ACCEPTANCE OF TERMS
The Services (defined below) that Department of Environment Quality (DEQ) Clean Fuels Program (CFP) provides are subject
to the following Terms of Use. DEQ reserves the right to update the Terms of Use at any time without
notice to you. The most current version of the Terms of Use will be provided to you upon request and
is available when you login to the system. You are responsible for checking the DEQ website for
updates to the Terms of Use and are responsible for reading and understanding those changes. If you
do not agree to the changes or Terms of Use, you must stop using the Services. Your continued use of
the Services constitutes acceptance of changes to the Terms of Use.
DESCRIPTION OF SERVICES
DEQ provides you with access to the web-based reporting tool for the CFP and the Greenhouse Gas Reporting Program(collectively "Services"). The Services, including any updates, enhancements or new features, are subject to these Terms of Use.
USE LIMITATIONS
You may only use these Services for its intended use of complying with the reporting requirements of the Clean Fuels Program and the Greenhouse Gas Reporting Program. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from these Services.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
DEQ is committed to protecting the security of your personal and company information. We use a variety of
security technologies and procedures to help protect your personal and company information from unauthorized
access, use or disclosure. Access to personal and company information is limited to authorized system
administrators and application developers. DEQ will treat the information you provide as confidential, except
as may be required to be disclosed under the Oregon Public Records Law.
NOTICE SPECIFIC TO USERS OF THIS SOFTWARE
In no event shall DEQ, or its respective suppliers be liable for any special, indirect or consequential
damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of
contract, negligence or other tortuous action, arising out of or in connection with the use or performance
of software, documents, provision of or failure to provide services or information available from the
services.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
To connect to the Services, you completed the online registration process. Once your account is approved,
your selected username and password can be used to access the system. You will be required to change the
password on a regular basis. You are entirely responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely responsible for any and all activities that occur
under your account. You agree to notify DEQ immediately of any unauthorized use of your account or any
other breach of security. DEQ will not be liable for any loss that you may incur as a result of someone
else using your password or account, either with or without your knowledge. However, you could be held
liable for losses incurred by the DEQ or another party due to someone else using your account or password.
You may not use anyone else's account at any time. DEQ reserves the right, in its sole discretion, to
terminate your access at any time, without notice.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful
or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could
damage, disable, overburden or impair any State of Oregon server or the network(s) connected to any State of
Oregon server or interfere with any other party's use of any Services. You may not attempt to gain unauthorized
access to any Services, other accounts, computer systems or networks connected to any State of Oregon server
or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt
to obtain any materials or information through any means not intentionally made available through the Services.
GENERAL TERMS
The laws of the State of Oregon govern all matters arising out of or relating to these Terms of Use. Any claim,
action, suit or proceeding (collectively, "Claim") between DEQ and you that arises from or relates to use of
the Service shall be brought and conducted solely and exclusively within the Circuit Court of Marion County
for the State of Oregon; provided, however, if a Claim must be brought in a federal forum, then it shall be
brought and conducted solely and exclusively within the United States District Court for the District of
Oregon. In no event shall this be construed as a waiver by DEQ of any form of defense or immunity, whether
it is sovereign immunity, governmental immunity, immunity based on the Eleventh Amendment to the Constitution
of the United States or otherwise, from any Claim or from the jurisdiction of any court. USER, BY USING THE
SERVICE, HEREBY CONSENTS TO THE IN PERSONAM JURISDICTION OF SAID COURTS.