The Ecology Center: Website User Agreement

TERMS OF USE

Acceptance of Terms of Use

Welcome to The Ecology Center (“TEC”) website (the “Website”): www.theecologycenter.org.  Please read the terms and conditions of this user agreement (“User Agreement”) for TEC’s Website.  By using the Website and the information and services available through the Website, you agree to follow and be bound by this User Agreement.  If you do not agree to the terms and conditions set forth in this User Agreement, do not use the Website.

Modification of Terms of Use

TEC owns the Website and reserves the right, at its discretion, to modify the Website and the terms and conditions of the User Agreement at any time, and any such modification will be effective immediately upon posting the modification.  You should check this User Agreement periodically for modifications to the terms and conditions.  If you use the Website after we post modifications of the User Agreement, then you will be bound by such modifications.

This User Agreement is in addition to any other agreements between you and TEC, and any other agreements that govern your use of products, services, content, tools and information available on the Website.

Website Use Limitations

The Website is intended only for your personal, non-commercial use and display.  TEC hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within this Website and the documents, graphics and media incorporated on those pages, provided that you agree not to remove any copyright or other notices contained therein.  In addition, you may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, data, information, software, products or services obtained from this Website unless you have obtained the prior written permission of TEC.  TEC reserves all rights not expressly granted herein, and expressly reserves the right to monitor any and all use of this Website.

In consideration of your use of this Website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.  You also agree that you will: (a) not violate any laws, third party rights, or our policies; (b) provide true, accurate, current and complete information about yourself; (c) not circumvent or manipulate our fee structure, the billing process, or fees owed to TEC; (d) not post false, inaccurate, misleading, defamatory, or libelous content; (e) not distribute or post spam, chain letters, pyramid schemes, viruses or any other technologies that may harm TEC, its Website or the users thereof; (f) not copy, modify, or distribute content from the Website and TEC’s copyrights and trademarks; and (g) not harvest or otherwise collect information about users, including email addresses, without their consent.  If you provide any information that is untrue, inaccurate, not current or incomplete, or TEC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TEC has the right to suspend or terminate your membership and refuse any and all current or future use of the Website.

Trademarks / Copyrights / Other Rights

“The Ecology Center,” and all graphics, logos, page headers and service names are trademarks of TEC.  TEC’s trademarks may not be used in connection with any product or service that is not TEC’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits TEC.  All other marks appearing on this Website are the exclusive property of their respective owners.  All content, and the compilation thereof, on this Website, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, html code and xml code, is the exclusive property of TEC or its content vendors and is protected by United States and international copyright laws.  All software used on this Website is the exclusive property of TEC or its software suppliers and is protected by U.S. and international copyright laws and other laws.

Privacy

TEC takes your privacy very seriously.  Please review our Privacy Policy in full, to understand our privacy practices.  Personal and other information about you is subject to our Privacy Policy, which is expressly incorporated into, and made a part of, this User Agreement by reference.  

Importantly, by using this Website and its services, you understand and voluntarily consent to the collection and use of your information as set forth in the Privacy Policy.  You should be aware that websites not owned by TEC (“Linked Sites”) may contain personal data provisions and privacy policies that differ from the provisions provided herein.  TEC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions on Linked Sites.

Electronic Communications

When you visit the Website or send e-mails to TEC, you are communicating with us electronically.  You consent to receive communications from us electronically (unless you otherwise opt-out as set forth in the Privacy Policy).  We will communicate with you by e-mail or by posting notices on this site.  You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Content License

If you provide us content for the Website, newsletters or otherwise, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the content, in any media known now or in the future.  (We need these rights to host and display your content.)  If, for any reason, you believe that your work has been copied in a way that constitutes copyright infringement, please contact TEC at [ADD CONTACT INFO FOR COMPLAINTS].

Fees and Services

Subscribing to receive email news updates is free.  However, TEC charges fees for becoming a member of TEC.  When you use a service that has a fee you have an opportunity to review and accept the fees that you will be charged, which we may change from time to time.  Changes to our fees are effective immediately after we post the changes on the Website.  We may choose to temporarily change the fees for our services for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Website.

Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees and applicable taxes associated with the Website in a timely manner with a valid payment method.  If your payment method fails or your membership payment is past due, we may collect fees owed using other collection mechanisms (which include charging other payment methods on file with us or retaining collection agencies/legal counsel).

Website Security

If you use this Website, you are responsible for maintaining the confidentiality of your information and for restricting access to your computer, and you agree to accept responsibility for all activities that occur from your computer.  If you are under 18, you may use this Website only with involvement of a parent or guardian.  TEC reserves the right to refuse service, terminate memberships, and remove or edit content in their sole discretion.

Warranty Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE WEBSITE, SERVICES, RELATED DOCUMENTS AND ALL OTHER INFORMATION OR SERVICES AVAILABLE ON THE WEBSITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY LINKED SITE, WHETHER AFFILIATED OR UNAFFILIATED WITH TEC, WHICH YOU MAY VISIT THROUGH THIS WEBSITE, ARE PROVIDED “AS IS,” “WHERE IS,” AND “AS AVAILABLE,” BY TEC, AS A CONVENIENCE TO ALL USERS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND.  TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TEC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE WEBSITE, SERVICES, RELATED DOCUMENTS, THIS USER AGREEMENT, THE PRIVACY POLICY OR ANY OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE EXPRESS OR IMPLIED WARRANTIES: (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE, SERVICES OR RELATED DOCUMENTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE OF VIRUSES, ERRORS, WORMS, DATE BOMBS, TIME BOMBS OR OTHER HARMFUL COMPONENTS; (VII) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; (VIII) THAT THE WEBSITE, SERVICES OR RELATED DOCUMENTS WILL BE COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM; OR (IX) THAT THE WEBSITE, SERVICES OR RELATED DOCUMENTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. 

            EFFORTS BY TEC TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.  THE WEBSITE, SERVICES, RELATED DOCUMENTS, THIS USER AGREEMENT, OR THE PRIVACY POLICY COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS.  CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  TEC AND/OR ITS SERVICE PROVIDERS MAY MAKE CHANGES IN THE SITE, SERVICES AND/OR RELATED DOCUMENTS AT ANY TIME AND FROM TIME TO TIME.

            ANY CONTENT OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, SERVICES OR RELATED DOCUMENTS IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACCESS, VIEWING OR DOWNLOAD OF ANY SUCH CONTENT.

            IN JURISDICTIONS THAT DO NOT ALLOW LIMITATIONS ON IMPLIED OR EXPRESS WARRANTIES, TEC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Limitation of Liability / General Releases

BY USING THE WEBSITE, SERVICES OR RELATED DOCUMENTS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT TEC AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INTERRUPTION OF BUSINESS, OR OTHER TANGIBLE OR INTANGIBLE LOSSES HOWSOEVER CAUSED WHETHER ARISING UNDER OR IN CONNECTION WITH THE WEBSITE, SERVICES, RELATED DOCUMENTS, THIS USER AGREEMENT, THE PRIVACY POLICY OR OTHERWISE EVEN IF TEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT.  THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES THAT MAY INFECT A USER’S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE EVENT.  BY USING THE WEBSITE, YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT TEC OR ANY THIRD PARTY ENGAGED IN PROVIDING SERVICES TO YOU ON OR THROUGH THE WEBSITE SHALL NOT BE RESPONSIBLE OR LIABLE FOR THESE DAMAGES OR OTHER OCCURRENCES BEYOND THE CONTROL OF TEC OR SUCH THIRD PARTIES.  IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OF CERTAIN DAMAGES, TEC'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

BY USING THIS WEBSITE, SERVICES OR RELATED DOCUMENTS, YOU EXPRESSLY AND GENERALLY RELEASE AND WAIVE ANY AND ALL CLAIMS AGAINST TEC AND ITS OWNERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, PARTNERS AND LICENSORS IN RELATION TO THE WEBSITE, SERVICES, RELATED DOCUMENTS, THIS USER AGREEMENT, AND THE PRIVACY POLICY.  If you are a California resident, USE OF THE WEBSITE, SERVICES OR RELATED DOCUMENTS CONSTITUTES AN EXPRESS WAIVER OF California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his OR HER favor at the time of executing the release, which if known by him OR HER must have materially affected his OR HER settlement with the debtor.”

Indemnity

You agree to defend, indemnify and hold TEC and its owners, subsidiaries, affiliates, officers, agents, employees, attorneys, contractors, partners, service providers, and licensors harmless from and against any and all claims, liabilities, losses, suits, damages, disputes, or expenses, including reasonable attorney’s fees and costs, arising out of or in any way related to your use of the Website, services or related documents, including, but not limited to, any third party claims, claims arising from your violation of this User Agreement or the Privacy Policy, claims arising from your violation of any rights of another or claims arising out of content you submit, post, transmit or otherwise make available through the Website.

Linked Sites

A link to a Linked Site does not mean that TEC endorses or accepts any responsibility for the content, functioning or use of such Linked Site, and you hereby agree that you are entering any such web site at your own risk.  You agree that TEC has no control over or liability for information on Linked Sites.  You should be aware that Linked Sites may contain terms of use, rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions, and other provisions that are different from the provisions provided on this Website.  TEC is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.  Further, TEC prohibits unauthorized hypertext links to the Website, or the framing of the Website.

General Information

Entire Agreement. This User Agreement constitutes the entire agreement between you and TEC with respect to your use of the Website, the services or the related documents, and supersedes all prior or contemporaneous communications, promises, agreements and proposals, whether oral, written or electronic, between you and TEC with respect thereto.  All rights not expressly granted herein are reserved.

Governing Law / Forum Selection. This Website is directed to adults in the continental United States, Hawaii and Alaska; however, it may be accessed from many difference places around the world.  As each of these places has laws that may differ from those of the State of California, by accessing the Website, you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles will apply to all matters relating to the use of the Website, services, and related documents, and arising under the User Agreement and Privacy Policy.  You further agree that exclusive jurisdiction for all disputes, claims or controversies relating to use of the Website, services, and related documents, and arising under the User Agreement and Privacy Policy shall be only in the federal or state courts located within the County of Orange, California.  By using the Website, Services or related documents, you expressly consent to the exercise of personal jurisdiction by such courts in any such action. Those who choose to access the Website or utilize the services or related documents from other locations do so on their own initiative and are responsible for compliance with local laws.

Waiver. The failure of TEC to exercise or enforce any right or provision of this User Agreement shall not constitute a waiver of such right or provision.

Severability of Terms. If any part of this User Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the parties and the original provision, and the remainder of this User Agreement shall remain in full force and effect.

Admissibility of this User Agreement. A printed version of this User Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this User Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

No Right of Survivorship and Non-Transferability. You agree that your TEC membership is non-transferable and any rights to your TEC membership terminate upon your death. Upon receipt of a copy of a death certificate, your membership may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, services, related documents, User Agreement, or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in this User Agreement are for convenience only and have no legal or contractual effect.

Arbitration of Disputes. By accessing the Website, you expressly agree that any dispute relating in any way to the Website, the services, related documents, this User Agreement, the Privacy Policy or any other contents or information available on or through the Website shall be submitted to binding confidential arbitration in Orange County, California; provided however, that, to the extent you have in any manner violated or threatened to violate TEC’s intellectual property rights, TEC may seek injunctive or other appropriate relief in any state or federal court located in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this User Agreement shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this User Agreement shall be joined to an arbitration involving any other party subject to this User Agreement, whether through class arbitration proceedings or otherwise (“Class Arbitration”).  If any portion of this arbitration provision (other than the prohibition on Class Arbitration) cannot be enforced, the rest of this Arbitration Agreement will continue to apply.  However, if the prohibition on Class Arbitration cannot be enforced, then this entire arbitration provision shall be null and void.  In the event of any conflict or inconsistency between this arbitration provision and the arbitration administrator’s rules or any other documents relating to this User Agreement, this arbitration provision will govern.

The Ecology Center’s Address. 32701 Alipaz St., San Juan Capistrano, CA 92675