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Terms of Service The following terms and conditions govern the H2OTools Application and Web Service (“H2OTools”) available at or through the fccfmt.org website. H2OTools is owned and operated by Visual Life Web LLC d.b.a. sciGaia (“sciGaia”). H2OTools is licensed to Four Corners Community Foundation (“FCCF”) for use in the upper Gallatin River watershed. H2OTools is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, sciGaia's and FCCF' Privacy Policy) and procedures that may be published from time to time on this site by FCCF or sciGaia (collectively, the "Agreement"). Please read this Agreement carefully before accessing the H2OTools. By accepting these Terms of Service or by accessing or using H2OTools, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If You are entering into this Agreement on behalf of an organization or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and may not use H2OTools.
Use of H2OTools sciGaia owns the copyright and all intellectual property rights in H2OTools. Subject to the license below, all these intellectual property rights are reserved. In order to access and use H2OTools, you need a written invitation and an authorized user account and password to login to H2OTools provided by FCCF. Currently, H2OTools is a prototype and is not meant for public access. You may view, download for caching purposes only, and print pages or other content (if you are authorized to do so) from H2OTools for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. H2OTools is provided exclusively for your use, not for any personal or professional purpose; You can access H2OTools from your personal computer, laptop, iPad, or smartphone or your organization’s computer if you do not have a personal computer or device, provided you do not allow any other persons in your organization access to H2OTools. Your access to H2OTools is provided for a three-month period from the date of this agreement and may be extended by approval of the Executive Director of FCCF. You may promote the usefulness or discuss high-level capabilities of H2OTools to 3rd parties. Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not:
Acceptable use You must not use H2OTools in any way that causes, or may cause, damage to H2OTools or impairment of the availability or accessibility of H2OTools; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; You must not use H2OTools to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to H2OTools without sciGaia’s express written consent; You must not use H2OTools or its web host to transmit or send unsolicited commercial communications; You must not use H2OTools for any purposes related to marketing without sciGaia’s express written consent.
Restricted access Access to certain areas of H2OTools is restricted. sciGaia reserves the right to restrict access to other areas of H2OTools, or indeed this entire website where it is accessible, at sciGaia’s discretion. If FCCF or sciGaia provides you with a user ID and password to enable you to access restricted areas of H2OTools or other content or services, you must ensure that the user ID and password are kept confidential. FCCF or sciGaia may disable your user ID and password in their sole discretion without notice or explanation.
User content In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to H2OTools, for whatever purpose. You grant to sciGaia a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to sciGaia the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or sciGaia or a third party (in each case under any applicable law). You must not submit any user content to H2OTools that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. sciGaia reserves the right to edit or remove any material submitted to H2OTools, or stored on sciGaia’s servers, or hosted or published upon H2OTools. Notwithstanding sciGaia’s rights under these terms and conditions in relation to user content, sciGaia does not undertake to monitor the submission of such content to, or the publication of such content on, H2OTools.
No warranties H2OTools is provided “as is” without any representations or warranties, express or implied. Neither FCCF or sciGaia makes any representations or warranties in relation to H2OTools or the information and materials provided on H2OTools. Without prejudice to the generality of the foregoing paragraph, FCCF and sciGaia does not warrant that:
Nothing on H2OTools constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability FCCF and sciGaia will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, H2OTools:
These limitations of liability apply even if FCCF or sciGaia has been expressly advised of the potential loss.
Exceptions Nothing in H2OTools disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in H2OTools disclaimer will exclude or limit FCCF’s or sciGaia’s liability in respect of any:
Reasonableness By using H2OTools, you agree that the exclusions and limitations of liability set out in H2OTools disclaimer are reasonable. If you do not think they are reasonable, you must not use H2OTools.
Other parties You accept that, as a limited liability entity, FCCF and sciGaia has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against FCCF or sciGaia officers or employees in respect of any losses you suffer in connection with H2OTools. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in H2OTools disclaimer will protect FCCF’s and sciGaia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FCCF and sciGaia.
Unenforceable provisions If any provision of H2OTools disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of H2OTools disclaimer.
Indemnity You hereby indemnify FCCF and sciGaia and undertake to keep FCCF and sciGaia indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by FCCF or sciGaia to a third party in settlement of a claim or dispute on the advice of FCCF or sciGaia’s legal advisers) incurred or suffered by FCCF or sciGaia arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions Without prejudice to FCCF’s or sciGaia’s other rights under these terms and conditions, if you breach these terms and conditions in any way, FCCF and/or sciGaia may take such action as they deems appropriate to deal with the breach, including suspending your access to H2OTools, prohibiting you from accessing H2OTools, blocking computers using your IP address from accessing H2OTools, contacting your internet service provider to request that they block your access to H2OTools and/or bringing court proceedings against you.
Variation sciGaia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of H2OTools from the date of the publication of the revised terms and conditions on H2OTools. Please check this page regularly to ensure you are familiar with the current version.
Assignment sciGaia may transfer, sub-contract or otherwise deal with sciGaia’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement These terms and conditions, together with our Privacy Policy and Confidentiality Policy, constitute the entire agreement between you and sciGaia in relation to your use of H2OTools, and supersede all previous agreements in respect of your use of H2OTools.
Law and jurisdiction These terms and conditions will be governed by and construed in accordance with the State of Montana’s governing law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Montana.
Copyright Notice sciGaia grants to you a non-exclusive revocable license to: view H2OTools and the material on H2OTools on a computer or mobile device via a web browser; copy and store the material on H2OTools in your web browser cache memory; and print pages from H2OTools for your own personal and non-commercial use. sciGaia does not grant you any other rights in relation to H2OTools or the material on H2OTools. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public H2OTools or the material on H2OTools (in any form or media) without both sciGaia's prior written permission. sciGaia Details sciGaia is a d.b.a of Visual Life Web LLC, registered in Montana, Folder ID #: C210283. sciGaia’s registered address is P.O. Box 10505, Bozeman, MT 59719. You can contact a representative of the company by email to info@scigaia.com .
Four Corners Community Foundation Details Four Corners Community Foundation is a registered nonprofit organization, located at 330 North Wallace Avenue Bozeman MT 59715. You can contact a representative of the company by email to info @fccfmt.org. |