any time. If you do post Content, or if you submit other material to PRI, and unless PRI indicates otherwise, you grant PRI a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media. You grant PRI and its sublicensees the right to use the name that you submit in connection with such Content.

You acknowledge and agree that: (a) PRI has no obligation to, and has not reviewed, tested or screened any Content, (b) you use or rely on any Content at your sole risk, and (c) Content may be subject to separate intellectual property rights as determined by the person posting such Content.  PRI takes no responsibility and assumes no liability for any Content posted by you or any third party.

You represent and warrant that: (a) you own or otherwise control all of the rights to any Content that you post; (b) that your Content is accurate; that use of Content you supply does not violate these Terms of Use; (c) that the Content will not cause injury to any person or entity; and (d) that you will indemnify PRI for all claims resulting from Content you supply.

INTELLECTUAL PROPERTY
The PRI Website contains databases, datasets, hazard tier rankings, PRI comments, and other analysis, some or all of which may be an expression of PRI’s intellectual property, expertise and know-how (collectively “Website Data”). User acknowledges and agrees:  (a) PRI is the sole and exclusive owner of the Website Data; (b) that intellectual property laws, rules, regulations and rights protect Website Data; and (c) that any use of Website Data is subject to the restrictions, conditions and other terms set forth herein.

The Website also displays brand names, trade names, trademarks, logos, service marks, and/or Content from third parties, including a manufacturer of pesticide product. This other information may be protected by intellectual property rights of these third parties.

Except as specifically provided in these Terms of Use, the User may not copy, distribute, publish, display, post, frame, archive, modify, sublicense, reverse engineer, or create derivative works of the Website Data or the Content, or any feature, functionality or service of the Website without the explicit written permission of PRI.

The User acknowledges, understands and agrees that the PRI reserves to itself any rights not expressly granted herein.

GRANT OF LICENSE
Subject to the terms and conditions set forth in these Terms of Use, PRI grants the User a limited license to make use of the Website for research, review of pesticides, and for implementing integrated pest management programs at User-affiliated organizations. This license expressly excludes any resale, distribution, transfer, modification, reverse engineering, or commercial use of Website Data, Website Content, or Website features, functionality or services, or any portion thereof. The User cannot create any derivative works of the Website Data or Content except as expressly permitted under this Agreement, or unless expressly permitted by PRI.

The User may not use any trademark, logo, copyrighted material, or other intellectual property of the Website without the express written consent of PRI. The user may not use meta tags or any other hidden text utilizing the Website’s intellectual property without the express written consent of PRI.

TERMINATION OF RIGHTS
The User agrees that PRI, in its sole, unfettered discretion, may terminate the User’s access or use of the Website for any reason, or for no reason whatsoever, including but not limited a belief by PRI that a User has: (a) improperly accessed Website Data or Content, or made an unauthorized or improper download of Website Data or Content; (b) uploaded, posted, or otherwise transmitted unauthorized Content to the Website; (c) breached these Terms of Use; (d) infringed the intellectual property rights of PRI or a third party; or (e) violated or acted inconsistently with the letter or spirit of these Terms of Use.

PRI shall keep all registration fees, access fees or other fees paid by the User, without proration, upon termination of a User’s access or use of the Website.

SOURCES OF INFORMATION AND USER RESPONSIBILITY
All descriptions and analyses of the pesticide products on the Website are based on assessments by the U.S. Environmental Protection Agency, assessments by the California Department of Pesticide Regulation, and the pesticide product label and Material Safety Data Sheet (MSDS) provided by the manufacturer.

All descriptions and analyses of the pesticide active ingredients are based on the assessments of the U.S. Environmental Protection Agency, the California Department of Pesticide Regulation, the International Agency for Research on Cancer, the National Institutes of Health, the California Office of Environmental Health Hazard Assessment, the U.S. Department of Agriculture, and scientific data from government agency reports and peer-reviewed scientific literature.

Assessment of risks associated with use of a pesticide product is based on use of the product according to the label instructions provided by the manufacturer.

IT IS VITAL FOR THE SAFETY OF THE USER THAT ALL PESTICIDE LABEL INSTRUCTIONS BE READ AND FOLLOWED. PESTICIDE RESEARCH INSTITUTE MAKES NO REPRESENTATION OR WARRANTY ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE, EVEN IF BASED UPON THE MANUFACTURER’S CURRENT RECOMMENDED USE.

DISCLAIMERS OF WARRANTY
ALL INFORMATION ON THE WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

PRI disclaims any warranty that: (a) the Website will always be secure, available or uninterrupted; (b) the Website, Website Data, or Content, will meet the User’s requirements or be reliable, accurate, timely, or complete; (c) the Website will be free from worms, viruses, Trojan horses or other such attacks; or (d) the Website is non-infringing.  PRI further disclaims any implied warranty arising from course of dealing or usage of trade.

LINKS TO THIRD PARTY SITES
The Website may provide links that take the user to third-party websites that are not under the control of PRI. PRI is not responsible for the content of the third-party websites, or any link contained in those websites. By providing the links, the Website does not mean to imply the endorsement of the third-party website. PRI reserves the right to add, delete, or change any link without notice and in its sole discretion.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRI, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PRI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY THE USER TO PRI FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don’t allow the types of limitations in this paragraph, so they may not apply to you.

The user acknowledges and agrees that, regardless of any statute or law to the contrary, any claim or cause of action the user may have arising out of, or relating to, the user’s use of the Website must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

INDEMNITY AND RELEASE
User shall defend, indemnify and hold harmless PRI, its officers, directors, employees and agents, from and against any and all third party claims, damages, losses or liabilities, including reasonable costs, expenses and attorney’s fees, arising from User’s use of and access to the Website, or violation by such use by the User.

COPYRIGHT AND NOTICE OF ALLEGED INFRINGEMENT
PRI respects the intellectual property of others and expects its Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the website http://www.copyright.gov/legislation/dmca.pdf) PRI will respond to claims of copyright infringement committed using the PRI Website if such claims are reported to PRI’s Designated Copyright Agent identified below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to PRI’s Designated Copyright Agent. Upon receipt of Notice as described below, PRI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Website.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Website or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to PRI’s Designated Copyright Agent:
Attn: Copyright Agent
Pesticide Research Institute
1400 Shattuck Ave, #8
Berkeley, CA 94709

NON-WAIVER AND SEVERABILITY
The User acknowledges that PRI’s failure to exercise any right or provision of these Terms of Use does not waive such a right or provision. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, the remaining provisions or portions shall be enforced to the maximum extent permissible so as to put into effect the intent of the Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect.

RELATIONSHIP OF PARTIES
The User acknowledges and agrees that PRI and the User are independent entities under these Terms of Use, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms of Use has authority to enter into agreements of any kind on behalf of the other, and neither party shall be considered the agent of the other.

MODIFICATION
PRI reserves the right, at its discretion, to modify these Terms of Use at any time by posting a notice on the applicable Website, or by sending User a notice via email. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Website by User following such notification of modification constitutes User’s acceptance of the terms and conditions of these Terms of Use as modified.

ARBITRATION
PRI and the User agree that any and all disputes and claims relating in any way to these Terms of Use or the Website (including the arbitrability of any claim or dispute and the enforceability of this paragraph), shall be submitted to and resolved by means of confidential arbitration conducted in Alameda County of the State of California. To the extent permitted by law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former user of the Website, including through class actions. If PRI and the User cannot agree on an arbitrator, the arbitrator shall be appointed by the Alameda County Superior Court. The arbitration shall be conducted under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”). PRI and the user may litigate in court only to (1) compel arbitration under this Agreement or to (2) confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. This Agreement excludes application of the United Nations Convention of Contracts for the International Sale of Goods.

ATTORNEYS’ FEES
In the event that any action or proceeding is brought to enforce or interpret any provision of these Terms of Use, the User acknowledges and agrees that the party prevailing in such action or proceeding shall be entitled to recover from the other party all of the prevailing party’s costs and expenses incurred therein (including attorneys’ fees and court costs), as well as all such costs incurred in any collection effort.

CHOICE OF LAW
The User agrees that this Agreement has been executed in the State of California, and the validity, interpretation, construction and enforcement of this Agreement shall be governed by the laws of the United States of America and the State of California.

INTERNATIONAL USERS
The User acknowledges that this Website is controlled, operated and administered by PRI from its offices within the United States of America. The User agrees that PRI makes no representation that Content, features, functionalities or services on this Website are appropriate or available for use at locations outside of the United States. Access to the Website, it Content, features, functionalities or services, is prohibited from territories where it is illegal. If the User accesses this Website from a location outside of the United States, the user is responsible for compliance with all local laws.

PRIVACY POLICY last updated on September 25, 2014

Thank you for using the Pesticide Research Institute (“PRI”) Pesticide Product Evaluator and Toxicology websites and databases (“Services”). PRI collects and uses the following information to provide, improve and protect our Services.

Account. PRI collects, and associates with subscriber accounts, information including user name, email address, payment information, telephone number and address.

Services and Usage. Subject to the terms of use, individual end users or group account end users may access PRI’s Services to review the information contained in the Website. PRI collects and stores information about end user access to the Services to maintain end user lists and to improve our Services. The Website server collects and saves the default information customarily logged by World Wide Web server software. Our logs contain the following information for each request: date, time, originating IP address and domain name, object requested, and completion status of the request. PRI use these logs to help improve our service by evaluating the level of demand for our Website and detecting any errors on the Website that might occur. These logs may be kept for an indefinite length of time and used at any time and in any way necessary, including but not limited to preventing security breaches and protecting the integrity of the data on our servers.

Cookies
PRI uses “cookies,” which are small files stored on the user’s computer hard drive. These cookies enable PRI to track the interests of users to enhance user experience on the Website. For example, cookies usually allow a user’s browser to remember which pages the user has visited and helps PRI to know how much traffic the Website pages receive. This process does not reveal any personal information about the person viewing the page (such as a username or password) unless the person has previously given such information. If a user finds cookies objectionable, please consult the user browser’s documentation for information on how to block or erase cookies. Note however, that setting the user’s browser to block or erase cookies may alter or limit your ability to use the Services.

Google Universal Analytics
PRI uses Google Universal Analytics to assist in improving the Website. Google Universal Analytics collects and processes data as described in this article: “How Google uses data when you use our partners’ sites or apps”, (located at www.google.com/policies/privacy/partners/).

Use of Collected Information
Except for the use of Google Universal Analytics described above, any information PRI gathers, whether submitted voluntarily or collected automatically, will be used for PRI internal purposes only. Billing information is collected through a secure server and is not shared with other organizations other than the credit card issuing entity. User credit card number is not retained once the user transaction has been authorized and processed. It is PRI’s policy not to disclose or to sell any user information to third parties. PRI retains the right to disclose any collected information if required to do so by law or if acting on a good faith belief that such disclosure is necessary to protect its rights or property or to respond to an emergency situation.

Security
This site takes reasonable precautions to protect users’ information. Please note, however, that electronic transmissions via the Internet are not necessarily secure from interception, and PRI does not guarantee the security or confidentiality of transmissions.

Changes to Privacy Policy
PRI reserves the right to modify this Privacy Policy at any time. If we make material changes to the Privacy Policy we will post those changes here and other places we deem appropriate so that end users are aware of the changes. Use of the Services, the Website or any particular information will remain subject to whatever version of the Privacy Policy was in effect at the time it was collected.

Questions or Update of User Information
If a user has questions or concerns about the PRI Privacy Policy, or would like to review, update, or delete information, please email PRI at admin@pesticideresearch.com and PRI will make reasonable efforts to comply with user requests.

 

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