SPCC PLAN TOOL USERS AGREEMENT
This Agreement governing the terms and conditions of your use of this
Spill Prevention Control and Countermeasure Plan template document
(“SPCC Plan Tool”) is entered into by and between the Society of
Chemical Manufacturers and Affiliates, Inc. (“SOCMA”), and You. By
selecting the “I Accept” option below, You indicate that You understand
and intend this Agreement to be the legal equivalent of a signed,
written contract and equally binding, and that You accept the terms and
conditions in this Agreement and agree to be legally bound by them.
The parties agree as follows:
- Grant of License. SOCMA grants You and your company a
personal, revocable, nonexclusive, nontransferable license to use the
SPCC Plan Tool conditioned on Your and your company’s continued
compliance with the terms and conditions of this Agreement. You and
others within your company may print and download the SPCC Plan Tool
solely for your company’s use, provided that all hard copies contain all
copyright and other applicable notices contained in such materials and
information. As a further condition of use of the SPCC Plan Tool, You
and your company warrant to SOCMA that You and your company will not use
the SPCC Plan Tool for any purpose that is unlawful or otherwise
prohibited by this Agreement. You and your company are prohibited from
sublicensing or otherwise sharing, disclosing, or making the SPCC Plan
Tool available to third parties (other than consultants directly engaged
by your company as necessary for any such consultants to assist your
company with implementing the Spill Prevention Control and
Countermeasure Plan) or granting to any person any right to print,
download copy or otherwise use the SPCC Plan Tool. You and your company
are responsible for ensuring that your company’s consultants are aware
of the restrictions set forth in this Agreement and that such
consultants comply therewith.
- Ownership of SPCC Plan Tool. You acknowledge and agree
that SOCMA is the sole and exclusive owner of the SPCC Plan Tool, and
that You and your company shall not take any actions which are
inconsistent with SOCMA’s ownership rights including, but not limited
to, challenging SOCMA’s rights.
- Use Contingent Upon Compliance; Termination. Your and
your company’s use of the SPCC Plan Tool is contingent upon compliance
with this Agreement. This Agreement and the license to use the SPCC
Plan Tool will terminate upon Your or your company’s non-compliance with
this Agreement. Notwithstanding anything to the contrary in this
Agreement, SOCMA may terminate this Agreement (including, without
limitation, the license to use the SPCC Plan Tool) for convenience at
any time, without notice. Upon termination of this Agreement, You and
your company shall immediately discontinue the use of the SPCC Plan
- Disclaimer. SOCMA is providing the SPCC Plan Tool as a
resource and is making it available only for informational purposes to
be used at Your own business discretion. SOCMA cannot accept any
responsibility for the information in the SPCC Plan Tool and it is
provided "as is" and without warranty. SOCMA disclaims liability for any
errors, either typographical or otherwise as well as any liability for
any damage that may result from the use of the SPCC Plan Tool.
- Warranties; Limitation of Liability. The SPCC Plan Tool
provided “AS IS” and on an “AS AVAILABLE” basis. SOCMA HEREBY DISCLAIMS
ALL WARRANTIES OF ANY NATURE, EXPRESS, IMPLIED OR OTHERWISE, OR ARISING
FROM TRADE OR CUSTOM, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, QUALITY, TITLE, FITNESS
FOR A PARTICULAR PURPOSE, COMPLETENESS OR ACCURACY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, SOCMA SHALL NOT
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, DIRECT, INDIRECT OR
CONSEQUENTIAL DAMAGES OR LOSS OF USE, LOST OR DAMAGED DATA OR LOST
INCOME OR PROFITS, RESULTING FROM OR ARISING OUT OF YOUR OR YOUR
COMPANY’S USE OF THE SPCC PLAN TOOL, WHETHER ARISING IN TORT, CONTRACT,
STATUTE, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOCMA’s total liability to you for any reason shall be limited
to the amount You actually paid to SOCMA for access and use of the SPCC
- Confidentiality. You acknowledge and agree that You and
your company are expressly prohibited from disclosing, publishing,
reproducing, or transmitting the SPCC Plan Tool to third parties, in
whole or in part, in any form or by any means, verbal or written,
electronic or mechanical, for any purpose, without the prior express
written permission of SOCMA, except as specifically set forth in Section
1 with respect to consultants who only use the SPCC Plan Tool as
necessary to assist your company with implementing the Spill Prevention
Control and Countermeasure Plan.
- Indemnification. You and your company hereby indemnify,
defend, and hold SOCMA, its successors and assigns, and its directors,
committee members, officers, employees, members, representatives and
agents, harmless from and against any and all loss, liability, damage,
claim, suit, demand and expense, including, but not limited to, taxes,
fines, penalties, court costs and attorneys fees, arising in connection
with or related to Your or your company’s use of the SPCC Plan Tool
and/or any of Your or your company’s acts or omissions (including,
without limitation, any breach of this Agreement).
- Agency. No association, agency, apparent agency,
employer/employee relationship, partnership, or joint venture of any
kind is created by this Agreement. SOCMA is not responsible for Your or
your company’s acts or omissions, nor may You or your company speak or
act for, or otherwise legally bind, SOCMA.
- Governing Law; Jurisdiction. This Agreement shall be
construed in accordance with the laws of the District of Columbia,
U.S.A. without giving effect to principles of conflicts of law
thereunder. Exclusive jurisdiction for any claim or dispute between the
parties resides in the federal or municipal courts in the District of
Columbia, U.S.A., and the parties agree and expressly consent to the
exercise of personal jurisdiction in the District of Columbia, U.S.A.
- Attorney’s Fees. In addition to all other remedies and
damages, SOCMA shall be entitled to recover from You and your company
all of SOCMA’s costs and expenses, including attorneys’ fees, in
enforcing this Agreement.
- Severability. If any part of any
provision of this Agreement shall be invalid or unenforceable under
applicable law, said part shall be ineffective to the extent of such
invalidity or unenforceability only, without in any way affecting the
remaining parts of said provision or the remaining provisions of said
- Entire Agreement. This Agreement constitutes the entire
agreement between the parties with respect to the subject matter
contained herein, supersedes all previous negotiations or proposals, and
may only be modified by an amendment executed in writing by both
- Waiver. Neither the waiver by any of the parties hereto
of a breach of or a default under any of the provisions of this
Agreement, nor the failure of any of the parties, on one or more
occasions, to enforce any of the provisions of this Agreement or to
exercise any right or privilege hereunder shall thereafter be construed
as a waiver of any subsequent breach or default of a similar nature, or
as a waiver of any of such provisions, rights or privileges hereunder.
- Headings. The titles and headings of the paragraphs in
this Agreement are intended solely for convenience of reference and are
not intended for any other purpose whatsoever.
Click the I ACCEPT button on the order form to symbolize your signature and to accept these terms. Clicking the I ACCEPT button will form a valid contract between You and SOCMA.
You must click I ACCEPT to download and use the SPCC Plan Tool.
Purchase a copy of the SPCC Plan Template.