Terms and Conditions
Agreement between User and conservation.reefcause.com
Welcome to conservation.reefcause.com . The conservation.reefcause.com website (the “Site”) is comprised of various webpages operated by Conservation Reefcause (” Conservation Reefcause conservation.reefcause.com offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of conservation.reefcause.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting conservation.reefcause.com or sending emails to Conservation Reefcause constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements: notices, disclosures and other communications that we provide to you electronically: via email and on the Site: satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Conservation Reefcause does not knowingly collect either online or offline: personal Information from persons under the age of thirteen. Ifyouare under 1 S, you may use conservation.reefcause.com only With permission ofa parent or guardian.
Links to Third Party Sites/Third Party Services
conservation.reefcause.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Conservation Reefcause and Conservation Reefcause is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Conservation Reefcause is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Conservation Reefcause of the site or any association with its operators.
Certain services made available via conservation.reefcause.com are delivered by third party sites and organizations. By using any product service or functionality origmatmg from the conservation.reefcause.com domain: you hereby acknowledge and consent that Conservation Reefcause may share such information and data with any third party with whom Conservation Reefcause has a contractual relationship to provide the requested product service or functionality on behalf of conservation.reefcause.com users and customers.
No Unlawful or Prohibited Use/lntellectual Property
All content included as part of the Service: such as text, graphics: logos: images: as well as the compilation thereof, and any somvare used on the Site: is the property of Conservation Reefcause or its suppliers and protected by copyright and other laws that protect Intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices: legends or other restrictions contamed in any such content and v,fll not make any changes thereto.
You will not modify: publish, transmit: reverse engineer: participate m the transfer or sale: create derivative works, or in any way exploit any of the content: in whole or in pan found on the Site. Conservation Reefcause content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content You will use protected content solely for your personal use, and will make no other use of the content without the express v.ritten permission of Conservation Reefcause and the copyright ov:ner. You agree that you do not acquire any mvnership rights in any protected content. We do not grant you any licenses, express or implied: to the intellectual property of Conservation Reefcause or our licensors except as expressly authorized by these Terms.
The Service is controlled, operated and administered by Conservation Reefcause from our omces within the USX Ifyou access the Service from a location outside the USA_ you are responsible for compliance v:ithall local laws. You agree that you not use the Conservation Reefcause Content accessed through conservation.reefcause.com in any counü-y or in any manner prohibited by any applicable laws: restrictions or regulations.
You agree to indemnify: defend and hold harmless Conservation Reefcause its officers: directors: employees: agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attomey’s fees) relating to or arising out ofyour use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third palty, or your violation of any applicable laws: rules or regulations. Conservation Reefcause reserves the right, at its ov:n cost: to assume the exclusive defense and control of any matter othenvise subject to indemnification by you: in which event you Will funy cooperate with Conservation Reefcause in asserting any available defenses.
In the event the parties are not able to resolve any dispute benveen them arismg out of or concerning these Terms and Conditions: or any provisions hereof: whether in contract tort: or othenvise at law or m equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association: or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concems these Terms and Conditions: the prevailing parry shall be entitled to recover its costs and reasonable attornefs fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions: whether directly or indirectly: including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute: including the scope and enforceability of this arbitration provision shall be determmed by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions v,hll take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S NDIVIDUAL CAPACITY: AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND OR REPRESENTATIVE PROCEEDING: SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENEæAL ACTION AGAINST THE OTHER. Further, unless both you and Conservation Reefcause agree othenvise, the arbitrator may not consolidate more than one person’s claims: and may not othenvise preside over any form of a representative or class proceeding.
THE NFORNLATION: SOFTWARE PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE INCLUDE INACCUUCIES OR TYPOGuPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE HEREIN. Conservation Reefcause AND/OR ITS SITE AT TIME.
Conservation Reefcause AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY: RELABILITY, AVAILABILITY, TINELINESS: AND ACCURACY OF THE NFORNATION, SOFTWARE PRODUCTS, SERVICES AND RELATED GEUPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. ALL SUCH LNFORNATION: SOFTWARE PRODUCTS, SERVICES RELATED GUPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANYKIND. Conservation Reefcause AND OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARUNTIES AND CONDITIONS ‘\VITH REGARD TO THIS INFOæv1ATION, SOFTWARE PRODUCTS, SERVICES RELATED GUPHICS: INCLUDING ALL INNLIED WARFULNTIES OR CONDITIONS OF NERCHxNTABILITY, FITNESS FOR A PARTICULAR PURPOSE: TITLE AND NON-INFRINGEMENT.
TO THE NLAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SPALL Conservation Reefcause AND OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT: INDIRECT: PUNITIVE, INCIDENTAL, SPECAL: CONSEQUENTIAL DAMAGES OR ANY DANAGES VC’EATSOEVER INCLUDING, VCITHOUT LLMITATION, DANLAGES FOR LOSS OF USE DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORNANCE OF THE SITE WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES: THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANN LNFORNATION: SOFTWARE: PRODUCTS: SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTuCT, TORT, NEGLIGENCE STRICT LIABILITY OR OTHERWISE: EVEN IF ESTATE SERVICE ORANT OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES: THE ABOVE LLMITATION NAY NOT APPLY TO YOU _ IF YOU ARE DISSATISFIED ANY PORTION OF THE SITE OR WITH OF THESE TER„MS OF USE, YOUR SOLE EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Conservation Reefcause reserves the right: in its sole discretion: to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law: this agreement is governed by the laws of the State of New York and you hereby consent tothe exclusive jurisdiction and venue of courts in New York in all disputes arismg out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Conservation Reefcause as a result of this agreement or use of the Site. Conservation Reefcause ‘s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Conservation Reefcause‘s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Conservation Reefcause With respect to such use. If any pan of this 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 v.fll be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall contmue in effect.
Conservation Reefcause welcomes your questions or comments regarding this Statement of Privacy. Ifyoubelieve that Conservation Reefcause has not adhered to this Statement: please contact Conservation Reefcause at:
Ontario California USA
Effective as of January 01, 2020