Website and Blog Terms & Conditions of Use
Last Revised: November 3, 2008
PLEASE REVIEW BEFORE USING THIS WEBSITE – IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE.
General Description
Welcome to the Cottonwood Institute Website and Blog (“CI”). The mission of these CI owned Internet-based properties is to provide information and resources of value to individuals and organizations interested in learning more about inspiring students to become active community leaders and environmental stewards through an exciting blend of adventure, wilderness survival, and environmental service, and the specific experiential education and service learning methodologies and courses CI employs and offers (the “Services”). To provide the Services, we have to set out some ground rules in this document (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.
CI may change the Terms from time to time, at CI’s sole discretion. Your continued use of this website and blog following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.\n\nCI is an information starting point. CI does not provide or replace individualized legal or medical advice. This website and blog may include information which is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create an attorney-client, doctor-client relationship, or a consultant-client relationship between the user and CI. If you are in need of legal or medical advice, seek individual attorney or medical advice and DO NOT rely on CI.
DISCLAIMER OF WARRANTY and LIMITATION OF LIABILITIES
THIS WEBSITE AND BLOG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE”S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CI HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.\n\nCI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK.\n\nUNDER NO CIRCUMSTANCES SHALL CI OR ITS PARTNERS, SUPPLIERS, DISTRIBUTORS OR LICENSORS OR EDITORIAL CONTRIBUTORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF CI, ITS PARTNERS, SUPPLIERS, DISTRIBUTORS OR LICENSORS OR EDITORIAL CONTRIBUTORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF CI, ITS SUPPLIERS AND LICENSORS OR EDITORIAL CONTRIBUTORS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Account
Registration
To utilize the Services, or certain portions thereof, you may be required to complete a registration process and establish an account with CI (“CI Account”). You represent and warrant that all information provided by you to CI is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.\n\nPassword and Security\nAs a registered user of CI Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and CI Account(s). You understand and agree that you are fully responsible for all actions and postings made from your CI Account(s). Any accounts you create are not transferable. You agree to notify CI immediately if you become aware of any unauthorized use of your CI Account(s).
Termination
CI reserves the right to terminate your CI Account or restrict access to your CI Account, to delete any content posted through your CI Account, or to delete any content posted by you as an unregistered user, with or without notice, for any or for no reason, and without any liability to you.
Community Participation
Browsing
You understand that material made available by CI is a product of both a business and community effort and may not necessarily represent the view of CI. CI assumes no responsibility for the accuracy, suitability, or completeness of any content provided, including but not limited to blog entries, blog comments, content linked to, links, or any other content that may be found on cottonwoodinstitute.org/blog, cottonwoodinstitute.org/nvhs, cottonwoodinstitute.org/ps1, or cottonwoodinstitute.org/manual.
Linking
You understand that CI has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that CI endorses or is affiliated with any third-party website. You agree that CI bears no responsibility or liability for any content accessed or harm caused from any third-party website.
CI License
By posting or contributing content–including comments–using these Services, you are granting CI a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work.
Content
Contributed content–including comments–should be relevant to the subject scope of CI. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.\n\nCI does not pre-screen any contributed content, including comments, but CI has the right (though not the obligation) to remove, without notice, any content, including comments, posted which CI considers, for any reason, to violate these Terms or to be outside the subject scope of the Services. CI may terminate any account, with or without notice, for posting such content. CI may temporarily or permanently block offending commenters” IP (Internet Provider) addresses if a commenter has posted comments that are threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, abusive, off-topic, used excessive foul language, or include ad hominem attacks. This means the abusive commenter is banned from commenting on CI in the future, even if the later comments are not abusive.
User Representations and Warranties
By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.\n\nYou further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, off-topic, uses excessive foul language, or includes ad hominem attacks, or obscene or pornographic material, or other material that would violate applicable local, state, or federal law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.
Indemnities
You acknowledge and agree to indemnify and hold CI and their affiliates, officers, employees, partners, advisors, distributors and agents, harmless, including for costs and attorneys” fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.
Privacy
Please read our Privacy Notice, which is incorporated herein by reference.
Commenting Guidelines
Please read our Community and Commenting Guidelines, which are incorporated herein by reference.
Other Terms
Modifications
CI reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.
Termination of Service
CI disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. CI reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
Extent of Terms
The Terms apply to use of and contribution to the CI website and any account provided therefore. CI may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
No Waiver of Terms
Failure of CI to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance
Governing Law and Entire Agreement
These Terms are governed by the laws of State of Colorado, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Colorado in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it.\n\nThe Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
