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RiverEcoLogic Apalachicola / Chattahoochee / Outdoor Experiences TERMS OF USE |
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TERMS OF USE
Welcome to http://www.RiverEcoLogic.com (the ''Website''), and the services of Apalachicola Maritime Museum, Inc. The Website and services and products offered are intended for Apalachicola Maritime Museum, Inc customers, with access to the Website, including, but not limited to, the articles, reference and communication tools and other services therein. The Website is owned and operated by the Apalachicola Maritime Museum, Inc. When we refer to ''us,'' ''our,'' ''we'' and words of similar import, we mean Apalachicola Maritime Museum, Inc, its the affiliates, subsidiaries, owners, agents, officers, employees, including but not limited to Apalachicola Maritime Museum, Inc..
1. Terms
Access to non-public areas of the Service are provided in accordance with the following terms (''Terms''). By using this Website, you electronically agree to be legally bound by the Terms, which govern your use of this Website. If you do not agree to all of these Terms, please immediately discontinue any further use of this Website. Your failure to follow the Terms may result in suspension or termination of your access to this Website.
We may change these Terms at
any time. The most current version will be available by clicking on a link at
the bottom of the first page on our Website. Continued access to this Website
by you will constitute your acceptance of any changes or revisions to the
Terms.
2. General
Usage Rules
You agree not to disrupt,
modify or interfere with the Website, or its associated software, hardware,
and/or servers in any way, and you agree not to impede or interfere with
others' use of the Website. You further agree not to alter or tamper with any
information or materials on or associated with the Website.
Other than connecting to
service provider's servers by http requests using a web browser, you may not
attempt to gain access to our service provider's servers by any means.
3. Intellectual
Property
You acknowledge
and agree that this Website and the information, content and software presented
to you through or by this Website or used in connection with this Website
contain proprietary and confidential information that is protected under U.S.
and international intellectual property laws, including those pertaining to the
protection of copyrights, trademarks, service marks, and patents, and security
components that protect digital information. Except as expressly authorized by
us, you agree not to sell, rewrite, modify, redistribute, create derivative
works, or rent any part of this Website or any information presented to you
through this Website, in whole or in part.
You may look at this
Website online, download individual articles to your personal or handheld
computer for later reading, and even print a copy of an article for yourself.
You may not remove any copyright notices from our materials. We reserve all of
our other rights not granted in these Terms. You agree not to access this
Website by any means other than through the interface that is provided by us
for use in accessing this Website.
4. License
We grant you a personal,
non-exclusive, non-transferable, limited and revocable license to use this
Website subject to the Terms. You may not use this Website in a manner that
exceeds the rights granted for your use of this Website, which includes
unauthorized copying or distribution of any of the content displayed or used in
this Website or creating an unauthorized derivative work.
5. Restrictions
Applicable to Use
In connection with your
use of this Website, you may not post, email, transmit or otherwise distribute:
(a) Information infringing on intellectual property or privacy rights of
others; Information that is unlawful, harmful, obscene, defamatory, harassing,
abusive, or slanderous in our sole opinion; (b) Information that harm minors in
any way; advertisements or other commercial messages; (c) viruses or other
harmful computer code designed to interrupt, destroy or limit the use of any
computer software or hardware, or (d) confidential information belonging to any
other person. In addition, you may not engage in any conduct to: (a) collect
information about others; (b) interfere with this Website or the servers or
other technology hardware used by this Website; (c) inhibit others from using this
Website, or (e) allow any other person or entity to use your password or other
identification; or (f) violate any law or regulation.
6. Disclaimers of Warranties
WE PROVIDE THE
WEBSITE ''AS IS'', ''WITH ALL FAULTS''
AND ''AS AVAILABLE.'' WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT THE
WEBSITE TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT
THIS WEBSITE OR THE GOODS AND SERVICES OFFERED IN THIS WEBSITE ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE
OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE WEBSITE, INCLUDING ANY INFORMATION OR CONTENT
OBTAINED AS A RESULT OF USING THE WEBSITE, WILL BE EFFECTIVE, RELIABLE,
ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE
TO ACCESS OR USE THE WEBSITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS)
AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR
ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT
CHANGE. YOU USE THE WEBSITE AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING
FROM YOUR USE OF THE WEBSITE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST
PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR
SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES
OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR
JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend,
indemnify, and hold us, our officers, directors, employees, agents, licensors,
and suppliers, harmless from and against any claims, actions or demands, liabilities
and settlements including without limitation, reasonable legal and related fees
and expenses, resulting from, or alleged to result from, your violation of
these Terms.
8. Notice
and Take Down Procedures and Copyright Agent
If you believe any
materials accessible on or from this Website infringe your copyright, trademark
or other legal rights, you may request removal of those materials (or access
thereto) from the Website by contacting us at
www.josh.anderson@RiverEcoLogic.com
9. Termination
and Modification
You agree that we may
without prior notice, discontinue, temporarily or permanently, this Website (or
any part thereof) or eliminate your account, any associated email address, and
remove any information you uploaded or provided to this Website with or without
notice. Cause for termination shall include, but not be limited to, (a)
violations of these Terms or your Subscription Agreement, (b) requests by law
enforcement or other government agencies, (c) a request by you (d) discontinuance
or material modification to the Website, or (e) unexpected technical or
security issues or problems.
10. Entire Agreement
The Terms and the
policies, rules and guidelines posted on the Website constitute the entire
contract between you and us and supersede all previous written or oral
contracts. If any part of the Terms is held invalid or unenforceable, that
portion shall be construed in a manner consistent with applicable law to
reflect, as nearly as possible, the original intentions of the parties, and the
remaining portions shall remain in full force and effect.
11. Choice
of Law and Place for Resolving Disputes
The law of the State of
[Georgia/Florida] governs this contract and any claim or dispute that you may
have against us, without regard to its conflict of laws rules, and that the
United Nations Convention on Contracts for the International Sale of Goods
shall have no applicability. You further agree that any disputes or claims that
you may have against us will be exclusively resolved by a court located in
[Georgia/Florida]. You irrevocably consent to the venue and jurisdiction of
such courts.
BY AGREEING TO THIS
AGREEMENT, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US
BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY
CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE AND FEDERAL
COURTS IN THE STATE OF [GEORGIA/FLORIDA] OVER ANY DISPUTES OR CLAIMS YOU HAVE
WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS
LOCATED IN [GEORGIA/FLORIDA] FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR
CLAIMS.
12. Assignments
We may assign this contract at any time without notice to you. You may not
assign this contract to anyone else.
13. Execution
of Agreement
Your continued use of the
Website constitutes your acceptance of these Terms as a legal contract and the
equivalent of an electronic signature. Natural persons executing this contract
warrant and represent that they are at least eighteen (18) years of age. Users
and the person executing this Agreement on behalf of any user that is a
proprietorship, corporation, partnership or other entity, represent that such
person is duly authorized by pall necessary and appropriate corporate or other
action to execute this contract on behalf of the user.