PRBA – The Rechargeable Battery Association has set out these terms of Use, which govern your use of this Site. We also include our online Privacy Policy below to inform you about how we use personal information that you provide to us via this Site. Please read this Terms of Use statement and our Privacy Policy carefully before using this Site. Your use of this Site constitutes your agreement to these Terms of Use and our Privacy Policy.
PRBA reserves the right, in its sole discretion, to modify, alter, or otherwise change these Terms of Use or our Privacy Policy at any time with or without notice. Please review the Terms of Use statement and our Privacy Policy periodically for changes. Your continued use of the Site constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must immediately discontinue use of the Site.
DISCLAIMER OF WARRANTIES. Although PRBA attempts to provide accurate information, PRBA does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. PRBA MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
PRBA, ITS MEMBERS, OFFICERS, REPRESENTATIVES, SUPPLIERS AND SERVICE PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. PRBA UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF ANY INFORMATION PROVIDED ON THE SITE.
LIMITATION ON LIABILITY. UNDER NO CIRCUMSTANCES WILL PRBA, ITS AFFILIATES, SUPPLIERS, OR ANY OTHERS INVOLVED IN CREATING THIS SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THIS SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED PRBA IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
USE OF INTELLECTUAL PROPERTY. The Site, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, software, PRBA logos, titles, characters, names, and button icons (collectively the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by PRBA or by other parties that have provided rights thereto to PRBA. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by PRBA.
You may browse through the Site and occasionally download small amounts of material appearing on the Site that are of personal interest to you for your personal, non-commercial use. When you do, you must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Other trademarks, service marks, product names, and company names or logos appearing on the Site that are not owned by PRBA may not be used without express permission from their owners.
PROPER USE OF OUR SITE. You may not use this Site for any purpose that is unlawful or prohibited by this Terms of Use statement, or cause damage on or through the Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. Your access to the Site may be terminated immediately in PRBA’s sole discretion, with or without notice, if you fail to comply with any provision of this Terms of Use statement.
MODIFICATION/TERMINATION BY PRBA. PRBA reserves the right, in its sole discretion, to modify, suspend, or terminate the Site and/or any portion thereof at any time for any reason with or without notice to you. PRBA shall not be liable to you or any third party for any termination of your access to the Site.
INDEMNIFICATION. You agree to indemnify, defend, and hold harmless PRBA, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney’s fees, resulting from your use of the Site in a manner that violates or is alleged to violate these Terms of Use, any applicable law, or any warranty you provide herein, or otherwise arising in any way out of your use of the Site. PRBA reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with PRBA in asserting any available defenses.
LINKS/FRAMES. The Site may contain links to Web sites operated by third parties and may also provide third party content on our Site by “framing” or other methods. PRBA does not monitor or control the content of any linked or framed sites and makes no representations regarding, and is not liable or responsible for, the accuracy, completeness, timeliness, reliability or availability of any of the content uploaded, displayed, or distributed, or products or services available at these sites. If you choose to access any third party site or rely on information found within third party content appearing on this Site, you do so at your own risk. The presence of a link to a third party site does not constitute or imply PRBA’s endorsement, sponsorship, or recommendation of the third party or of the content, products or services contained on, or available through, the site.
FEEDBACK AND SUBMISSIONS. Except as described below in this Site’s Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called “moral rights” have been waived. If any court determines that PRBA does not retain exclusive ownership of any such material, information, or ideas, then PRBA retains a non-exclusive license to use them.
PRIVACY POLICY. PRBA knows that privacy is a major concern of visitors to our Site. Our Privacy Policy describes the personally identifiable information we collect on our Site, how we use it, and when we share it with third parties. This Policy applies only to personally identifiable information collected via this Site, and does not apply to information that is collected offline. This Privacy Policy is effective as of March 1, 2007.
Personal Information Generally
You can send us your personally identifiable information in a variety of ways. If you communicate with us by email or through an online form on this Site, we will collect your name, email address, and any additional information that you choose to provide.
We use your personal information to provide you with the information or services that you have requested. We also may use this information in order to contact you as part of a promotion and to develop products, services, and marketing programs. This process may include combining personal data drawn from online and offline sources. We do not sell or rent to third parties any of the personally identifiable information that consumers provide to us online, but we may share your information with our affiliates, agents, advisors and business partners, as permitted by law. We may need to share your information with these third parties in order to fulfill your requests.
Cookies
Like many other Web sites, we use “cookies” technology to improve your experience at our Site. Cookies are small pieces of data that we may place in your computer’s browser to store your preferences or helps remember information you previously gave us. This allows us to customize the Site for you. Cookies themselves do not identify you personally, but may be linked to personally identifiable information that you provide to us through your interaction at our Site. You may set your browser not to accept cookies, but if you do so, certain areas of our Site may not function properly on your computer. We also may use Web beacon or other technologies to tailor our Site to provide better customer service. When a visitor accesses pages in which Web beacons are in use, a non-identifiable notice of that visit is generated which may be processed by us. These Web beacons usually work in conjunction with cookies. If you turn off cookies, Web beacon and other technologies will still detect visits to these pages, but the notices they generate cannot be associated with other non-identifiable cookie information and are disregarded.
Required and Authorized Disclosures
We will disclose personally identifiable information to law enforcement agencies or others if we believe we are legally required to do so. In addition, certain legal authorizations allow us to disclose personally identifiable information in emergency situations. We may also make disclosures that are necessary or advisable to protect the rights, safety or property of PRBA or others.
Children’s Privacy
PRBA recognizes the importance of protecting the privacy of children. We do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults, and your disclosure of personally identifiable information to this Site is your representation to us that you are an adult.
Sale of Company or Assets
The compilation of information collected through our Site is considered a trade secret of PRBA. As the owner of such information, we may disclose, transfer, or sell the information to one or more third parties as an asset of the company in conjunction with due diligence for or completion of a merger, reorganization, recapitalization, financing or sale of PRBA or a portion of our assets, debt or equity. Changes to this Privacy Policy might also result from changes in our corporate status.
Links to Other Sites
As indicated above, our Site may provide links to Web sites not operated by PRBA. PRBA has no control or authority over these third party sites, and we assume no responsibility for their privacy practices. We recommend that you review a third party site’s privacy policy before submitting information.
GENERAL LEGAL PROVISIONS.
PRBA’s Terms of Use statement and Privacy Policy, and any disputes arising under or related to these documents or this Site, shall be governed by, construed and enforced in accordance with the laws of the District of Columbia, without regard to conflict of law principles. Any such dispute shall be resolved exclusively in the courts in the District of Columbia, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the District of Columbia for any legal proceeding involving the Site, regardless of who initiated the proceeding.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability in some circumstances. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall PRBA’s aggregate liability to you or any third party for damages, losses, and causes of action involving this Site or its content exceed the amount paid by you, if any, for accessing the Site or $100, whichever is less. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
No delay or failure by PRBA to enforce any of these Terms of Use or Privacy Policy provisions shall constitute a waiver of any of our rights under these documents. Neither the receipt of any funds by PRBA nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use or Privacy Policy. Only a specific, written waiver signed by an authorized representative of PRBA shall have any legal effect.
If any provision of this Terms of Use statement or Privacy Policy, or the application thereof to any person or circumstance, is held invalid or for any reason unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect.
CONTACT. If you have questions regarding our Terms of Use statement or our Privacy Policy, please contact us by sending an email to [email protected], calling us at 202.719.4987 or writing to us at PRBA – The Rechargeable Battery Association, 1776 K Street NW, Washington, D.C. 20006.