1. Acceptance of Terms
By using the Service, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 17 below.
2. The Service
You understand and agree that the Service is provided "as-is" and that The Trustees of Reservations assumes no responsibility for, among other things:
(a) any service outages or interruptions;
(b) the unavailability of particular boards, features, or aspects of the Service;
(c) the inability to access the Service;
(d) the failure or inability to post materials to the Service;
(e) the deletion of materials posted to the Service; or
(f) the failure to store materials posted to the Service.
3. Content Accessible on the Service
The Service contains a variety of materials (the "Content") that users post. Please use caution and common sense when viewing these materials. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted it, and that you will be solely responsible for any Content that you post or otherwise transmit via the Service. You acknowledge that The Trustees of Reservations is not responsible for, does not control, does not endorse, and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity, or legitimacy of such Content. Under no circumstances will The Trustees of Reservations be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge that The Trustees of Reservations does not pre-screen Content, but agree that The Trustees of Reservations shall have the right (but not the obligation) to access boards and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, The Trustees of Reservations shall have the right to access boards and remove or restrict access to any Content that violates this Agreement or that The Trustees of Reservations believes is otherwise objectionable.
You acknowledge and agree that The Trustees of Reservations may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of The Trustees of Reservations, its users, and the public.
4. License Granted to The Trustees of Reservations
You grant The Trustees of Reservations the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, distribute, and publish any Content you post or contribute to the Service, for the purposes of displaying such information on The Trustees of Reservations site and for the promotion and marketing of The Trustees of Reservations. However, The Trustees of Reservations will not resell, attempt to resell, or otherwise convey these rights to any third party.
5. User Conduct
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national, or international law;
(b) infringe on the rights of any third party including, but not limited to, intellectual property rights and privacy or publicity rights;
(c) post, email, or otherwise transmit any Content that:
(i) is unlawful, threatening, harassing, abusive, tortious, inflammatory, defamatory, obscene, libelous, or invasive of another's privacy;
(ii) consists of instructional information on illegal activities;
(iii) violates or infringes in any way upon the proprietary rights of others;
(iv) constitutes pornography, or sexual material of an obscene nature or that violates local, state, or national laws;
(v) is the private information of another such as their addresses, phone number, social security number or credit card number; or
(vi) you do not have a right to post or transmit due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a Trustees of Reservations official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers, or boards accessible through the Service; or
(g) disseminate off-topic messages on boards advertising or promoting any product, service, web site, board, or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, The Trustees of Reservations may, at its sole discretion, terminate your password, account (or any part of it), or ability to use the Service, and remove and discard any Content within the Service.
You are solely responsible for your interactions with other users of the Service. The Trustees of Reservations reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
7. Limitations, Conditions, and Rules Regarding Service
You agree that The Trustees of Reservations may establish, in its sole discretion, any limitations, conditions, or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that The Trustees of Reservations has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Modification and Termination of Service
The Trustees of Reservations reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently the Service (or any part of it) with or without notice. You agree that The Trustees of Reservations shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You agree that The Trustees of Reservations, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that The Trustees of Reservations shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to, reproducing, distributing, republishing, or retransmitting material posted by other users without the prior permission of such users.
9. Other Web Sites and Resources
Third parties using the Service may provide links or access to other web sites and resources. Because The Trustees of Reservations has no control over such sites and resources, you acknowledge and agree that The Trustees of Reservations is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Trustees of Reservations shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. No Resale, Redistribution, or Reproduction of Service or Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, use of the Service, access to the Service, or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
11. Disclaimer of Warranties
You expressly understand and agree that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as-available” basis. The Trustees of Reservations expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) The Trustees of Reservations makes no warranty that:
(i) the Service will meet your requirements;
(ii) the Service will be uninterrupted, timely, secure, or error-free; and
(iii) the information that may be obtained from the use of the Service will be accurate or reliable.
(c) Any materials obtained through the use of the Service is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from any such material.
(d) No advice or information, whether oral or written, obtained by you through or from the service shall create any warranty by The Trustees of Reservations.
12. Limitation of Liability
You expressly understand and agree that The Trustees of Reservations shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Trustees of Reservations has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the Service.
You agree to indemnify and hold The Trustees of Reservations, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement, or the rights of another.
Notices to you may be made via either e-mail or regular mail. The Trustees of Reservations may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
15. Legal Disputes
This Agreement and your relationship with The Trustees of Reservations shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and The Trustees of Reservations agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
We may amend this Agreement at any time by posting the amended terms at www.thetrustees.org. All amendments shall automatically be effective once they are posted. Your use of the Service following the posting of any modifications shall constitute your binding acceptance of those modifications.
This Agreement constitutes the entire agreement between you and The Trustees of Reservations with respect to the Service and supersedes all prior agreements and understandings between you and The Trustees of Reservations. The Trustees of Reservations' failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder.