Please read this Agreement carefully before accessing or using the website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by ARC, acceptance is expressly limited to these terms.
Your AppalachiaNRC.arc.gov Account and Site. If you create a forum on the website, you are responsible for maintaining the security of your account and the forum, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the forum. You must not describe or assign keywords to your forum in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and ARC may change or remove any description or keyword that it considers inappropriate or unlawful. You must immediately notify ARC of any unauthorized uses of your forum, your account, or any other breaches of security. ARC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you comment on a forum, post material to the website, post links on the website, or otherwise make (or allow any third party to make) material available by means of the website (any such material, “Content”), you are entirely responsible for the Content, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, or an audio file. By making Content available, you represent and warrant that:
The downloading, copying, and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party;
If your organization has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your organization a waiver as to all rights in or to the Content;
You have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
The Content does not contain or install any viruses, worms, malware, Trojan horses, other harmful and destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third-party sites or boost the search engine rankings of third-party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
The Content is not pornographic, libelous, or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
Your forum is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other forums and web sites, and similar unsolicited promotional methods;
Your forum is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your forum’s URL or name is not the name of a person other than yourself or company other than your own; and
You have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses, and effects of the materials, whether requested to do so by ARC or otherwise.
Use or Reproduction of Material from the ARC Website Works prepared by ARC employees in the scope of their employment are not subject to copyright protection. These works are in the public domain and may be copied and distributed without permission. For example, the country, state, and regional maps on this website, which were created by ARC employees, are in the public domain and may be used without permission. We request that you cite the Appalachian Regional Commission as the source and provide the URL.
Please be aware that other material on this website is not in the public domain, such as material produced by contractors, and maps, and other material on websites linked to this site. Copying such protected materials on this website, except for the purposes of fair use as defined in copyright law, is prohibited. It is the responsibility of individuals wishing to use information from the ARC site to seek appropriate professional counsel about the proper use of material restricted by copyrights or other limits of law.
Unauthorized commercial publication or exploitation of protected text, images, content, or other materials from this website is prohibited. Anyone wishing to use any of the protected materials on this website for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the individual intellectual property right holder(s).
Works Created by Contractors Individuals interested in copying or distributing research reports, and other work produced by ARC contractors or partners, should contact the ARC Communications Director or the Deputy General Counsel.
Use of ARC Logo or Seal The ARC logo may not be used or reproduced without written permission from ARC.
Responsibility of Website Visitors. ARC has not reviewed, and cannot review, all of the material posted to the website, and cannot, therefore, be responsible for that material’s content, use or effects. As Hargrove International is operating the Website, ARC does not represent or imply that it endorses the material there posted. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, malware, Trojan horses, other potentially harmful and destructive content. Hargrove International, Inc. and ARC disclaim any responsibility for any harm resulting from the use by visitors of the website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. Hargrove International, Inc. has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages that link to AppalachiaNRC.com. ARC does not have any control over those on AppalachiaNRC.com websites and webpages and is not responsible for their contents or their use. By linking to a non-AppalachiaNRC.com website or webpage, ARC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, malware, Trojan horses, and other harmful and destructive content. ARC disclaims any responsibility for any harm resulting from your use of non-AppalachiaNRC.com websites and webpages.
Copyright Infringement and Digital Millennium Copyright Act (DMCA) Policy. If you believe that material located on or linked to by AppalaciaNRC.arc.gov violates your copyright, you are encouraged to notify Hargrove International, Inc. to review their Digital Millennium Copyright Act (”DMCA”) Policy. Hargrove International, Inc. will respond to all such notices, including as required or appropriate, by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who infringes the copyrights or other intellectual property rights of Hargrove International, Inc. or others, ARC may, at its discretion, terminate or deny access to and use of the website.
Intellectual Property. This Agreement does not transfer from ARC to you any third party intellectual property,. The AppalachiaNRC.arc.gov URL, the AppalachiaNRC.com logo, the Appalachian Regional Commission logo, and all other trademarks, service marks, graphics, and logos used in connection with AppalachiaNRC.com, or the website are trademarks or registered trademarks of ARC or Hargrove International, Inc.
Changes. ARC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. ARC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. You may terminate your account on AppalachiaNRC.com at any time by contacting [email address here]. You are solely responsible for terminating your account, this Agreement, and your subscription authorization agreement. Hargrove International, Inc. and ARC are not responsible for your failure to properly terminate your account.
ARC may terminate the Website immediately as part of a general shut down of service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is”. ARC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither ARC nor its suppliers and licensors make any warranty that the Website will be error-free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will ARC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for (i) any special, incidental, or consequential damages; (ii) the cost of procurement of substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ARC under this agreement during the twelve (12) month period prior to the cause of action. ARC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with ARC Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental areas, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to defend, indemnify and hold harmless ARC, Hargrove International, Inc., its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between ARC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ARC, or by the posting by ARC of a revised version. The Agreement shall be governed by the laws of the United States.