Terms of Use

Terms of Use

Revised: October 1, 2017

Introduction

Your access and use of this website (“Website”) is granted by The Xerces Society, Inc. (“Xerces”) subject to these Terms of Use (‘Terms”). By using this Website, you agree to accept all of the Terms. If you do not agree to be bound by the Terms, please don’t use this site.  Please also review our Privacy Policy for our commitment to protecting your personally identifiable information.

Xerces retains the right to modify the Terms at any time and to announce the modification with a modification date on this Terms of Use webpage. Your use of the Website after modification means you have accepted the changes.

Intellectual Property Rights

All content on this Website, including but not limited to, all written text, all sound and video recordings, all images (including pictures and graphics), all datasets, all trademarks, service marks, and trade names and the selection and arrangement of those elements,  is either the intellectual property of Xerces or is being used with permission of the holder of the copyright.

You are granted limited license only for purposes of viewing the content on this Website.  No other use is allowed without the prior written consent of the copyright holder, which may be denied in its sole discretion. Requests for permission from Xerces should be addressed to communications@xerces.org

You are specifically restricted from the following:

  • publishing any Website content in any other media without the prior written consent of Xerces;
  • downloading, copying, printing, displaying or using any Website content unless:(i) a clearly identified download link is provided; or (ii) explicit permission for copying, printing, displaying or use of specific content is given on the website; or (iii) you obtain the prior written consent of Xerces;
  • selling, sublicensing and/or otherwise commercializing any Website material;
  • using this Website in any way that is or may be damaging to this Website or to Xerces;
  • using this Website in any way that impacts user access to this Website;
  • using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
  • engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website; or
  • using this Website to engage in any advertising or marketing.

 

 

Third Party Links

Links to external, third-party websites may be provided but only as a convenience to our users and are not intended to be an endorsement of the third parties, their products or their services.   The external websites are not owned or operated by Xerces and Xerces has no responsibility or liability for the content of these linked sites.  Your use of those external websites is subject to the policies and terms of use of the website providers.

 

No Warranties

THIS WEBSITE IS PROVIDED “AS IS,” WITH ALL FAULTS, AND XERCES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED TO THIS WEBSITE OR THE MATERIALS CONTAINED ON THIS WEBSITE.  XERCES DOES NOT WARRANT THAT ANY INFORMATION ON THIS WEBSITE IS COMPLETE OR ACCURATE.

 

Limitation of Liability

IN NO EVENT SHALL XERCES, OR  ANY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES,  BE HELD LIABLE FOR CLAIMS OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE,  THIS WEBSITE.   IN NO EVENT SHALL XERCES, ITS OFFICERS, DIRECTORS AND EMPLOYEES SHALL BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT.

 

Indemnification

YOU HEREBY INDEMNIFY  XERCES TO THE FULLEST EXTENT  FROM AND AGAINST ANY AND/OR ALL LIABILITIES, COSTS, DEMANDS, CAUSES OF ACTION, DAMAGES AND EXPENSES ARISING IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE, ITS CONTENT OR YOUR  BREACH OF ANY OF THE PROVISIONS OF THESE TERMS.

 

Entire Agreement

These Terms are the entire agreement between Xerces and you in relation to your use of this Website and no Xerces employee is authorized to waive any of the terms except in a written communication specifically addressed to you. If any provision of the Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

 

Governing Law

These Terms will be governed by and interpreted in accordance with the laws of the State of Oregon, without regard to the conflict of laws.  By using this Website, you submit to the exclusive jurisdiction of the state and federal courts located in the State of Oregon for the resolution of any disputes.