Terms of Use

CENTER FOR HUMANS AND NATURE
TERMS & CONDITIONS

Last revised August 20, 2007

Welcome to The Center for Humans and Nature (the "Center")!

The Center maintains this website for your personal information and education. Your access to and use of this website is subject to the following Terms & Conditions. Please read these Terms & Conditions carefully before accessing or using this website, so that you fully understand your rights and responsibilities.

BY ACCESSING OR USING THIS WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THESE TERMS & CONDITIONS, INCLUDING WITHOUT LIMITATION OUR PRIVACY POLICY http://www.humansandnature.org/home/privacy_policy.php IN CONSIDERATION FOR YOUR USE OF AND ACCESS TO THIS WEBSITE, AND THE PROMISES AND OBLIGATIONS IN THESE TERMS & CONDITIONS, AND INTENDING TO BE LEGALLY BOUND, YOU AND THE CENTER AGREE TO ALL OF THESE TERMS & CONDITIONS. PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR REFERENCE.

IF YOU DO NOT AGREE WITH THE TERMS & CONDITIONS, DO NOT ACCESS THIS WEBSITE.

The Center reserves the right to modify or amend these Terms & Conditions at any time. All changes shall be effective immediately upon their posting. Material changes will be posted conspicuously on this website. By accessing the website following posting of changes to the Terms & Conditions, you agree to all such changes.

PRIVACY POLICY

By your access and use of this website, you hereby agree to the terms of the Center's Privacy Policy http://www.humansandnature.org/home/privacy_policy.php which are incorporated into these Terms & Conditions by this reference. Please review our Privacy Policy http://www.humansandnature.org/home/privacy_policy.php to understand our privacy practices.

WEBSITE USE

The Center grants you permission to download the content of this website and to print (1) one hard copy of this website's content for your personal use only. You may not otherwise use, copy, modify, distribute, reproduce, republish, disassemble, reverse engineer, decompile, mirror, or transmit any of the content or materials of this website or rent or sell use of or access to this website, or any of the content or materials on this website, without the prior express written permission of the Center.

You understand and agree that the Center may terminate or otherwise deny your access to the Website in its sole discretion and without notice in the event the Center reasonably believes you have (i) violated a provision of these Terms & Conditions or (ii) used or misused the website in a manner that the Center as determined is unlawful, unethical or otherwise inappropriate.

INTELLECTUAL PROPERTY RIGHTS

Many proprietary names and marks belonging to the Center appear throughout this website. The Center for Humans and Nature and its logo, are trademarks of the Center for Humans and Nature. This website may also contain references to third-party marks, and copies of third-party copyrighted materials, which are the property of their respective owners.

All copyrightable text, audio, video, graphics, charts, photographs, icons, and the design, selection, and arrangement of content in any medium on this website are the property of the Center and the Center owns all rights, including all intellectual property rights in such materials, unless otherwise noted. The distinctive and original layout and presentation of this website also constitutes protectable trade dress under applicable federal law.

Any unauthorized use of any trade dress, marks, or any other intellectual property belonging to the Center or any third party is strictly prohibited, and will be prosecuted to the fullest extent of the law.

THIRD PARTY MATERIALS

The Center provides you with access to certain materials on this website for your personal consideration and enjoyment. The views and opinions expressed in such materials posted on this website are solely the views of the authors of such materials and do not necessarily reflect the views or opinions of the Center. As such the Center has no liability for such views or opinions or any information or data contained in such materials.

NO LIABILITY

IN NO EVENT SHALL THE CENTER OR ANY OF ITS OFFICERS, REPRESENTATIVES, DIRECTORS, EMPLOYEES, CONSULTANTS, VOLUNTEERS OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR PERFORMANCE OF THIS WEBSITE OR ANY LINKED WEBSITE OR TO ANY MATERIAL, INFORMATION, DATA, PRODUCTS, OR SERVICES OBTAINED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF YOUR USE OF THIS WEBSITE, YOUR INABILITY TO USE THIS WEBSITE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE WEBSITE.

YOUR USE OF ANY INFORMATION, ADVICE OR MATERIALS PROVIDED ON THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above exclusions or limitations may not apply to you.

NO WARRANTY

The Center makes all commercially reasonable efforts to ensure that all material, information and data written or researched by the Center and provided to you on this website is accurate and reliable; however, accuracy cannot be guaranteed and the Center has no obligation to research, confirm or verify any third party materials.

As a result, this website is provided by the Center on an “AS IS” basis. The Center disclaims all warranties with respect to this website, including without limitation all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement and all warranties arising from a course of dealing or usage in trade. The Center makes no warranty or representation regarding the results that may be obtained from use of this website, or use of material, information or data downloaded or otherwise obtained from this website, or regarding the accuracy or reliability of any information obtained from this website. The Center does not warrant or guarantee (1) the accuracy, completeness, correctness, timeliness, or usefulness of this website or any material, information or data downloaded or otherwise obtained through use of this website or (2) that use of this website or any materials on this website will meet any user's requirement, be accurate, uninterrupted, timely, secure or error-free. The Center shall have no responsibility for the timeliness, deletion, misdelivery or failure to store any user communication.

You acknowledge and agree (1) that your use of this website is at your own discretion and risk, (2) that use of any material, information or data downloaded or otherwise obtained through the use of this website is at your own discretion and risk, and (3) that you are solely responsible for any damage to your computer system for loss of data that results from the download of such material, information or data, and for any other form of damage that may be incurred. The Center does not warrant or guarantee that files or other materials and information available through this website will be free of infections, viruses, worms, Trojan horses or other code that could be harmful to your computer system.

None of the parties involved in creating, producing, or delivering this website or its content, including without limitation the Center, shall be liable to users of this website for any damage resulting from use of this website or use of material, information or data downloaded or otherwise obtained from this website, nor are such parties in any way responsible for the conduct of users of this website or for information posted or exchanged on this website.

No advice or information, whether oral or written, obtained by you from the Center or in any manner from this website shall create any warranty.

If for any reason you are not satisfied with this website or the material, information or data downloaded or otherwise obtained from this website, your sole remedy is to cease using this website or such material, information or data.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Center, its officers, directors, representatives, employees, consultants, volunteers, and agents from and against any claims, allegations, damages, losses, liabilities or expenses (including, but not limited to attorneys' fees) that such party may suffer or incur as a result of your use or misuse of the website, or the violation of this Agreement, including without limitation, your infringement of any intellectual property or other right or policy of any person or the Center.

THIRD-PARTY WEBSITES

This website may link to, or be linked to, other websites not maintained by or related to the Center. Such links are provided only as a service to our visitors. The Center is not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked or linking website, unless specifically stated therein. The Center has not reviewed all such websites and is not responsible for the content, accuracy, or policies of any such websites. Your linking to any other pages or websites is at your own risk.

If you operate another website and are interested in linking to our website, you agree to be bound by the following rules: (1) the link must be a text-only link clearly marked; (2) the link must "point" to the URL http://www.humansandnature.org and not to any other pages; (3) the link, and use thereof, must be in connection with a website of appropriate subject matter which furthers the mission of the Center; (4) the link, and use thereof, may not be such that may damage or dilute the goodwill associated with the Center's name, trademarks or services; (5) the link, and use thereof, may not create the false appearance that another entity is associated with or sponsored by the Center; (6) the link, when activated by a user, must display this website full-screen and not with a "frame" on the linked website; and (7) the Center reserves the right to revoke consent to the link at any time in its sole discretion, either by amending these Terms and Conditions or through other notice.

THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS

If you believe that your copyright in any material has been infringed by the Center, please provide our Copyright Agent with all of the following information in the form prescribed by Section 512 of Title 17, United States Code:

1. a description of the copyrighted work you claim has been infringed,
2. a description of the material that you claim is infringing, identified with sufficient detail for the Center to locate it on the website,
3. your address, telephone number and e-mail address,
4. a statement by you that you have a good faith belief that the disputed use is not authorized,
5. a statement by you declaring under penalty of perjury that the above information is true and that you are the owner of the copyrighted interest or authorized to act on the copyright owner’s behalf, and
6. a physical or electronic signature of the person authorized to act on behalf of the copyright owner’s interest.

The Center’s Copyright Agent for notice of claims of copyright infringement on its website can be reached as follows:

You and the Center understand and agree that: (1) the Center assumes no liability or responsibility for any third party content or material of any kind that is submitted for or posted on the website by you or by any other users or third parties and (2) the Center is a publisher of any such content, and is acting solely as an Internet Service Provider as such term is defined in the Digital Millennium Copyright Act.

INTERPRETATION AND DISPUTES

Nothing in these Terms & Conditions will be construed to make the Center or its business associates, customers or you an agent, employee, joint venture, partner, franchisee-franchisor or legal representative of any of the others. None of us will either have or represent itself to have any authority to bind another to any obligation.

If any provision of these terms and conditions is held to be unenforceable, this holding will not affect the validity of the other provisions. The Center controls and operates this website from our offices in New York, New York. These terms and conditions, and your use of the website, will be governed by and interpreted in accordance with the laws of New York, excluding its conflicts-of-law rules. Any controversy or dispute will be submitted to the state or federal courts in and for New York state.

You hereby consent to the personal jurisdiction of the State of New York, acknowledge that venue is proper in any state or federal court in New York, New York, and waive any objection that may exist, now or in the future, with respect to any of the foregoing.

These Terms & Conditions constitute the complete and exclusive statement of the terms, conditions and representations of the agreement between us with respect to this website and the information and supersedes all other agreements with respect to the subject matter hereof.

ENTIRE AGREEMENT

By your access or use of this website, you hereby agree to these Terms & Conditions. These Terms & Conditions, together with the Center's Privacy Policy http://www.humansandnature.org/home/terms_of_use.php constitute the entire agreement between you and the Center with respect to your access and use of this website and supersede all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by the Center. These Terms & Conditions will inure to the benefit of the Center’s successors and assigns.

ELECTRONIC COMMUNICATIONS

You acknowledge that these Terms & Conditions are a valid and binding agreement. To the fullest extent permitted by law, you agree that these Terms & Conditions and any other documentation, agreements, notices or communications between you and the Center may be provided to you electronically. Please print a copy of all such documentation, agreements, notices or other communications for your reference.

CONTACTING US

If you have any other questions or concerns regarding these Terms & Conditions, please contact us at:

THE CENTER FOR HUMANS AND NATURE
109 West 77th Street, Suite 2
New York, NY 10024
212-362-7170
212-362-9592 (fax)
website@humansandnature.org

What's New
Message from the President
Read our digital magazine