Effective Date: November 1, 2011

Acceptance of Terms & Conditions

This portion of the website “appalachianstewards.org/terms-and-conditions” governs your use of our website, appalachianstewards.org (“our site” or “this site”) and/or any portion thereof. Please read these Terms & Conditions carefully before using our site.

By using our site, you agree to all of the Terms & Conditions set forth herein and understand that the Appalachian Stewardship Foundation (“ASF”) may revise the Terms & Conditions from time to time without providing any notice to you. You should visit this page periodically to review the Terms & Conditions, because your continued use of this site after ASF has revised the Terms and Conditions will indicate that you accept them as revised. IF YOU DO NOT ACCEPT THE TERMS & CONDITIONS, YOU MAY NOT ACCESS THIS SITE OR USE ANY OF THE SERVICES OR CONTENT PROVIDED ON OR THROUGH THIS SITE. In these Terms & Conditions, “you” and “your” refers to any and all individuals and/or entities accessing this site for any reason.

If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. ASF does not knowingly collect information from children under the age of 13. If you are under 13, please do not submit any personally identifiable information to ASF on this site.

Use of this Site; ASF Proprietary Rights: This site is protected by U.S. and international copyright laws, and is owned and maintained by ASF. ASF has exclusive rights to or has been licensed by third parties to use all of the Content, which, as used in this document, refers collectively to all of the products, services, and information including, but not limited to, all of the page headers, images, graphics, text, logos, button icons, design, layout, software (including source code), sounds, music, video files, and data provided on appalachianstewards.org. All Content is subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses held by ASF. The entire Content of appalachiansteward.org is protected by U.S. copyright laws as a collective work, and ASF owns a copyright in the selection, coordination, arrangement, and enhancement of the Content.

ASF authorizes you to view, access, and (where appropriate) contribute to a single copy of the Content (defined below) available from this site solely for your personal, noncommercial use. You agree not to copy, create derivative works, duplicate, display, distribute, download, upload, modify, publish, publicly perform, sell, resell, or exploit for any public or commercial purposes any portion of the Content without first obtaining written permission from ASF via email at webmaster@appalachianstewards.org. You may not use this site or Content in any manner other than as stated above, including but not limited to (a) in violation of any applicable law; (b) in a way that will infringe the copyright, trademark, trade secret, or other intellectual property rights of others or violate the privacy, publicity, or other personal rights of others; or (c) that is defamatory, obscene, threatening or hateful.

Any use of the Content for any purpose other than those explicitly authorized in these Terms & Conditions constitutes an infringement of ASF copyrights and other proprietary rights. Use of the Content on any other website or other networked computer environment is prohibited without prior written permission from ASF.

You shall not breach the security of this site; you shall not, among other things, (a) access data not intended for you or log into a server account that you are not authorized to access, (b) attempt to probe, scan, or test the vulnerability of a system or network or to breach a security or authentication measure of this site and/or Content without proper authorization; and/or (c) use spamming, viruses or engage in other malicious activity to interfere with service to any user, host, or network.

User-Submitted Content: ASF established various ways to communicate with other ASF web site users and with ASF, including responding to blog posts. All user communications made to or through appalachianstewards.org are referred to as “User-Submitted Content.” To add content to appalachianstewards.org, you may need to register on the site. By submitting content, you represent and warrant that the content:

• does not contain personal, private information about another person, such as his or her contact information, that could result in harassment or an invasion of privacy;
• is not illegal, profane, obscene, threatening, or defamatory, and does not contain software viruses, commercial solicitation, political campaigning, chain letters, any form of “spam,” or any malicious activity;
• does not contain any confidential or proprietary information of any other person or entity, or otherwise violate the legal rights of any person or entity; and
• the content does not infringe on the copyright, trademark or other intellectual property rights of any person or entity.

By submitting content, you grant ASF a non-exclusive, royalty-free, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, publish, translate, edit, create derivative works from, distribute and display content throughout the world for any purpose and in any media. ASF may edit your content for length or clarity or for any other reason at any time. ASF reserves the right to remove any content for any reason from appalachianstewards.org.

Personal Information: You may view information on this site without providing any personal information to ASF. Yet, if you choose to provide personal information, you should review the ASF Privacy Policy carefully. You agree that you are solely responsible for the form, content, and accuracy of any information provided by you on this site, including user-submitted content. You are responsible for maintaining and promptly updating any personal information you provide to keep such information current, accurate and complete. If you create an ID and Password for this site, you are responsible for maintaining their confidentiality, and are fully responsible for all activities on this site that occur under your ID and password. If your user ID or password are used in an unauthorized way, you agree to immediately notify ASF. You also agree to log off at end of each session on appalachianstewards.org. ASF is not responsible or legally liable for any loss or damage arising from your failure to adhere to these requirements.

Security: This site has security measures in place to protect information under ASF’s control from loss, misuse and alteration. However, your confidential use of this site cannot be guaranteed by ASF, and ASF is not responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to any information transmitted to this site.

Digital Millennium Copyright Act (“DMCA”): Please contact us if you are aware that your rights under copyright law are being infringed by your copyrighted work being uploaded, posted, copied, or otherwise provided to this site. ASF complies with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512). Please provide ASF with a written, signed notice of alleged infringement of your copyright(s) by contacting our Designated Agent:

William DePaulo, Esq.
179 Summer St., Suite 232, Charlestown WV 25301-2163
(304) 645-1500
Email: Bill@AppalachianStewards.org

To be effective, the notice must include the following:

• A physical or electronic signature of either the copyright owner of an exclusive right that is allegedly being infringed upon, or a person authorized to act on the owner’s behalf;
• A description of the copyrighted work or works you claim have been infringed, and a description of the activity that you claim to be infringing;
• Identification of the URL or other specific location on this site where the material or activity you claim to be infringing is located or is occurring;
• Your name, address, telephone number and your email address;
• A statement that you have a good faith belief that use of the work on appalachiansteward.org is not authorized by the copyright owner or the law;
• A statement by you, under penalty of perjury, that the information in your notice is accurate, and that you are either the copyright owner or are authorized to act for the copyright owner.

Trademarks: The trademarks and logos used on our site identify our products and services and are owned or licensed by the Appalachian Stewardship Foundation (ASF). No use of any ASF trademark is permitted without proper attribution to ASF. Trademark use must comply with applicable trademark law.

Indemnity: You agree to defend, indemnify and hold harmless ASF, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to this site; (b) your violation of any term of these Terms & Conditions; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (d) any claim that one of your User-Submitted Content caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.

LIMITATION OF LIABILITY: ASF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY: (1) YOUR USE OF, INABILITY TO USE, OR RELIANCE ON ANY PART OF THIS SITE OR CONTENT; (2) ANY ERRORS OR OMISSIONS IN ANY PART OF THE SITE OR IN ANY CONTENT ON THE SITE; OR (3) ASF OR ANY OTHER PERSON’S PERFORMANCE OF ANY OBLIGATIONS UNDER OR IN CONNECTION WITH THE TERMS & CONDITIONS. IN NO EVENT WILL ASF OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY PUNITIVE, CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR SIMILAR DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, in which case the liability of ASF and its directors, officers, employees, representatives, affiliates, and agents shall be limited in accordance with these Terms & Conditions to the fullest extent permitted by law. You specifically waive any claims you may have arising out of your use of appalachianstewards.org.

Use of Site at Your Own Risk: You expressly agree that use of this site and Content on appalachianstewards.org is at your own risk. Any Content downloaded or otherwise acquired through this site is obtained at your own risk and you are solely responsible for any damage to your computer system or loss of data resulting from such Content.

No Warranties: THIS SITE AND ITS CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU ACKNOWLEDGE THAT NEITHER ASF NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, AND AGENTS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY CONTENT ON APPALACHIANSTEWARDS.ORG MAKES ANY GUARANTIES OR WARRANTIES, EXPRESSED, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE AND CONTENT OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION: WARRANTIES REGARDING THE ACCURACY OR COMPLETENESS OF ANY CONTENT, WARRANTIES THAT THE CONTENT WILL BE FREE OF ERRORS, OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OF THIRD-PARTY RIGHTS.

ASF MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM OR PROVIDE TO THE SITE IS FREE OF VIRUSES, TROJAN HORSES, WORMS, TIME BOMBS, CANCELBOTS, AND OTHER COMPUTER PROGRAMMING ROUTINES OR ENGINES THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR INFORMATION.

Linked Sites: On this site there are several links to websites maintained by third parties over which ASF has no control, such as YouTube.com, Facebook.com, and Twitter.com. ASF takes no responsibility for the accuracy, content, or any aspect of such third-party material, and disclaim any liability for such content or for any consequence of your decision to use the links provided on appalachianstewards.org or the content on third-party websites. ASF further disclaims all liability and makes no representations or warranties for any products or services sold or provided to you by any third party. Links do not imply that ASF sponsors, endorses, is affiliated or associated with such third party.

Termination: ASF, in its sole discretion, reserves the right to decline, suspend, terminate, alter, and/or modify your access to this site and any and all Content on this site at any time and for any reason. If this occurs, you will not be authorized to use or access this site and you agree to discontinue use and destroy any Content obtained from this site. If upon our reasonable belief, your conduct on appalachianstewards.org materially fails to conform to the Terms & Conditions, ASF reserves the right to investigate, report to, and cooperate with law enforcement or other authorities concerning such conduct, and to pursue a civil lawsuit, criminal prosecution, or other action for any alleged or actual illegal, fraudulent, or other unauthorized activities involving this site, with or without notice.

General: Your agreement to the Terms & Conditions does not confer any rights, remedies, or benefits upon any person other than you and ASF. You may not assign any rights under these Terms & Conditions without the prior written consent of ASF. The Terms & Conditions shall be binding on and inure to the benefit of the parties and their respective successors and assigns. Should any provision of the Terms & Conditions be held to be void, invalid, unenforceable, or illegal by a proper legal authority, the validity and enforceability of the other provisions shall not be affected.

Electronic Communications: You agree that all agreements, notices, disclosures, and other communications provided by ASF to you electronically satisfy any legal requirement that such communications be in writing.

Choice of Law and Forum: Any and all disputes arising out of these Terms & Conditions, and/or using appalachianstewards.org will be governed by and construed in accordance with the laws of the State of West Virginia, without effect to any principles of conflicts of law, and the Federal laws of the United States. You agree that this site shall be deemed solely based in West Virginia, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over ASF, either specific or general, in jurisdictions other than West Virginia. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts of West Virginia, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

For more information, please contact webmaster@appalachianstewards.org.