National Fish and Wildlife Foundation

Terms and Conditions

These Terms and Conditions (“Terms and Conditions”) apply to the web sites (“Sites”) operated by the National Fish and Wildlife Foundation (“Foundation”), including this web site. By using the Sites, you agree to these Terms and Conditions and the Privacy Policy. If you do not agree to all of these Terms and Conditions and the Privacy Policy, you should not use the Sites. The Terms and Conditions and the Privacy Policy may change at any time. Your continued usage of the Sites will mean that you agree to those changes.

A. Content

The information presented on the Sites, including but not limited to reports, articles, catalogs, text, software, photographs, video, design, graphics, conservation library information, eCommunity information, or other material contained on the Sites (“Content”), is offered for informational purposes only. We will use reasonable efforts to include accurate and up-to-date Content and information on the Sites. From time to time, we will include content and/or information provided by third parties. By clicking on certain links within the Sites, you may leave the Sites for a web site not operated by the Foundation (“Third Party Sites”) which the Foundation neither owns nor controls. The Foundation has no responsibility for any of the material posted on any such Third Party Site and shall not be liable for your use of Third Party Sites or any content found there.

B. Use of Content

1. The Content may be protected by copyright, trademark or other intellectual property laws. Unless otherwise specified, title to the Content remains with the Foundation, its partners, affiliates, agents or licensees. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and/or other laws. Content and features are subject to change, deletion or removal without notice in the sole discretion of the Foundation. All rights not expressly granted herein are reserved to the Foundation, its partners, affiliates, agents or licensees.

You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Unless otherwise specified, the Foundation grants you a non-exclusive, non-transferable, limited right to access, use and display the Sites and the Content for personal or non-commercial use, provided that you comply fully with the provisions of these Terms and Conditions. You may not copy, reproduce, distribute or create derivative works from this Content or otherwise use, transmit, rebroadcast, publish, or distribute this Content in any form, other than as expressly authorized by these Terms and Conditions, without the Foundation’s prior, written consent. You understand and agree that you are permitted to make one (1) copy of such Content for your personal or non-commercial use only, provided you:

Keep all copyright and other proprietary notices on every copy you make.

Use the material in a manner consistent with these Terms and Conditions and in a manner that complies with all applicable laws in the jurisdiction in which you download, display or otherwise use the Content.

Understand that the Foundation is not transferring ownership of the materials directly or by implication, nor is the Foundation granting to you any license or right to the Foundation trademarks, tradenames, or copyrights of any party.

Using any of our materials for a commercial purpose without the Foundation’s express written consent, except as provided above, violates our copyrights and other proprietary rights.

2. Furthermore, you agree not to: (i) permit other individuals to use the Content except under the terms listed above; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Content; (iii) rent, lease, transfer, or otherwise transfer rights to the Content; or (iv) remove any proprietary notices or labels on the Content.

3. If any of these Terms and Conditions are violated, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

C. Liability of the Foundation and Its Partners

1. The use of the Sites and the Content is at your own risk.

2. When using the Sites, information will be transmitted over a medium that may be beyond the control and jurisdiction of the Foundation, its partners, affiliates, agents or licensees. Accordingly, the Foundation, its partners, affiliates, agents or licensees assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of its Sites.

3. From time to time, the Foundation may offer special gifts, products, or rewards that may be subject to the terms, restrictions or conditions of a third party vendor. The Foundation makes no representations or warranties about these products or vendors. The Foundation will not be considered a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and we will not be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

4. The Sites and the Content are provided on an "as is" basis. The Foundation, its partners, affiliates, agents or licensees,to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Without limiting the foregoing, the Foundation, its partners, affiliates, agents or licensees make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the Sites.

5. In no event shall the Foundation, its partners, affiliates, agents or licensees be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Sites or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Foundation is advised of the possibility of such damages. the Foundation shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. The Foundation, its partners, affiliates, agents or licensees are not liable for any personal injury, including death, caused by your use or misuse of the Sites, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Sites, any Content, or the areas on the Sites accessible to the public (“Public Areas”) must be brought within one (1) year of the date that the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

D. User Submissions

1. You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including message boards) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.

2. If you submit any business information, idea, concept or invention to the Foundation by email, you agree such submission is non-confidential for all purposes.

3. If you make any submission to the Sitesor if you submit any business information, idea, concept or invention to the Foundation by email, you automatically grant or warrant that the owner of such content or intellectual property has expressly granted the Foundation a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. The Foundation may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Sites or the Foundation.

4. If you are a registered user or subscriber of the Sites, you are entirely responsible for maintaining the confidentiality of your password and user account information. You must notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password. You are entirely responsible for any and all activities which occur under your user account. You agree to immediately notify us of any unauthorized use of your user account or any other breach of security known to you.

5. By submitting any information as an application for a grant or any other Foundation program, you warrant that such information is truthful and accurate.

E. Terms of use for Public Areas of the Sites

1. If you use the portions of the Sites that permit users to submit Content that is accessible to other users (“Public Areas”), such as a chat room or a bulletin board, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. The Foundation is not responsible for the consequences of any communications in the Public Areas and will not be liable for any such consequence. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

2. All forum communications, including, but not limited to chat and message board communications, are public and not private communications. We reserve the right to monitor some, all, or no areas of the Sites for adherence to community standards or conduct guidelines set forth above or for any other purpose. You acknowledge that by providing you with the ability to distribute postings in the forums, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any postings or activities in any forum. Although we reserve the right to remove, without notice, any forum posting for any reason, we have no obligation to delete postings that you may find objectionable or offensive.

3. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a violation of the Terms and Conditions for the Public Areas:

Using a Public Area for any purpose in violation of local, state, national, or international laws;

Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;

Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by the Foundation in its sole discretion;

Posting advertisements or solicitations of business;

After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);

Posting chain letters or pyramid schemes;

Impersonating another person;

Distributing viruses or other harmful computer code;

Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments;

Allowing any other person or entity to use your identification for posting or viewing comments;

Posting the same note more than once or "spamming";

Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Sites, or which, in the judgment of the Foundation, exposes the Foundation or any of its customers or suppliers to liability or detriment of any type.

Forging headers or otherwise manipulating identifiers in order to disguise the origin of any postings or other materials transmitted to or through this Sites;

Uploading, posting, e-mailing or otherwise transmitting any postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the function of any computer software or hardware or telecommunications equipment;

Disrupting the normal flow of dialogue, causing a screen to “scroll” faster than other uses of a public area are able to type, or otherwise acting in a manner that negatively affects other users’ ability to use any forum;

Interfering with or disrupting this Sites or servers or networks connected to this Sites; or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites; or

“Stalking” or otherwise harassing another user or employee of this Sites.

4. The Foundation reserves the right (but is not obligated) to do any or all of the following in response to your violation of the Terms of Conditions for the Public Areas:

Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).

Remove communications, which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.

Terminate a user's access to any or all Public Areas and/or the Sites upon any breach of these Terms and Conditions.

Delete any communication(s) posted on the Sites, regardless of whether such communication(s) violate these standards.

The Foundation reserves the right to take any action it deems necessary to protect the personal safety of our guests or the public. The Foundation has no liability or responsibility to users of the Sites or any other person or entity for performance or nonperformance of the aforementioned activities.

F. Advertisements, Searches and Links to Other Web Sites

The Foundation may provide links to third-party web sites. The Foundation does not recommend and does not endorse the content on any third-party web sites. The Foundation is not responsible for the content of linked third-party Sites, Sites framed within the Sites, third-party Sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party web sites is at your own risk and subject to the terms and conditions of use for such Sites. The Foundation does not endorse any product published on the Foundation Sites.

G. Indemnity

You agree to defend, indemnify, and hold the Foundation, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Sites or the violation of these Terms and Conditions or any product related hereto.

H. General

Access to the Content may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms and Conditions for any reason whatsoever: Liability, User Submissions, Indemnity, Jurisdiction, and Complete Agreement.

I. Jurisdiction

1. You expressly agree that exclusive jurisdiction for any dispute with the Foundation, or in any way relating to your use of the Sites, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving the Foundation or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.

2. These Terms and Conditions are governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

J. Complete Agreement

These Terms and Conditions and the Privacy Policyconstitute the entire agreement between you and the Foundation with respect to the use of the Foundation Sites and the Content.

Thank you for your cooperation. We hope you find the Sites helpful and convenient to use! Questions or comments regarding the Sites, including any reports of non-functioning links, should be directed by electronic mail to info@nwf.org or via U.S. mail to the Foundation at: National Fish and Wildlife Foundation, Director of Internet Services, 1120 Connecticut Avenue, NW, Suite 900, Washington, D.C. 20036, Phone: 202-857-0166.