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Terms of Service
The following terms and conditions govern the Hydrologic Gallatin™ Application and Web Service (“Hydrologic Gallatin™”) available at or through the fccfmt.org website.
Hydrologic Gallatin™ is owned and operated by Visual Life Web LLC d.b.a. sciGaia (“sciGaia”). Hydrologic Gallatin™ is licensed to Four Corners Community Foundation (“FCCF”) for use in the upper Gallatin River watershed.
By accepting these Terms of Service or by accessing or using Hydrologic Gallatin™, 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 Hydrologic Gallatin™.
Use of Hydrologic Gallatin™
sciGaia owns the copyright and all intellectual property rights in Hydrologic Gallatin™. Subject to the license below, all these intellectual property rights are reserved.
In order to access and use Hydrologic Gallatin™, you need a written invitation and an authorized user account and password to login to Hydrologic Gallatin™ provided by FCCF.
Currently, Hydrologic Gallatin™ 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 Hydrologic Gallatin™ for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
Hydrologic Gallatin™ is provided exclusively for your use, not for any personal or professional purpose;
You can access Hydrologic Gallatin™ 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 Hydrologic Gallatin™.
Your access to Hydrologic Gallatin™ 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 Hydrologic Gallatin™ to 3rd parties.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
You must not:
You must not use Hydrologic Gallatin™ in any way that causes, or may cause, damage to Hydrologic Gallatin™ or impairment of the availability or accessibility of Hydrologic Gallatin™; 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 Hydrologic Gallatin™ 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 Hydrologic Gallatin™ without sciGaia’s express written consent;
You must not use Hydrologic Gallatin™ or its web host to transmit or send unsolicited commercial communications;
You must not use Hydrologic Gallatin™ for any purposes related to marketing without sciGaia’s express written consent.
Access to certain areas of Hydrologic Gallatin™ is restricted. sciGaia reserves the right to restrict access to other areas of Hydrologic Gallatin™, 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 Hydrologic Gallatin™ 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.
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 Hydrologic Gallatin™, 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 Hydrologic Gallatin™ 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 Hydrologic Gallatin™, or stored on sciGaia’s servers, or hosted or published upon Hydrologic Gallatin™.
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, Hydrologic Gallatin™.
Hydrologic Gallatin™ is provided “as is” without any representations or warranties, express or implied. Neither FCCF or sciGaia makes any representations or warranties in relation to Hydrologic Gallatin™ or the information and materials provided on Hydrologic Gallatin™.
Without prejudice to the generality of the foregoing paragraph, FCCF and sciGaia does not warrant that:
Nothing on Hydrologic Gallatin™ 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, Hydrologic Gallatin™:
These limitations of liability apply even if FCCF or sciGaia has been expressly advised of the potential loss.
Nothing in Hydrologic Gallatin™ disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in Hydrologic Gallatin™ disclaimer will exclude or limit FCCF’s or sciGaia’s liability in respect of any:
By using Hydrologic Gallatin™, you agree that the exclusions and limitations of liability set out in Hydrologic Gallatin™ disclaimer are reasonable.
If you do not think they are reasonable, you must not use Hydrologic Gallatin™.
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 Hydrologic Gallatin™.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in Hydrologic Gallatin™ disclaimer will protect FCCF’s and sciGaia’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as FCCF and sciGaia.
If any provision of Hydrologic Gallatin™ disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Hydrologic Gallatin™ disclaimer.
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 Hydrologic Gallatin™, prohibiting you from accessing Hydrologic Gallatin™, blocking computers using your IP address from accessing Hydrologic Gallatin™, contacting your internet service provider to request that they block your access to Hydrologic Gallatin™ and/or bringing court proceedings against you.
sciGaia may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of Hydrologic Gallatin™ from the date of the publication of the revised terms and conditions on Hydrologic Gallatin™. Please check this page regularly to ensure you are familiar with the current version.
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.
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.
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.
sciGaia grants to you a non-exclusive revocable license to: view Hydrologic Gallatin™ and the material on Hydrologic Gallatin™ on a computer or mobile device via a web browser; copy and store the material on Hydrologic Gallatin™ in your web browser cache memory; and print pages from Hydrologic Gallatin™ for your own personal and non-commercial use. sciGaia does not grant you any other rights in relation to Hydrologic Gallatin™ or the material on Hydrologic Gallatin™. 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 Hydrologic Gallatin™ or the material on Hydrologic Gallatin™ (in any form or media) without both sciGaia's prior written permission.
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 email@example.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.
This online application (“Program”) is a work in progress and is designed as a proof of concept. The project sponsor’s and developer’s goal is to elicit feedback from a limited number of users and to incorporate their feedback into a subsequent version. This application is not currently designed for public use and the information contained in this application is not necessarily vetted or authoritative. Some of the data, calculations, maps, and visualizations are preliminary and the developers make no claim to the completeness or accuracy of the data or conclusions presented in this application. Until the application is completed, we recommend that the information contained in this program not be used for making policy, nor should this information be quoted as factual.
Neither the Sponsor (“Four Corners Community Foundation”) nor the Developer (“Visual Life Web LLC d.b.a. sciGaia”) will 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, this Program: to the extent that the Program is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if the Sponsor or Developer has been expressly advised of the potential loss.”This Program is provided “as is” without any representations or warranties, express or implied. sciGaia makes no representations or warranties in relation to this Program or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, the Sponsor and Developer do not warrant that: this Program will be constantly available, or available at all; or the information in this Program is complete, true, accurate or non-misleading. Nothing on this Program or website 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. Please refer to Terms and Conditions for more details related to the use of this Program and Website.”