Terms and Conditions of Use
Terms and Conditions last revised May 21, 2018.
Welcome to the American Cetacean Society San Francisco Bay Chapter website. The policies below are applicable to the American Cetacean Society San Francisco Bay Chapter’s network of websites, including acs-sfbay.org and its affiliated websites (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by the American Cetacean Society; all apps published by the American Cetacean Society San Francisco Bay Chapter; and all other interactive features, services, and communications provided by the American Cetacean Society San Francisco Bay Chapter (collectively, the “Sites”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by the American Cetacean Society San Francisco Bay Chapter (collectively “American Cetacean Society San Francisco Bay Chapter” or “we”, “us”, or “our”). In addition to the content on the Sites, the Sites provide you with various opportunities to submit content and participate in various shopping and community activities services (collectively, “Services”). Please read these terms and conditions carefully before using the Sites.
If you are under 13 years of age, do not use the Sites. If you are under 18 years of age, you may use the Sites only if you have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. To the extent that you purchase any products or services or participate in any contests, sweepstakes or other promotions via the Sites, you warrant that you are over the age of 18, have the right and authority to enter into these Terms & Conditions, and are fully able and competent to abide by them. If you are not over 18 years of age, do not purchase any products or services or participate in any contests, sweepstakes or other promotions via the Sites. American Cetacean Society San Francisco Bay Chapter does not knowingly collect information from children under the age of 13. If you are under 13, please don't submit any personally identifiable information to the American Cetacean Society San Francisco Bay Chapter on the Sites.
USE OF MATERIALS ON THE SITES
The American Cetacean Society San Francisco Bay Chapter maintains the Sites for your personal information, education, and communication. Please feel free to browse our Sites. All materials on our Sites, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, "Content"), except for User Submissions, are the sole property of the American Cetacean Society San Francisco Bay Chapter, its licensors, vendors, agents and/or its Content providers. The exclusive rights to all Content on the Sites are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with the American Cetacean Society San Francisco Bay Chapter's mission to encourage public discourse and activism regarding conservation of the natural environment. Accordingly, unless particular Content is specifically restricted as noted on the Sites, it is the American Cetacean Society San Francisco Bay Chapter's policy to allow limited reproduction and distribution of the Content, excluding User Submissions (see below), posted on our Sites as follows: You may copy, reproduce and distribute Content from the Sites, excluding User Submissions, provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Content was reproduced from a American Cetacean Society San Francisco Bay Chapter website with permission of the American Cetacean Society San Francisco Bay Chapter; (3) all copies include the following notice "©[Insert Current Year] American Cetacean Society San Francisco Bay Chapter. All Rights Reserved." or other copyright notice as set forth on the materials copied; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Notwithstanding the foregoing or anything else in these Terms and Conditions, except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any third party copyrighted material that is available on the Sites. Provided you comply with all of these conditions, the American Cetacean Society San Francisco Bay Chapter grants you a non- exclusive, nontransferable license to use the Content included on the Sites solely as provided herein and as limited by our rights in any Content not produced by American Cetacean Society San Francisco Bay Chapter.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Content on our Sites, without prior written authorization from the American Cetacean Society San Francisco Bay Chapter (and, as applicable, any third-party copyright owners of such Content). To request such permission from the American Cetacean Society San Francisco Bay Chapter, send an email with the details of your specific request to email@example.com.
All trademarks, service marks and trade names of American Cetacean Society San Francisco Bay Chapter (including, but not limited to, the American Cetacean Society San Francisco Bay Chapter name, any logos, the Sites’ names, the Sites’ design, the name of our magazine (Whalewatcher), the name of our quarterly member newsletter (Syphopper), American Cetacean Society San Francisco Bay Chapter Books, American Cetacean Society San Francisco Bay Chapter Productions, the tagline "Protecting the world’s whales, dolphins and porpoises", and all other names of American Cetacean Society San Francisco Bay Chapter programs referenced herein or on the Sites) (collectively, the “Marks”) are registered or common law trademarks of the American Cetacean Society San Francisco Bay Chapter. In no event may the Marks be reproduced separately from the textual content associated with them on the Sites. You shall not use our name or any language, pictures or symbols which could, in American Cetacean Society San Francisco Bay Chapter’s judgment, imply American Cetacean Society San Francisco Bay Chapter’s endorsement, including without limitation in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without American Cetacean Society San Francisco Bay Chapter’s prior written consent. Unauthorized use of any Marks may be a violation of federal and state law.
If you download software from the Sites in order to use the Content as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, "the software") is licensed to you by the American Cetacean Society San Francisco Bay Chapter. The American Cetacean Society San Francisco Bay Chapter does not transfer the title to you. You own the medium on which the software is recorded, but the American Cetacean Society retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
YOUR USER SUBMISSIONS TO THE SITES
You and other users of the Sites may submit information, text, photographs, graphics, videos, or other material or create and maintain profiles, pages or campaigns (collectively, "User Submissions") to or on the Sites.
User Submissions do not represent the views of American Cetacean Society San Francisco Bay Chapter or any individual associated with American Cetacean Society San Francisco Bay Chapter, and we do not control this content. American Cetacean Society San Francisco Bay Chapter does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the American Cetacean Society San Francisco Bay Chapter expressly disclaims any and all liability in connection with User Submissions. In no event shall you represent or suggest, directly or indirectly, American Cetacean Society San Francisco Bay Chapter’s endorsement of User Submissions. American Cetacean Society San Francisco Bay Chapter does not vouch for the accuracy or credibility of any User Submissions on our Sites, including without limitation Addup.org, and does not take any responsibility or assume any liability for any actions you may take as a result of reading User Submissions on our Sites. Through your use of the Sites and Services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Sites, you assume all associated risks.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to the Sites, you hereby grant American Cetacean Society San Francisco Bay Chapter an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the American Cetacean Society San Francisco Bay Chapter may sublicense all or part of its rights under this license or assign them to third parties.
American Cetacean Society San Francisco Bay Chapter may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. American Cetacean Society San Francisco Bay Chapter has the right, but not the obligation, to monitor the Sites for inappropriate content. You are solely responsible for any User Submission you post on the Sites.
We welcome and respect your opinions, even if we don't agree with them. We ask that you welcome and respect our opinions and those of other visitors to the Sites.
Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don't be vulgar. The DON'T'S below are intended to keep each Site a safe, informative, and constructive community for all those who visit it. Please understand and comply with them in this spirit. You agree not to submit, upload or post any User Submission to the Sites which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a American Cetacean Society San Francisco Bay Chapter employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
American Cetacean Society San Francisco Bay Chapter reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with your User Submission, and American Cetacean Society San Francisco Bay Chapter and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these additional terms obligates or may be deemed to obligate American Cetacean Society to sell, license or offer to sell or license any advertising, promotion or distribution rights.
NOTICE OF CLAIMS FOR COPYRIGHT INFRINGEMENT
In operating the Sites, we may act as a “services provider” (as defined by the Digital Millennium Copyright Act (“DMCA”)) and offer services as online provider of materials and links to third party sites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Sites. American Cetacean Society San Francisco Bay Chapter has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Sites. American Cetacean Society San Francisco Bay Chapter has adopted a policy that provides for the immediate removal of any content or the suspension of any user that is found to have infringed on the rights of American Cetacean Society San Francisco Bay Chapter or of a third party, or that has otherwise violated any intellectual property laws or regulations, or any of the terms and conditions of these Terms & Conditions. If you believe any material available via the Sites infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA (17 U.S.C. Sect. 512(c)(2)). We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is:
American Cetacean Society San Francisco Bay Chapter
Attn. Legal Policy Advisor
Please provide us with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on our Sites, with enough detail that we may find it on the Sites;
- Your address, telephone number, and email address;
- Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Include the following statement: "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- The electronic signature of the person authorized to act on behalf of the copyright owner of the work that is allegedly infringed.
We may give notice to our users of any infringement notice by means of a general notice on any of our websites, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such an infringement notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
You may only purchase products which appear on the Sites and are delivered to an address located in the United States. You may only purchase products for personal use. American Cetacean Society San Francisco Bay Chapter makes no promise that products available on the Sites are appropriate or available for use in locations outside the United States. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Sites. Details of the products available for purchase are set out on the Sites. All features, content, specifications, products and prices of products described or depicted on the Sites are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products on the Sites at a particular time does not imply or warrant that these products will be available at any time. By placing an order, you represent that the products ordered will be used only in a lawful manner. All videocassettes, DVDs and similar products sold are for private, home use (where no admission fee is charged), non-public performance and may not be duplicated. When an order is placed, it will be shipping to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on the Sites. All purchases from the Sites are made pursuant to a shipment contract. As a result, risk of loss and title for items purchased from the Sites pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments. Returns and exchanges for any purchases made through the Sites will be as disclosed at the time of purchase.
For all charges for any products and services sold on the Sites, American Cetacean Society San Francisco Bay Chapter will bill your credit card or alternative payment method offered by American Cetacean Society San Francisco Bay Chapter.
The Sites have security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of the Sites cannot be guaranteed by the American Cetacean Society San Francisco Bay Chapter. The American Cetacean Society San Francisco Bay Chapter shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the Sites.
ACCOUNT REGISTRATION AND SECURITY
You may need to create an account to access some features or areas of the Sites. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify the American Cetacean Society San Francisco Bay Chapter immediately if you suspect any unauthorized use of your account. Although American Cetacean Society San Francisco Bay Chapter will not be liable for any unauthorized use of your account, you may be liable for the losses of American Cetacean Society San Francisco Bay Chapter or others due to such unauthorized use.
ACCESS AND INTERFERENCE
You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or (3) bypass any measures we may use to prevent or restrict access to the Sites.
The American Cetacean Society San Francisco Bay Chapter has not reviewed all of the sites linked to the Sites and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to the Sites, whether or not they are affiliated with the American Cetacean Society San Francisco Bay Chapter. Such linked sites are for your convenience only and you access them at your own risk. If you use these links, you will leave the Sites. The American Cetacean Society San Francisco Bay Chapter makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our Sites does not constitute endorsement by the American Cetacean Society San Francisco Bay Chapter of the owner of the other site, the content of its site, or its products or services.
REPRESENTATIONS & WARRANTIES
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. By submitting User Submissions to the Sites, you represent and warrant that the User Submissions is your original work. In connection with User Submissions, you further affirm, represent and warrant the following: (i) the User Submission does not violate any agreement between you and a third party; (ii) you have obtained all consents, and possess all copyright, patent, trademark, trade secret and any other proprietary rights, or the necessary licenses thereto, to grant the license rights set forth herein; (iii) if necessary you have the written consent of each and every identifiable natural person in the User Submission to use such persons name or likeness in the manner contemplated by the Sites and these Terms & Conditions, and each such person has released you from any liability that may arise in relation to such use; (iv) you have read, understood, agree with, and will abide by these Terms & Conditions; (v) you are not, and have not been an agent of American Cetacean Society San Francisco Bay Chapter and were not and are not acting on behalf of, or as a representative of, American Cetacean Society San Francisco Bay Chapter or any other party in connection with the User Submission; (vi) the User Submission and American Cetacean Society San Francisco Bay Chapter’s use thereof as contemplated by these Terms & Conditions and the Sites will not infringe any rights of any third party, including but not limited to any rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity, or violate any law; (vii) you are not, nor is any other person who appears in your User Submission, a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society; (viii) you have not and will not engage in any of the following in connection with the production of, your appearance in, or contribution(s) to your User Submission: infliction of injury to any person or animal, humiliation of any person (whether public or private), infliction of emotional distress on any person, assault or battery of any person, damage to any property without permission, entry on any property without permission, or any other act or omission that could give rise to civil and/or criminal liability; (ix) the User Submission does not contain: (a) material falsehoods or misrepresentations that could harm American Cetacean Society San Francisco Bay Chapter or any third party; (b) content that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing or encourages conduct that would be considered a criminal offense, give rise to civil liability or violate any law; (c) advertisements or solicitations of business; or (d) impersonations of third parties, other than those which are readily apparent.
You agree that you will, at your own expense, defend, indemnify, and hold harmless the American Cetacean Society San Francisco Bay Chapter and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
ALL CONTENT ON THE SITES IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THE SITES IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THE SITES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter DOES NOT WARRANT THAT USE OF THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITES IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE SITES. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEB SITES LINKED TO THE SITES, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, (II) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITES, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITES BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE AMERICAN CETACEAN SOCIETY San Francisco Bay Chapter, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITES. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE SITES, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITES. IN NO EVENT SHALL AMERICAN CETACEAN SOCIETY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF YOUR PURCHASE ON THE SITES.THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THE SITES.
Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any outdoor activity described on the Sites, it is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity description, and that you have proper training, equipment, and physical conditioning to safely participate in the planned activity. American Cetacean Society San Francisco Bay Chapter and contributors to the Sites are not responsible for any harm to persons or property that results from your use of the Sites, including without limitation, use of any content on the Sites.
You agree to defend, indemnify and hold harmless the American Cetacean Society San Francisco Bay Chapter, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Sites; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of the Sites.
The materials on the Sites are presented solely for promotional purposes in the United States. The Sites are operated under the supervision of the American Cetacean Society San Francisco Bay Chapter from its offices within the state of California. American Cetacean Society San Francisco Bay Chapter products are available in many parts of the world. However, the Sites may describe products that are not available worldwide. The American Cetacean Society San Francisco Bay Chapter does not warrant or represent that materials on the Sites are appropriate or available for use in other locations. If you choose to access the Sites from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from the Sites in violation of United States export controls.
You agree that the Sites shall be deemed solely based in California, and that the Sites shall be deemed passive websites that do not give rise to personal jurisdiction over American Cetacean Society San Francisco Bay Chapter, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to the Sites shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Northern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of the Sites and supersedes any prior understandings or agreements (written or oral). These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the American Cetacean Society San Francisco Bay Chapter.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by American Cetacean Society San Francisco Bay Chapter without restriction.
The American Cetacean Society San Francisco Bay Chapter has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms & Conditions, including without limitation the right to terminate a user's account for repeat infringements of copyrighted material. In addition, American Cetacean Society San Francisco Bay Chapter reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
If you do not understand any of the foregoing Terms & Conditions or if you have any questions or comments, we invite you to contact American Cetacean Society San Francisco Bay Chapter by email at firstname.lastname@example.org.
All Site design, graphics, text selections, arrangements, and all software are Copyright © 2018, American Cetacean Society San Francisco Bay Chapter. ALL RIGHTS RESERVED.