Terms of Use
BY ACCESSING AND/OR USING THE CAST IRON SOIL PIPE INSTITUTE WEBSITE, YOU EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, PLEASE EXIT THIS SITE IMMEDIATELY.
The Cast Iron Soil Pipe Institute (together with its employees, representatives, and agents, the “Institute”) maintains this site for your personal use, information, and education. Your use of this site is expressly subject to these Terms of Use. The Institute reserves the right at any time to change or discontinue any aspect or feature of this site. The Institute may at any time revise these Terms of Use, and you agree to be bound to any such revisions.
You may not modify, copy, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information, materials, software, designs, drawings, content, products or services from this site (collectively, “Content”) in any form without the Institute’s prior written permission. You may print out a copy of or download Content solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.
The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on this site are registered and unregistered Trademarks of the Institute and others. Nothing contained on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this site without the prior written permission of the Institute or such party that may own the Trademark. Your use of the Trademarks displayed on this site, or any other content on this site, except as provided in these Terms of Use, is strictly prohibited. The Institute reserves the right to enforce its intellectual property rights to the fullest extent of the law, including seeking criminal prosecution.
Your use of this site are at your sole risk, and you agree that the Institute, its members, and any other party involved in creating, producing or delivering this site is not liable to you for any damages whatsoever, including, but not limited to, direct, indirect, incidental, consequential, special or punitive damages arising out of your use of this site. Although the Content of this website is believed to be correct, the Institute makes no representations or warranties as to its completeness or accuracy. The Content is supplied upon the following conditions: the persons receiving it will determine its suitability for their purposes; the Institute will not be responsible for damages of any nature whatsoever resulting from the use of, or reliance upon, it; and NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OF ANY OTHER NATURE ARE MADE HEREUNDER WITH RESPECT TO THE CONTENT. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.
You will indemnify, defend and hold the Institute, its members, content providers, service providers and contractors (collectively, the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith.
These Terms of Use will be governed by the law of the Commonwealth of Massachusetts, without regard to its choice of law provisions. ANY LEGAL ACTION, SUIT OR PROCEEDING BROUGHT BY YOU IN ANY WAY ARISING OUT OF THESE TERMS OF USE OR OTHERWISE WITH RESPECT TO THIS SITE MUST BE BROUGHT SOLELY AND EXCLUSIVELY IN THE FEDERAL OR MASSACHUSETTS STATE COURTS LOCATED IN SUFFOLK COUNTY, MASSACHUSETTS.
If any provision of these Terms of Use held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
APPLICATION END USER LICENSE AGREEMENT
1. DEFINITIONS
1.1 Users – individuals who engage services via the CISPI App or mobile application.
1.2 App – mobile application provided by CISPI for use by Users
1.3 CISPI – Cast Iron Soil Pipe Institute
2. ELECTRONIC COMMUNICATIONS
2.1 Upon downloading the App you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in this App. You agree that all agreements, notices, disclosures and other communications, that we provide to you electronically, satisfy any legal requirement that such communications be in writing.
2.2 By using the App, you also agree to receive any email communications necessary to provide the services you have requested. You also hereby agree that any and all communications from CISPI are administrative in nature and are not advertisements or solicitations for goods or services in any way.
3. TERMS OF USE
3.1 CISPI, provides service to you subject to the following conditions. If you download the App, or use such App in any capacity, you hereby accept these conditions. In addition, when you use any current or future CISPI service, you also will be subject to the guidelines and conditions applicable to such service. The terms of use apply to Users of our App, Users of CISPI’s services, and information we collect from Users of the App.
3.2 CISPI grants Users a limited license to access and make personal use of this App and not to reverse engineer or modify it, or any portion of it, except with express written consent of CISPI. This license does not include any resale or commercial use of this App or its contents; any derivative use of this App or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. This App or any portion of this App may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of CISPI. You may not enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of CISPI or its affiliates without the express written consent of CISPI. Any unauthorized use terminates the permission or license granted by CISPI. You may not use any logo or other proprietary graphic or trademark of CISPI or its affiliates, as part of the link without our express written permission.
3.3 The services provided in the App are provided subject to these Terms of Use. Users who use the services provided in this App retain responsibility for confirming service of process, scheduling made through the portal, and authority for any record retrieval request.
4. CISPI OBLIGATIONS TO THE USER
4.1 With effect from the date of this End User License Agreement between Users and CISPI, CISPI shall agree to:
4.1.1 Use commercially reasonable efforts to maintain the security and the integrity of the App, as well as User data, as included on the App.
4.1.2 CISPI will be entitled to make any changes to the App, that it deems necessary, in order to enhance or improve the usability or quality of the App, so long as those changes do not materially impact the User’s usage.
4.1.3 Notwithstanding all of the above, CISPI will assume no responsibility or liability for any failures of the system (technical or otherwise), to provide the services agreed herein; however, CISPI will reasonably endeavor to facilitate the workings of the App for User usage as agreed.
5. USER OBLIGATIONS TO CISPI
5.1 The User shall not use the App for any of the following purposes:
5.1.1 Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
5.1.2 Posting, transmitting or otherwise communicating material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable law, regulations or code of practice;
5.1.3 Posting, transmitting or otherwise communicating any false, inaccurate, misleading, defamatory or libelous material or message of any kind;
5.1.4 Interfering with any other person’s use or enjoyment of the App;
5.1.5 Interfering with or disrupting the integrity and performance of the App or the data contained therein;
5.1.6 Accessing or attempting to access any function of the App, or its related systems or networks, other than that which the User is authorized to so access under the terms of this Agreement;
5.1.7 Sending or storing any Malicious Code.
6. WARRANTY DISCLAIMER
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE CISPI APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS WARRANT THAT (i) USE OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION OR CONTENT PROVIDED ON OR THROUGH THE APPLICATION IS ACCURATE, RELIABLE OR CURRENT. IF YOUR USE OF THE APPLICATION OR THE CONTENT RESULTS IN PROPERTY DAMAGE, PERSONAL INJURY OR ANY OTHER LOSS RESULTING FROM THE USE OR MISUSE OF THE APPLICATION. WE ARE NOT RESPONSIBLE FOR THOSE COSTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE APPLICATION (‘SERVICES’) ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CISPI HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CISPI DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CISPI OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE ANY WARRANTIES. SHOULD THE APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7. LIMITATION OF LIABILITY
7.1 UNDER NO CIRCUMSTANCES SHALL THE CAST IRON SOIL PIPE INSTITUTE (“CISPI”) OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS APPLICATION BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, PROPERTY DAMAGE, PHYSICAL INJURY, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE APPLICATION. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
7.2 THE USER UNDERSTANDS AND AGREES THAT THE APPLICATION PROVIDED BY CISPI UNDER NO CIRCUMSTANCES IS A SUBSTITUTE FOR AN ENGINEERING EVALUATION. THE USER AGREES THAT THIS APPLICATION IS NOT A COMPLETE ENGINEERING REFERENCE ADDRESSING ALL ASPECTS OF DESIGN AND INSTALLATION. You understand and agree that CISPI will not be liable for property damage, personal injury or any other loss resulting from the use or misuse of the application.
8. INTELLECTUAL PROPERTY
This application may contain logos, trademarks, content, information and material that is proprietary to CISPI and are protected by intellectual property and other laws, including but not limited to copyright, and you agree that you will not use these logos, trademarks, content, information and materials in any way whatsoever except for permitted use of the application and terms of service. Furthermore you agree not to modify, rent, lease, loan, sell, distribute the logos, trademarks, content, information and material that is contained in this application and service. No portion of this application may be reproduced in any form or means other than by CISPI.
9. APPLICABLE LAW
By downloading the App, you agree that the laws of the Commonwealth of Massachusetts, without regard to principles of conflict of laws, will govern this End User License Agreement and any dispute of any sort that might arise between you and CISPI.
10. NOTIFICATION OF CHANGES
If CISPI needs to change any other aspect of this End User License Agreement, such changes will be presented via messaging within this App along with the effective date of those changes.
11. TERMINATION OF AGREEMENT
You understand that CISPI reserves the right to terminate this service at any time, and will terminate the use of this service if you fail to comply with any term(s) of this service. Furthermore, CISPI reserves the right to update this application at any time and without notice.
12. WAIVER
The failure, refusal or neglect by CISPI to exercise any right, power or option provided for herein, shall not be deemed a waiver of any right, power or option hereunder. Any waiver of any right or default hereunder, shall be effective only if made in writing and in the instance given, and shall not operate as or imply a waiver of any similar right or default on any subsequent occasion.
13. COMPLETE AGREEMENT
This Agreement contains the entire understanding between you and CISPI as to its subject matter, and supersedes all other (including prior) agreements, arrangements representations, warranties conditions or other terms in relation to its subject matter, and may not be modified except in writing executed by both parties
14. SEVERABILITY
Any clause, provision, or portion of this End User License Agreement which is held to be invalid, void, illegal or otherwise unenforceable under any law or by any court, arbitrator, or other proceeding, shall be amended to the extent required to render it valid, legal and enforceable, or deleted if no such amendment is feasible; and such amendment or deletion shall not affect the enforceability of the remaining provisions hereof.
15. RELATIONSHIP OF THE PARTIES
The relationship of the parties established by this End User License Agreement is of licensor and licensee or independent contractors, and nothing in this Agreement shall be construed to give either party the power to direct or control the daily activities of the other party; or constitute the parties as principal and agent, employer and employee, partners, participants in a joint venture, co-owners or otherwise as participants in a joint undertaking. The parties understand that, except as specifically provided for in this End User License Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on its behalf, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on its behalf, or to transfer, release, or waive any of its rights, title or interests.