California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 10 - Climate Change › Article 5 - California Cap on Greenhouse Gas Emissions and Market-Based Compliance Mechanisms › Appendix B - CITSS User Terms and Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
ACCESS AGREEMENT AND TERMS OF USE FOR THE CITSS
SIGN THE BOTTOM OF THE PAGE TO INDICATE YOUR ACCEPTANCE
						OF THIS AGREEMENT.
Access to the Compliance Instrument Tracking System
						Service (CITSS) is subject to the terms and conditions set forth in this Access
						Agreement and Terms of Use (Agreement). You must accept this Agreement in order
						to access the CITSS application. Violation of this agreement may result in loss
						of access to CITSS and, if warranted, civil or criminal prosecution under
						state, provincial, or federal law.
This Agreement is between the State of California, Air
						Resources Board (ARB) and each registered California user of Compliance
						Instrument Tracking System Service (User). The Agreement sets forth the terms
						of use of CITSS. ARB provides User with access to the CITSS software
						application, for registering entities and holding compliance instrument. User
						understands and agrees that CITSS is provided "AS IS" and without any warranty,
						as set forth below in greater detail.
1. CITSS Use
1.1 ARB and WCI, Inc. hereby grant to User, and User
						hereby accepts, subject to the terms and conditions set forth in this
						Agreement, a non-exclusive and non-transferable right to access CITSS via the
						world-wide-web or the internet at times when the software and servers are
						available and operating.
1.2 User further acknowledges that it is not authorized
						to and may not possess or distribute any or all parts of the CITSS software,
						including its source codes and program components. User is not authorized to
						install, run or operate CITSS on User's or third-party computers or
						servers.
1.3 User is solely responsible for ensuring that all
						information, data, text, or other materials that User provides to ARB or WCI,
						Inc. through use of CITSS (Content) are true, accurate, and complete and comply
						with ARB's requirements for the compliance with the cap-and-trade program under
						the California Cap on Greenhouse Gas Emission and Market-Based Compliance
						Mechanisms (Regulation) (Title 17, California Code of Regulations (CCR),
						Sections Title 17, California Code of Regulations (CCR), Sections
						98000 et sq.).
1.4 User understands that ARB will retain and use the
						Content consistent with the applicable Regulation(s) and may disclose Content
						to the public to the extent the disclosure is required by California law or
						legal process, or to the extent that disclosure is not prohibited by California
						law.
1.5 ARB has included (as part of CITSS) security features
						including password protection to prevent a person other than the User from
						obtaining access through CITSS to User's Content. User understands that these
						security features depend on User protecting its password from disclosure to
						unauthorized persons. User also understands and acknowledges that despite
						security measures to prohibit unauthorized access to the Content through CITSS,
						unauthorized access could occur and in the event it does, ARB or WCI, Inc. may
						not be held liable for the unauthorized release of information, data, text or
						other materials that have been submitted to ARB using CITSS.
1.6 ARB does not endorse or provide support for software
						or web-based interfaces offered by third parties for purposes of submitting
						data to ARB. Use of a third-party interface or software product in order to
						access CITSS does not relieve the user of the need to ensure that information
						required by the applicable Regulation has been properly submitted to ARB and
						received by the applicable deadline and that all certifications required for
						use of CITSS have been submitted.
1.7 User is responsible for maintaining a copy of all
						data submitted to CITSS. The loss of electronic information, data, text, or
						other materials during use of CITSS or the unavailability of the CITSS system
						does not excuse User from the requirements in the applicable Regulation.
2. CITSS User Agreement The permission granted in Section
						1 above is expressly made subject
						to and limited by the following restrictions, in addition to the limitations
						and restrictions set forth in other sections of the Agreement:
2.1 User agrees not to access CITSS by any means other
						than using internet browsers.
2.2 User further agrees that it shall NOT:
a. Deliberately attempt to access any data, documents,
						email correspondence, or programs contained on systems for which User does not
						have authorization;
b. Engage in activity that may harass, threaten or abuse
						others, or intentionally access, create, store or transmit material which may
						be deemed offensive, indecent or obscene, or that is illegal according to
						local, state, provincial, or federal law;
c. Engage in activity that may degrade the performance of
						CITSS;
d. Deprive an authorized user access to CITSS;
e. Obtain extra resources or login privileges beyond
						those authorized;
f. Circumvent CITSS security measures;
g. Violate copyright law of copyrighted material;
h. Attempt to disassemble, decompile or reverse engineer
						CITSS;
i. Attempt to create derivative works based on
						CITSS;
j. Attempt to copy, reproduce, distribute or transfer
						CITSS;
k. Provide access to CITSS to any third parties for any
						improper purpose;
l
. Obtain for personal benefit, or
						engage in political activity, unsolicited advertising, unauthorized fund
						raising, or solicit performance of any activity that is prohibited by any
						local, state, or federal law.
2.3 User's right to access CITSS automatically terminates
						upon User's violation of any provisions of this Agreement.
2.4 User further agrees that it will immediately inform
						ARB or the CITSS administrator by emailing CACITSSHelpdesk@arb.ca.gov or
						calling at 916-324-7659 if any of the following occurs:
a. User observes any unauthorized access or misuse of
						CITSS;
b. User has any reason to believe that the security of
						their User ID, password, or security question(s) has been compromised;
c. User has any reason to believe that weaknesses in
						computer security, including unexpected software or system behavior, may result
						in unintentional disclosure of information or exposure to security
						threats.
2.5 User further agrees that:
a. User will maintain the security of their CITSS User
						ID, password, and security questions for use of the CITSS;
b. User will not disclose their CITSS User ID, password,
						and security questions information to anyone;
c. User will maintain an active email account listed in
						the CITSS at which User can receive important notifications of changes related
						to User's personal information or transfers involving any general account or
						compliance account that User represents as a Primary Account Representative,
						Alternate Account Representative, Account Viewing Agent, or other CITSS
						User;
d. Any submission User makes using the CITSS has and will
						have the same legal effect as if it were made in hardcopy form certified by
						User's handwritten signature.
2.6 If, at any time, User determines it is no longer able
						or willing to abide by the terms of this Agreement, User shall immediately
						cease all use of the CITSS and promptly notify ARB or the CITSS administrator
						in writing of its determination so that ARB or the CITSS administrator may
						formally suspend or revoke the User's access to the CITSS.
3. Disclaimer of Warranties
EXCEPT AS REQUIRED BY APPLICABLE LAW, THIS SERVICE IS
						MADE AVAILABLE ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND. ARB
						SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT
						LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
						PURPOSE WITH RESPECT TO THE SOFTWARE, OR ANY WARRANTIES REGARDING THE CONTENTS
						OR ACCURACY OF THE SOFTWARE.
4. Limitation on Liability
4.1 Except to the extent required by applicable law, in
						no event is ARB or WCI, Inc. liable to User on any legal theory for damages of
						any kind arising from the use of or the inability to use the CITSS, even if ARB
						or WCI, Inc. has been advised of the possibility of such damages. The
						unavailability of, or problems with the use of CITSS, does not excuse User from
						the reporting and compliance deadlines in the applicable Regulation.
5. Copyright and Proprietary Information 5.1 User shall
						not permit any person who is not registered as a User to access the CITSS and
						shall not copy, reproduce or distribute, or allow any other person to copy,
						reproduce or distribute, the CITSS, in whole or in part, without ARB's prior
						written consent.
6. Term
This Agreement commences upon User's acceptance of this
						Agreement and access to the CITSS for the first time. The Agreement shall
						terminate upon User's written notification to ARB under Section
						2.5 of this Agreement or upon
						other termination or discontinuation of User's access to the CITSS, except that
						Sections 3,
						4 and
						5 survive any termination of this
						Agreement. ARB reserves the right to terminate this Agreement at any time,
						subject to the exception that Sections
						3,
						4 and
						5 survive any termination of this
						Agreement.
7. Governing Law and General Provisions
This Agreement shall be governed by and construed in
						accordance with the laws of the State of California. The failure of ARB to
						exercise or enforce any right or provision of this Agreement shall not
						constitute a waiver of such right or provision. If any provision of this
						Agreement is found by a court of competent jurisdiction to be invalid, the
						parties agree that the court should endeavor to give effect to the parties'
						intentions as reflected in the provisions, and the other provisions of the
						Agreement remain in full force and effect.
This Agreement is not intended to modify and cannot
						modify any provision in the applicable Regulation, including the California Cap
						on Greenhouse Gas Emission and Market-Based Compliance Mechanisms. If any part
						of this Agreement is found to conflict with any provision(s) in the applicable
						Regulation(s), the applicable Regulation(s) shall control.
This Agreement constitutes the entire agreement between
						User and ARB with respect to use of the CITSS. There are no understandings,
						agreements or representations with respect to the software program that are not
						specified ins this Agreement.
This Agreement may only be modified in a writing signed
						by User and the Executive Officer of the ARB.
1. New
						Appendix B filed 6-26-2014; operative 7-1-2014 pursuant to Government Code
						section
						11343.4(b)(3)
						(Register 2014, No. 26).
2. Editorial correction relocating Appendix
						B from section
						95914 to section
						96022 (Register 2016, No.
						31).
3. Amendment of subsection
						2.4 filed 3-29-2019; operative
						3-29-2019 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2019, No. 13).