ENVIRONMENTAL LEARNING FOR KIDS – ELK

TERMS OF USE AGREEMENT


Welcome to the website for Environmental Learning for Kids ("ELK"). Your use of our website at www.elkkids.org (the "Site") or any of the services offered on this site (the "Services") is subject to these Terms of Use (the "Terms"). Your use of the Site constitutes your binding acceptance of these Terms, including any modifications made to the Terms. If you do not wish to be bound by the Terms, you may not access or use the Site.

Acceptance of the Terms. ELK is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the Terms of Use link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about ELK.

ELK has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:

(1) change or terminate all or any part of our Services;

(2) restrict or terminate your access to all or any part of our Services; or

(3) refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.

Access to the Site. ELK is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access.

User Obligations. For any personal information that you provide to us through the Site, you agree to provide true, accurate, current and complete information about yourself as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if ELK has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, ELK has the right to refuse any and all current or future use of the Site (or any portion thereof).

Account and Password Security. Depending upon the Services that it elects to offer, ELK may allow Site users to select a password and account designation upon completing a registration process for an online service provided through the Site. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to: (i) immediately notify ELK of any unauthorized use of your password or account or any breach of security, and (ii) ensure that you fully exit from your account at the end of each session. You further agree not to use anyone else's password on the Site. ELK cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.


Use of Interactive Areas. The Site may contain areas that allow for user interaction, including bulletin board services, chat areas, forums, or other message and communications features ("Interactive Areas"). You agree to post only messages, comments or other information that are proper, lawful, and related to the particular Interactive Area. In addition, but without limitation, you may not post content or engage in any other activity on the Site that:



ELK reserves the right to review, edit, or delete any content you post to this Site and to terminate your access to the Site or to any Interactive Area at any time without notice for any reason whatsoever.


Submissions to Interactive Areas. You acknowledge that all Interactive Areas are public and not private communications; therefore, any information or content you post to an Interactive Area may be read by others. ELK recommends that you avoid posting or otherwise disseminating any personally identifiable information in the Interactive Area.


ELK does not endorse or control the content, messages or information found in any Interactive Area and, therefore, ELK specifically disclaims any liability with regard to the Interactive Areas and any actions resulting from your participation in them.


Limits on Liability. ELK will not be liable for:


the contents of any communication, message, or information posted by you or other third parties;

the content of any website not controlled, owned, or operated by ELK that is accessed from or linked to this Site;

the content, services or information provided by any website purporting to be operated by ELK or its affiliates, but not actually affiliated with, controlled, owned, or operated by ELK;

any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and

any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use the Site, even if ELK has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the Site, or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site.


Content. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. ELK does not endorse or represent the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.


Third Party Websites. Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by ELK of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because ELK has no control over third-party websites and resources, you acknowledge and agree that ELK is not responsible for the information and contents of such third-party websites and does not endorse and is not responsible or liable for any content, statements, representations, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that ELK shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource.


Proprietary Rights. You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by ELK or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. Those portions of the Site owned by ELK are the copyright of ELK. All rights reserved. You agree that all of ELK's trademarks, trade names, service marks, logos and service names are trademarks and are property of ELK (the "ELK Marks"). You agree not to display or use in any manner the ELK Marks, without the express prior permission of ELK.

No Reproduction or Resale. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

Indemnification. You agree to indemnify, defend and hold ELK, its directors, officers, employees, agents, and other partners harmless from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the Terms or your infringement of any intellectual property or other right of any other person or entity.

Enforcement. ELK does not assume responsibility to you or others for any failure by ELK to enforce the provisions contained in the Terms.

Termination. You agree that ELK, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof) for any reason, including, without limitation, for lack of use or if ELK believes that you have violated or acted inconsistently with the letter or spirit of the Terms. ELK may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of the Terms may be effected without prior notice, and acknowledge and agree that ELK may immediately bar any further access to the Site. Further, you agree that ELK shall not be liable to you or any third party for any termination of your access to the Site.

General Acknowledgments. You acknowledge that ELK may establish general practices and limits concerning your use of the Site. You agree that ELK has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. ELK reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that ELK shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. You further acknowledge that ELK reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

Privacy. The terms and conditions of ELK’s Privacy Policy are located at http://www.elkkids.org/privacy.html and are incorporated herein by reference. In the event of a conflict between the terms of this the Terms and those in the Privacy Policy, the terms of the Privacy Policy shall govern.

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE AND INFORMATION AND MATERIAL IN THE SITE, ELK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

  2. ELK MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.

  3. ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELK OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.


Governing Law. You and ELK agree that the Terms and the relationship between you and ELK shall be governed by and construed in accordance with the laws of the State of Colorado without regard to its conflict of laws analysis. You and ELK hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Denver, Colorado, or the United States District Court for the District of Colorado for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and ELK irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.


Waiver. ELK’s failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ELK in writing.


Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and, notwithstanding such finding, all other provisions of the Terms shall remain in full force and effect.


Time Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.


Headings. The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.


Support. If you have any questions or concerns about this Site, the Terms or the Privacy Policy, please contact: info@elkkids.org