Toxic Sites Identification Program

Terms and Conditions

  1. General

The Toxic Sites Identification Program (TSIP) endeavors to identify and screen contaminated sites in low- and middle-income countries with a potential human health impact. The TSIP is not intended to be a comprehensive inventory of such sites, but rather an effort to begin to understand the scope of the problem. 
As part of the TSIP more than 3,000 sites have been screened in ~ 50 countries. The actual number of contaminated sites in low- and middle-income countries with a potential human health impact is likely much greater. By comparison, there are an estimated 90,000 identified contaminated sites in the United States alone. No good estimates currently exist on the potential number of sites in low- and middle-countries, but the total is likely to exceed the current number of sites identified by the TSIP by at least an order of magnitude. 

You acknowledge that the information presented in the database is preliminary in nature, and not intended to be a complete or comprehensive assessment of any site. Site screenings are rapid in nature (often less than one day on-site), collecting information from existing sources in many cases, and using estimates and judgments that cannot be considered exhaustive. These reviews are simple, indicative first steps in what should be a necessary and more rigorous process of site evaluation. 

  1. Copyright and Use

Information in this database is proprietary and copyright Pure Earth (also known as Blacksmith Institute) and the program funding agencies. No authorization is granted for its use except by written permission of Pure Earth. Information given is preliminary and provided by third parties. Pure Earth, its agents, officers and others contractors cannot be held liable for errors, omissions, inaccuracies, or other matters arising from the use of the Site content. 

All maps, drawings, photographs, mosaics, plans, reports, recommendations, estimates, documents and all other data in the database is the property of Pure Earth, and should be treated as confidential. 

  1. Rules

The user (also referred to as “you”) agrees to all of the following:

  1. You (and anyone using your account) will not to make any information, data, documents, images or other content contained on this site available to other parties without written consent from Pure Earth.
  2. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
  3. You will not use the Site or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
  4. You will not use the Site or Materials to initiate or defend any legal action.
  5. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Pure Earth without our express written permission.
  6. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Site or Materials by any means other than through the interfaces provided by Pure Earth.
  7. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Pure Earth’s infrastructure.
  8. You will not publish, links to or share Content, that is:
    1. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
    2. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
    3. Breaches another’s privacy.

Pure Earth may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Pure Earth reasonably determines that your account is being used for illegal or restricted activity then your account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.

  1. Limitation of Liability

By clicking 'agree' the user hereby agrees, to the fullest extent permitted by law to indemnify and hold harmless Pure Earth and their respective partners, members, managers, shareholders, affiliates, officers, directors, employees, trustees and agents for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the services, the materials, your content, the commercial products or any third party user generated content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if Pure Earth has been advised of the possibility of such damages. You hereby release Pure Earth and hold Pure Earth and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, content, data, images, documents or any third party user generated content available on or through the site. You hereby waive the provisions of any state or local law limiting or prohibiting a general release.

  1. Indemnification

You agree to indemnify, hold harmless, and defend Pure Earth and its licensors, suppliers, officers, directors, employees, agents, consultants, contractors, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use (or anyone using your account’s) use of the the Site or the materials, data or other content. This includes, but is not limited to, any breach or violation of this Agreement by you or anyone utilizing your account. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

  1. Exclusive remedy

In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall Pure Earth, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, the content, the data or third party generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, the content or any third party generated content available on or through the site.

  1. Disputes

The formation, interpretation and performance of this Agreement and any disputes arising out of it, or out of use of the website, shall be governed by the substantive and procedural laws of the state of New York without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the United States of America. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, New York, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

  1. Other

You acknowledge that a violation or attempted violation of any part of this Agreement may cause such damage to Pure Earth as will be irreparable, the exact amount of which may be impossible to ascertain and for which there may be no adequate remedy at law. Accordingly, you agree that Pure Earth shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Pure Earth in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.

In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of Pure Earth, the exploitation of any materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.

If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Agreement, it will not be considered a waiver.

You will not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent.