NETZEROCAPECOD.ORG
TERMS OF USE

Welcome to NETZEROCAPECOD.ORG, a website owned and operated by the Cape Cod Climate Change Collaborative, Inc., a Massachusetts nonprofit corporation with a principal place of business at 231 Route 6A, Yarmouthport, Massachusetts 02675 (sometimes referred to as the “Collaborative”).

Access to and use of  this website, the NetZero 2020 Virtual Conference, and any related mobile sites, mobile applications, social media sites, any other digital services or properties operated by the Collaborative from time to time (collectively referred to as the “Sites”)  are subject to the following Terms of Use as well our Privacy Policy. Please read these Terms of Use and the Collaborative’s Privacy Policy carefully. By accessing or using any of the Collaborative’s Sites, you agree to comply with and be bound by these Terms of Use and the Collaborative’s.  If you do not agree to the Collaborative’s Terms of Use and Privacy Policy, you must immediately terminate use of the Sites.

User Representations/Responsibilities

You must be 13 years or older to use any part of the Sites. If you are less than 18 years of age and would like to use or register to any part of the Sites, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any of the Sites or ask them to complete the purchase and/or registration on your behalf.

To access the Sites, you may be required to create a unique user name and password. You are responsible for maintaining the security and confidentiality of your user name and password. Your user name and password are personal to you and you may not allow any third party to use them. The Collaborative is not liable for any harm caused by the theft, misappropriation, disclosure, or unauthorized use of your user name or password. Contact the Collaborative immediately if you become aware of or believe there is or may have been any unauthorized use of your user name or password.

Intellectual Property Rights

The trademarks, service marks, logos, brand names, trade dress, as well as other content such text, photographs, audio and video material, and artwork (collectively, the “Content”) on the Sites is the property of the Collaborative, its licensors, presenters, members, advertisers or other third parties and is protected by copyright, trade secret, and trademark law, as well as other law and regulations.

The Content may not be reproduced, duplicated, copied, or otherwise used for any commercial purpose without the prior express written consent of the Collaborative or the owner of the Content if the Collaborative is not the owner. You may not modify or change the content in any way or remove or change any copyright, trademark, or other notice.

No right, title or interest in any downloaded materials is transferred as a result of any such downloading.

User Generated Content

When you post any content (a “Submission”) to any of the Sites, you represent to the Collaborative that you have all of the necessary legal rights (whether by ownership, license or otherwise) to post the Submission. You may not post any Submission that (i) violates or infringes upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contains defamatory or otherwise unlawful material.

By posting a Submission you grant the Collaborative a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submission, which includes the right for the Collaborative, or any third party the Collaborative designates, to use, copy, publish, distribute, publicly display and perform, and create derivative works of the Submission in any form or media now known or hereinafter developed. Any Submission that you make to any of the Sites may be edited, removed, modified, published, transmitted, and displayed by the Collaborative and you waive any rights you may have in in any modified material in any Submission.

You are solely responsible for the content of your Submission. The Collaborative has the right, but not the obligation, to review Submissions and to delete or edit any Submission that the Collaborative deems, in its sole discretion, unacceptable for any reason.

Notification of Claims of Copyright Infringement

The Collaborative will respond to allegations of copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent of a copyright owner and believe that any content on any of the Sites infringes on your copyright, you may submit a notification pursuant to the DMCA to the Collaborative’s designated agent:

Eugene R. Curry

Law Office of Eugene R. Curry

3010 Main Street

Barnstable, Massachusetts 02630

(508) 275-0070

ercurry@eugenecurry.com

Please include the following information in writing:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright that has allegedly been infringed;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing that is reasonably sufficient (through URL or otherwise) to allow the Collaborative to locate the material on the Site;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement, under pains and penalty of perjury, that your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
  • Information, if possible, sufficient to permit the Collaborative to notify the party that posted the alleged infringing content.

Any person that knowingly misrepresents that materials are infringing shall be liable to the Collaborative for any damages (including costs and attorneys’ fees) incurred as a result of removing or disabling access to the alleged infringing material.

Advertisements/Links

The Sites may contain advertisements or links to third party websites. The inclusion of advertisements on the Sites does not imply endorsement by the Collaborative of any advertised goods or services or of any third-party websites. If you choose to purchase advertised goods or services or access third party websites linked to the Sites, you do so at your own risk.

Third Party Providers

The Collaborative is using third party providers to present the NetZero Conference. Your participation in the NetZero Conference is subject to the terms of conditions of third-party providers, including without limitation, Whova, which is available at: https://whova.com/terms/.

Lawful Use

The Sites may be used for only lawful purposes.  By use of any of the Sites, you agree to:

  • Follow these Terms of Use and all applicable laws;
  • Provide only truthful and accurate information;
  • Not take any action that might compromise the security of the Site or disrupt the operation of the Site;
  • Not impersonate anyone else or otherwise misrepresent your identity, affiliation or status on any of the Sites;
  • Not upload to any of the Sites any malware, viruses, spyware, or other malicious software; and
  • Not to use the Site in any manner that might interfere with the rights of third parties.

The Collaborative reserves the right, but not the obligation, to contact appropriate authorities and to provide those authorities with information regarding any illegal or potentially illegal use of any of the Sites.

The Collaborative reserves the right, but not the obligation, to terminate without notice the account and access to the Sites of any user who, in the sole discretion of Collaborative, has engaged in illegal activity or violated these Terms of Use.

Privacy

Although the Collaborative has implemented certain security measures, the Collaborative cannot guaranty that the Sites will be free from unauthorized intrusion or otherwise guaranty the privacy of information of any user. For further information about privacy, please see the Collaborative’s privacy policy.

No Warranty/Limitation of Liability

THE COLLABORATIVE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY CONTENT OR OTHER INFORMATION PROVIDED THROUGH THE SITES.

THE COLLABORATIVE DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED, ERROR FREE, SECURE OR WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY. THE SITES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND FROM THE COLLABORATIVE. THE COLLABORATIVE DOES NOT MAKE ANY WARRANTIES, WITH RESPECT TO ANY CONTENT, SERVICES, PRODUCTS, OR OTHER MATERIAL PROVIDED THROUGH THE SITES, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, OR ACCURACY, ALL OF WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, EXCEPT TO THE EXTENT ANY WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW.

USE OF THE SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW YOU RELEASE THE COLLABORATIVE, ITS AFFILIATES, MEMBERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS FROM ANY AND ALL CLAIMS (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR ACTUAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY’S FEES AND COSTS), EVEN IF THE COLLABORATIVE HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, RELATING TO OR ARISING FROM YOUR USE OF THE SITE (OR INABILITY TO USE THE SITE) OR THE USE OF ANY CONTENT OR INFORMATION CONTAINED ON THE SITE. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED OR LIABILITY TO BE LIMITED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.

Indemnity

YOU ARE PERSONALLY RESPONSIBLE FOR YOUR CONDUCT WHILE ON THE SITE. WHEN YOU ACCESS THIS SITE, YOU AGREE TO IDEMINIFY AND HOLD THE COLLABORATIVE, ITS AFFILIATES, MEMBERS AND LICENSORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS AND THE OTHER USERS OF THIS SITE FROM ANY AND ALL CLAIMS, LIABILITIES, DAMAGES OR EXPENSES, INCLUDING ATTORNEY FEES, ARISING FROM OR RELATING TO YOUR USE OF THE SITE.

Governing Law/Interpretation

These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matter.  A waiver or modification of these Terms of Use shall only be effective if in a writing signed by an authorized officer or representative of the Collaborative.  These Terms of Service shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts in the United States without regard to choice of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts of the Commonwealth of Massachusetts and to waive any objection as to venue or forum.

If any provision of these terms and conditions is found to be unenforceable or invalid, the remaining provisions shall be enforceable and valid to the greatest extent permitted by law.

Changes to Terms of Use

The Collaborative reserves the right to modify or change these Terms of Use at any time. We will post significant changes to these Terms of Use on this page, which shall be your notice of the change. If you continue to use the Site after the change has been posted, you will be deemed to have agreed to the change. Therefore, the Collaborative encourages you to check these Terms of Use frequently.

Arbitration

Except for a claim of breach of a party’s obligations regarding Intellectual Property, any dispute between you and us shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitration shall be administered by JAMS, shall take place before a sole arbitrator and shall be conducted in Boston, Massachusetts. Judgment upon the arbitral award may be entered by any court having jurisdiction.

WAIVER OF JURY TRIAL.

THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RESPECTIVE RIGHTS TO A JURY TRIAL OF ANY DISPUTE. The scope of this waiver is intended to be all encompassing of any and all disputes that may be filed in any court or other tribunal.

Questions

Please contact us with any questions or concerns that you may have regarding the Collaborative Terms of Use by using the “Contact Us” button on the Sites.

Last revised September 25, 2020

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