BAAQMD EA Web Site Terms and Conditions of Use

Website Terms and Conditions of Use

1. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with all applicable laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trade mark law.

2. Use License

a. Permission is granted to temporarily download information on BAAQMD Employees’ Association (BAAQMD EA) website for personal, non-commercial transitory viewing only. You may use information provided on the BAAQMD website for non-commercial purposes if you credit BAAQMD and include a link to our website.  This is the grant of a license, not a transfer of title, and under this license you may not:

i.        modify or copy the materials;

ii.        use the materials for any commercial purpose;

iii.        attempt to decompile or reverse engineer any software contained on BAAQMD EA's website except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;

iv.        remove any copyright or other proprietary notations from the materials; or

v.        transfer the materials to another person or "mirror" the materials on any other server.

b. This license shall automatically terminate if you violate any of these restrictions.

3. Copyright Infringement Notification

If you believe there is content on this website that violates copyright law, please let us know.  Send us an email or letter that includes the following: 1) identification of the work claimed to have been infringed; 2) identification of the material that is claimed to be infringing; 3) your address, telephone number, and e-mail address; 4) a statement that you have a good faith belief that the use of the material is not authorized by copyright law; 5) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed; and 6) a physical or electronic signature.  The notice should be sent to our designated agent, Chris Coelho, via email at eapresident2015@gmail.com.

If you believe material that you posted to this website was not infringing, you can submit a counter-notification.  Please submit the material to the designated agent above, and include 1) the URLs of material that BAAQMD EA has removed; 2) your full name, address, telephone, and email address; 3) the following statement: "I consent to the jurisdiction of the United States district court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which BAAQMD EA is located, and will accept service of process from the claimant.  I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." BAAQMD EA is located in the Northern District of California (N.D. Cal.), and 4) a scanned signature or electronic signature.  The notice should be sent to our designated agent, Chris Coelho, via email at eapresident2015@gmail.com.

Any person that knowingly materially misrepresents that any material or activity is infringing, or knowingly misrepresents that any material or activity was moved or disabled by mistake, may be subject to liability for damages.  You must evaluate whether the material makes fair use of the copyright.  BAAQMD EA reserves the right to review the allegedly infringing material and independently determine whether it is infringing.

The information provided in your legal notice may be forwarded to the person who provided the allegedly infringing content, and in the case of a counter-notification, the person who submitted the original claim of copyright infringement.

After we sent the counter-notification, the claimant will have 10 business days in which to notify us that they have filed an action seeking a court order to restrain the user from engaging in infringing activity related to the material on BAAQMD EA’s website.  If we do not receive such notification, generally we will reinstate the material.

Repeat infringers may be terminated.

4. Disclaimer

a. The materials on BAAQMD EA's web site are provided "as is."   BAAQMD EA makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, BAAQMD EA does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

5. Limitations

In no event shall BAAQMD EA or its suppliers be liable for any damages, including but not limited to any consequential damages, arising out of the use or inability to use the materials on BAAQMD EA's Internet site, even if BAAQMD EA or a BAAQMD EA authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

6. Revisions and Errata

The materials appearing on BAAQMD EA's website may include technical, typographical, or photographic errors. BAAQMD EA does not warrant that any of the materials on its website are accurate, complete, or current. BAAQMD EA may make changes to the materials contained on its website at any time without notice. BAAQMD EA does not, however, make any commitment to update the materials.

7. Links

BAAQMD EA has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by BAAQMD EA of the site. Use of any such linked website is at the user's own risk.

8. Site Terms of Use Modifications

BAAQMD EA may revise these terms of use for its website at any time. If we make any substantive changes to your policies, we will post a notice on this website.  By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

9. Governing Law

Any claim relating to BAAQMD EA's web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

10. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

·         The website may temporarily log standard technical information, such as the numerical Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; and the Internet address of the website from which you followed a link to our site.  This information is typically kept for 48 hours to assist in diagnosing technical problems and defending the website from attacks.

·         We do not use persistent cookies on this site unless you log into the Action Center or use "Remember Me" or other similar functionality. We may use session cookies from time to time. Session cookies expire when you close your browser. You can set your browser to refuse cookies, and use Tor if you wish to keep your IP number and other technical information anonymous.

·         Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We may run surveys, contests, or similar activities through this site. Such information will be used for the purposes for which it was collected.  We may collect and retain information that you choose to submit to us.  It is up to you whether to submit information to us, and how much information to provide.  If you choose to register to write comments on the website, we may ask for certain information.

·         Our third-party service provider may place cookies on your computer to store information, such as technical information and account login information.  This information will remain under our control, and we will require the Provider to keep this information confidential and only disclosed to the Provider’s employees who require such access in the course of their duties.

·         We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.

·         We will only retain personal information as long as necessary for the fulfillment of those purposes.

·         We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.

·         Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.

·         We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.

·         We will make readily available to members information about our policies and practices relating to the management of personal information.

·         We may disclose personally identifiable information about you to third parties in limited circumstances, including 1) with your consent, 2) when we have a good faith belief that such disclosure is required by law, including in response to a subpoena or other judicial or administrative order.  If we are required to disclose such information, we will attempt to provide you with notice unless we are prohibited from doing so.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.