  |  |  |  |  |  |  |
Effective Date: November 1, 2006.
This Terms of Use Agreement sets forth the standards of use of the Tides Center website. By using the tidescenter.org website you (the “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the tidescenter.org website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Tides Center is providing Visitor with information pertaining to the services provided by and activities of Tides Center.
2. Limitation of Liability
TIDES CENTER SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TIDES CENTER SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TIDES CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Visitor agrees to indemnify and hold Tides Center, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
Tides Center reserves the right to modify or discontinue the Service with or without notice to the Visitor. Tides Center shall not be liable to Visitor or any third party should Tides Center exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Tides Center does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Visitors to review said privacy policies of third-parties’ sites.
6. Governing Jurisdiction of the Courts of California
Our website is operated and provided in the State of California. As such, we are subject to the laws of the State California, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.
7. Compliance with Laws
Visitor assumes all knowledge of applicable laws and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Tides Center, with all rights reserved, or is the property of Tides Center and/or third parties protected by intellectual property rights. You are hereby authorized to view, download, print and distribute individual pages from this Site subject to the following conditions:
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Tides Center is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Tides Center.
Tides Center and tidescenter.org are proprietary marks of Tides Center. Tides Center’s trademarks may not be used in connection with any product or service that is not provided by Tides Center, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Tides Center.
All other trademarks displayed on Tides Center's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those organizations. In addition, such use of trademarks or links to the web sites of 3rd party organizations is not intended to imply, directly or indirectly, that those organizations endorse or have any affiliation with Tides Center.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Tides Center designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By mail:
Tides Center
Attn: IT Director
The Presidio
P.O. Box 29907
San Francisco, CA 94129
By email:
webweaver(at)tides.org
10. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Tides Center, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Visitor. Visitor agrees that by accepting this Terms of Use Agreement, Visitor is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
