Should you have any questions concerning these Terms or any of our policies, please contact us.
MODIFICATIONS TO SITE
The Terms may be amended by CELF from time to time. In such case, CELF will provide notice on the Site that the Terms have been modified and your use of the Site after placement of such notice shall constitute your agreement with the modified Terms. You agree that providing notice on the Site is adequate notice, and that it is your responsibility to, and you agree to, regularly review the Terms to be sure you are familiar with those that are most current.
CELF may at any time, and from time to time, modify or discontinue, temporarily or permanently, the Site (or any part thereof). You agree that CELF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Notwithstanding the foregoing, CELF undertakes no responsibility whatsoever for updating the Site or content therein. To be certain that any information is current or remains accurate, please contact firstname.lastname@example.org.
TERMINATION of ACCESS
We reserve the right, in our sole discretion, immediately and without notice to suspend or terminate your ability to access the Site, for any reason or no reason, including any breach by you of these Terms or conduct by you that we determine to be inappropriate.
PERMITTED USE AND PROHIBITED USE IN GENERAL
We hereby grant you limited permission to use the Site so long as we provide you with access, and solely for your personal use. For the avoidance of doubt, we are not giving you any rights or license with respect to any aspect of the Site, all rights being held by us.
We reserve the right, in our sole and absolute discretion, to block and/or refuse to allow use of the Site by one or more users, including you, at any time and for any reason.
Without limiting the foregoing, we specifically prohibit the use of the Site for any purpose deemed improper by us. Improper uses include but shall not be limited to: (i) copying, distributing or modifying any part of the Site without our prior written authorization; (ii) use of the Site to transmit or attempt to transmit advertisements without our prior written authorization; (iii) use of the Site to transmit or attempt to transmit spam, chain letters, harassing, libelous or defamatory statements, or any unlawful content or material; (iv) use or attempted use of the Site to transmit software viruses, spyware, or any other computer code, files or programs which is harmful or otherwise unwanted by us or other users; (v) disruption of servers or networks connected to the Site; and (vi) use that is not in compliance with these Terms.
Without limitation as to other restrictions identified herein, you shall not upload to, distribute through or otherwise publish through the Site any content which is obscene, threatening, invasive of privacy or publicity rights, harmful of minors in any way, abusive, or contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law or that you do not have a right to make available under contractual or fiduciary relationships. You shall not act in a manner that negatively affects other users’ ability to interact with the Site.
ERRORS AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information in the Site is inaccurate at any time without prior notice.
OUR INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
You acknowledge and agree that the Site contains CELF’s intellectual property and proprietary information, content and other materials owned or controlled by CELF and protected by applicable intellectual property and other laws (including, without limitation, copyrights, trademarks, service marks and patents).
Any use or copying of such information, content, and other materials other than for your own personal, non-commercial use, without written permission from CELF, is strictly prohibited.
You acknowledge that you do not acquire any ownership rights in any intellectual property through your use of the Site.
DIGITAL MILLENNIUM COPYRIGHT ACT
We are under no obligation to, and do not, scan content used in connection with the Site for the inclusion of illegal or impermissible content. However, we respect the copyright and intellectual property interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site.
If you believe that an infringement of intellectual property rights exists, please provide us with notice of the same to email@example.com.
If you believe there is or has been a copyright infringement, you should provide us with written notice that contains the following information required by the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. 512:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an e-mail address at which the complaining party may be contacted;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to:
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK.
THE SITE AND ALL INFORMATION, CONTENT, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION OR CONTENT INCLUDED ON THE SITE.
WE MAKE NO WARRANTY THAT THE SITE OR ANY INFORMATION OBTAINED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, WILL BE ACCURATE OR RELIABLE, OR MEET YOUR EXPECTATIONS.
ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM OBTAINING ANY SUCH MATERIAL.
NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SITE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold us and our subsidiaries, affiliates, officers, directors, and employees, and each of their respective successors and assigns (collectively, the “Indemnified Persons”), harmless from, and indemnify them for, all damages, costs, expenses and other liabilities, including reasonable attorneys’ fees and expenses, relating to any third party claim arising out of or related to your use of the Site or any information or content on the Site, or violation of these Terms.
choice of law; INTERPRETATION
These Terms and the relationship between you and us shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of Westchester, in the State of New York.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
THIRD-PARTY WEBSITES AND RESOURCES
The Site provides information and resources created or provided by third parties, and also may provide links to third party websites or resources (together, “Third Party Resources”). Because we have no control over third-party information, external sites, and resources, including Third Party Resources, you acknowledge and agree that we are not responsible for the availability of such Third Party Resources, and do not endorse and are not responsible or liable for any content, advertising, goods, services or other materials on, available through, or provided in or by such Third Party Resources. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any interaction you may have with such Third Party Resources.
We may enable social media connectivity on the Site from time to time. This connectivity may link to our own social media accounts. The specific content we may post on our own social media accounts is subject to these Terms. However, those social media websites are also Third-Party Resources. If you choose to use social media connect functions on the Site, you acknowledge and agree to abide by the relevant terms and conditions of each respective social media website that we may utilize. The terms and conditions for the social media websites may be found on each respective social media website.
The social media connect functions are intended to enable us to connect with social media websites so that you can send text, photographs, videos and other information about your activities to each of these websites. Such social media websites may also be able to use information about action you take on our Site.
However, note that where you choose to publish or share information through the social media links on our Site, we have no control over that activity. It will not be protected by us. You should assume that your activity may be accessed by any person using the Web in any part of the world and can be found using independent search engines. If you choose to engage in social media connectivity from our Site, you do so at your own risk.
PRODUCTS AND SERVICES
The Site and/or the CELF online catalog may contain references to specific products and services that may no longer be available. Any such reference does not imply or warrant that any such products or services shall be available at any time.
By purchasing a product or service for yourself or others through the Site, you acknowledge that the product or service (collectively, the “Order”), is designed for use with or under specific conditions. BY MAKING A PURCHASE ON CELF’S SITE, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS CELF FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, LIABILITY, SUIT OR EXPENSE (INCLUDING REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED BY YOU OR THE RECIPIENT OF THE ORDER OTHERWISE ATTRIBUTABLE TO THE PERFORMANCE OF THE PRODUCT OR SERVICE YOU HAVE PURCHASED, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DAMAGES, BECAUSE OF INJURY OR DAMAGE TO PROPERTY, BODILY INJURY, OCCUPATIONAL SICKNESS OR DISEASE, OR DEATH. FURTHERMORE, YOU REPRESENT, ACKNOWLEDGE AND AGREE THAT YOU ARE TAKING 100% RESPONSIBILITY FOR THE SELECTION AND USE OF THE PRODUCT(S) OR SERVICE(S) YOU PURCHASE FOR YOURSELF OR OTHERS, INCLUDING THE DETERMINATION OF WHETHER SUCH PRODUCT(S) OR SERVICE(S) ARE APPROPRIATE FOR THE RECIPIENT, AND THAT EXCEPT AS MAY OTHERWISE BE EXPRESSLY AGREED TO IN WRITING IN A SEPARATE DOCUMENT, CELF HAS NOT OFFERED ANY ASSISTANCE, AID, OR SUPPORT IN THE SELECTION OF SUCH PRODUCT(S) OR SERVICE(S) AND THAT CELF WILL NOT BE HELD LIABLE OR ACCOUNTABLE TO YOU OR THE RECIPIENT OF THE ORDER FOR ANY DAMAGES.
CELF expressly disclaims any and all liability as to any results obtained or arising from any use of the information contained on CELF’s Site.
RESPONSIBILITY FOR INFORMATION SUBMITTED BY YOU
Collection of Non-Personal Information
We may collect non-personally identifiable information regarding your visit to the Site. We may utilize third party software including, without limitation, Google® Analytics, to collect this information and reserve the right to change our data collection methods, providers and/or software, at any time in our sole discretion. If you do not want such non-personally identifiable information collected, it may be possible for you to adjust settings on the electronic equipment you use to access the Site (e.g., a stationary or mobile computer, phone or tablet) (your “Device”). However, we cannot guarantee that such settings may be changed or will be effective and you assume all risks associated with your access to the Site.
Collection of Personal Information
We may also collect Personal Information about you or others. By “Personal Information”, we mean information that can be used to identify a specific individual, which could be you or others. Personal Information may include device identifiers, IP addresses, or “cookies” (“Cookie Data”). This type of information, if collected, is collected through our “Tracking Technologies” described below. Other Personal Information is what you provide to us when registering for a service or purchasing a product for yourself or the recipient of the Order.
By using the Site and providing any information to us, you are acknowledging that the Site is not a secure site and that data transmissions via email, uploads through a network or on Site forms are inherently insecure. We will not intentionally disclose Personal Information, but we cannot control and will not be liable for interference by third-parties. You agree not to provide any information through the Site or email that you or others would not want shared with others.
How We Use Personal Information.
We will use Personal Information to enable us to provide the service or product indicated when you provided the information on behalf of yourself or the recipient of an order. We may use Personal Information to identify you when you visit our Site, to improve the operation and usefulness of our Site, to enable us to improve our services and products, and comply with applicable laws and law enforcement.
Users have the opportunity at any time to remove themselves from our communications by responding to the opt-out information provided on our Site or in our emails, or by contacting us using the contact information provided below.
How We Protect Personal Information
Personal information collected via the Site may be stored and processed in the United States and/or any other country in which we maintain facilities, and by using the Site, you consent to any such storage, processing and transfer of information, about you or the recipient of the Order, into and out of your country, state, and/or territory.
Generally accepted standards are used to protect Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security and cannot be liable for security breaches.
We use technologies such as cookies, beacons, tags, and scripts to analyze trends, administer the Site, track users’ movements around the Site, and to gather demographic information about our user base as a whole. We may receive reports based on the use of these technologies by these companies on an individual and aggregated basis.
We employ a number of specific tracking technologies in order to improve our Site, products and services. Currently we use: Google® Analytics. More information about these technologies may be located at the respective websites of those providers. However, we cannot guarantee the accuracy of such information or whether it is current.
You may request that we delete Personal Information and after such request, we will retain and use Personal Information only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
We may disclose Personal Information: (1) if we determine a violation of the Terms has occurred; (2) if we believe such disclosure is necessary to identify or bring legal action regarding or prevent injury or interference with our rights or the rights of another user of the Site; (3) to respond to legal process or as otherwise required by law; and (4) to assist us in fraud protection or investigation.
You understand that information received from you may be used by us for any or all of the reasons described herein.
WE WILL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DATA BREACH OR UNAUTHORIZED ACCESS TO USER CONTENT OR OTHER INFORMATION ON OR SUBMITTED THROUGH THE SITE.
Except as otherwise required by law, any information submitted by you on the Site or in connection with your use of the Site, is not considered and will not be treated as confidential.
We do not knowingly collect or solicit personal information from minors and you represent and warrant that you are not providing any information about a minor.
Contact For Any Privacy Concerns:
The Children’s Environmental Literacy Foundation
Attn: Privacy Officer
Box 412, Chappaqua, NY 10514