AGREEMENT BETWEEN USER AND THE LITMUS PROJECT

The Litmus Project website is comprised of various web pages operated by the American Chemical Society (ACS) Member Insurance Program.

The Litmus Project website is offered to you conditioned upon your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Litmus Project website constitutes your agreement to all such terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

The ACS Member Insurance Program reserves the right to change the terms, conditions, and notices under which the Litmus Project website is offered, including but not limited to the charges associated with the use of the Litmus Project website.

LINKS TO THIRD PARTY SITES

The Litmus Project website may contain links to other websites ("linked sites") that are not under the control of the ACS Member Insurance Program and Pearl Insurance. The ACS Insurance Program is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. The ACS Member Insurance Program is not responsible for webcasting or any other form of transmission received from any linked site. The ACS Member Insurance Program is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the ACS Member Insurance Program of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Litmus Project website, you warrant to the ACS Member Insurance Program that you will not use the Litmus Project website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Litmus Project website in any manner that could damage, disable, overburden, or impair the Litmus Project website, or interfere with any other party's use and enjoyment of the Litmus Project website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Litmus Project website.

USE OF COMMUNICATION SERVICES

The Litmus Project website may contain social media platforms, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

The ACS Member Insurance Program has no obligation to monitor the Communication Services. However, the ACS Member Insurance Program reserves the right to review materials posted to a Communication Service and to remove any materials at its sole discretion. The ACS Member Insurance Program reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The ACS Member Insurance Program reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in the ACS Member Insurance Program’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The ACS Member Insurance Program specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized ACS Member Insurance Program spokespersons, and their views do not necessarily reflect those of the ACS Member Insurance Program.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO THE LITMUS PROJECT OR POSTED AT ANY LITMUS PROJECT WEBSITE

The ACS Member Insurance Program does not claim ownership of the materials you provide—including feedback and suggestion—or post, upload, input, or submit to any Litmus Project website or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, hashtagging or submitting your Submission, you are granting the ACS Member Insurance Program, its affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. The ACS Member Insurance Program is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the ACS Member Insurance Program’s sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

LIABILITY DISCLAIMER

The information, software, products, and services included in or available through the Litmus Project website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The ACS Member Insurance Program and/or its suppliers may make improvements and/or changes in the Litmus Project website at any time. Advice received via the Litmus Project website should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.

The ACS Member Insurance Program and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the Litmus Project website for any purpose. To maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The ACS Member Insurance Program and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, in no event shall the ACS Member Insurance Program and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Litmus Project website, with the delay or inability to use the Litmus Project website or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Litmus Project website, or otherwise arising out of the use of the Litmus Project website, whether based on contract, tort, negligence, strict liability, or otherwise, even if the ACS Member Insurance Program or any of its suppliers has been advised of the possibility of damages.

Because some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Litmus Project website, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Litmus Project website.

SERVICE CONTACT: customerservice@acsplanadministrator.com

COPYRIGHT NOTICE:

All contents of the Litmus Project website are: © Copyright 2016 by the American Chemical Society and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to the service provider's designated agent. All inquiries not relevant to the following procedure will receive no response. See Notice and Procedure for Making Claims of Copyright Infringement.