LAST UPDATED: May 1, 2009
PLEASE READ THE FOLLOWING TERMS OF SERVICE RELATING TO YOUR USE OF THE NATURE ROCKS WEBSITE CAREFULLY. THESE TERMS OF SERVICE GOVERN YOUR USE OF THE NATURE ROCKS WEBSITE AND ALL SERVICES OFFERED THROUGH THE WEBSITE.
These Terms of Service (“TOS”) apply to all users of the Nature Rocks™ website (the “Site”). By using this Site (including any content posted on the Site), you signify your acceptance of these TOS, and the Nature Rocks Privacy Policy, which are incorporated by reference into these TOS and made a part hereof. Nature Rocks reserves the right to update or change these TOS at any time by posting the most current version of the TOS on the Site. Your continued use of the Site after we post any changes to the TOS signifies your agreement to any such changes. If you do not agree to these TOS, you must discontinue using the Site. This Site is owned and operated by ecoAmerica. All references to Nature Rocks herein shall be deemed to include ecoAmerica.
Website Access.
THIS IS A WEBSITE FOR PARENTS, OFFERING THEM A POSITIVE AND INTERESTING ENVIRONMENT WHERE THEY CAN RECEIVE INFORMATION ON HOW TO CONNECT THEIR FAMILIES TO NATURE. TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 16 YEARS OLD OR OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 16 YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED.
How You Can Use the Services.
This Site and the Services offered are intended for your personal, noncommercial use in accordance with these TOS. You agree that you will not (i) copy, display or distribute any part of the Site, in any medium, without Nature Rocks’ prior written consent, or (ii) alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose.
You further agree that you will not use any automated devices, such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute content available on the Site, or to manipulate the Site or the Services, or otherwise exceed the limited access granted to you by Nature Rocks. You will take no action to interfere with, interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment. You will not distribute or transmit any content or software or other computer files that contain a computer virus or other harmful component
Proprietary Rights
The Site and all material published on the Site, including, but not limited to text, photographs, video, text, graphics, music, sounds, messages, comments, ratings, and other materials is owned by ecoAmerica or its licensors and is protected by copyright, patents, trademarks, trade secrets and/or other proprietary rights, including under the United States copyright laws. ecoAmerica owns a copyright in the selection, coordination, arrangement and enhancement of such content and a copyright in the Site.
All trademarks appearing on this Site ("Marks") are trademarks of their respective owners, including ecoAmerica and its partners. Users are prohibited from using any Marks without the written permission of ecoAmerica or such third party that may own the Marks.
Content on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the content, in whole or in part, without ecoAmerica’s prior written consent. You may download content for your personal, non-commercial use only as provided in these TOS, provided that you keep intact all copyright and other proprietary notices. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.
No License Granted.
Except for allowing you to use the Site for your personal use as set forth in the paragraph above, when you use the Site, you are not receiving a license or any other rights from us, including intellectual property or other proprietary rights of Nature Rocks. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR ANY OTHER NATURE ROCKS PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS.
Age Requirements.
You must be at least 16 years old to join Nature Rocks and to use the Services. The Nature Rocks Site and Services is not intended for children under the age of 16. Nature Rocks does not knowingly collect personal information from children under the age of 16.
Communications from Nature Rocks.
By registering for Nature Rocks newsletters, you will receive online communications from Nature Rocks. To unsubscribe from any Nature Rocks email list, simply click on the “Unsubscribe” link at the bottom of the email and your name will be removed from that mailing list.
PRIVACY POLICY. By agreeing to these terms, you acknowledge that Nature Rocks may collect, use and disclose your information as described in our Privacy Policy.
Links.
The Site, or Members, may provide links to other World Wide Web sites or resources. Because ecoAmerica has no control over such sites and resources, you acknowledge and agree that ecoAmerica is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials or available from such sites or resources. You further acknowledge and agree that ecoAmerica shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Indemnity.
You understand that you are personally responsible for your behavior while on the Site and agree to indemnify and hold ecoAmerica, and its affiliates, business partners, and their respective officers, directors, employees, and agents, harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that we may incur in connection with a third party claim or otherwise, in relation to your use of the Services or access to the Site, or your violation of either these TOS, applicable law or the rights of any third party.
Disclaimer of Warranties.
YOU UNDERSTAND THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND "WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT NATURE ROCKS MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU UNDERSTAND THAT ECOAMERICA DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH IN THIS DOCUMENT.
YOUR USE AND BROWSING OF THE SITE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE SITE OR SERVICES, OR WITH ANY OF THESE TOS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ECOAMERICA AND NATURE ROCKS PARTNERS DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THE SITE AND SERVICES.
THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NATURE ROCKS, ECOAMERICA AND NATURE ROCKS PARTNERS ARE NOT ENGAGED IN RENDERING LEGAL, MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. ECOAMERICA ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING ANY SITUATION THAT REQUIRES SUCH ATTENTION.
ECOAMERICA AND NATURE ROCKS PARTNERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA THE WEB SITE. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.
Liability Disclaimer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ECOAMERICA OR NATURE ROCKS PARTNERS BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE SERVICES, EVEN IF ECOAMERICA HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE.
If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason, then our aggregate liability for all claims under such circumstances for liabilities shall not exceed ten dollars ($10).
Digital Millennium Copyright Act ("DMCA") Notice.
Materials may be made available via the Site and the Services by third parties not within our control. We are under no obligation to, and do not, scan content posted, however, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Site or the Service.
If you believe any materials on the Site or the Service infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
ecoAmerica
Att: Nature Rocks
2000 P St NW, Suite 410
Washington, DC 20036
Third Party Products and Services.
You may order services, merchandise or other products through the Site from other parties (collectively, the "Third Party Sellers"). All matters concerning the services, merchandise and other products desired from the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. ecoAmerica and Nature Rocks partners make no warranties or representations whatsoever with regard to any services, merchandise or other products provided by the Third Party Sellers. You will not consider ecoAmerica or Nature Rocks partners (and we will not be construed as) a party to such transaction, whether or not we may have received some form of revenue or other remuneration in connection with such transactions, and ecoAmerica 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 transactions.
SUBMISSIONS. It has been the long-standing policy of ecoAmerica not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter "Submissions") other than those specifically requested, such as UGC. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by ecoAmerica’ professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of ecoAmerica, such as UGC, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. ecoAmerica will not be liable for any use or disclosure of any Submissions.
EMAIL. Email submissions over the internet may not be secure. Please do not email ecoAmerica or Nature Rocks any personal or confidential information. Please refer to our Privacy Policy for information how Nature Rocks uses your information.
Miscellaneous.
These TOS are the entire agreement between you and ecoAmerica. They supersede any and all prior or contemporaneous agreements between you and ecoAmerica relating to your use of the Site or the Services. If any part of these TOS is determined to be invalid or unenforceable, it will not impact any other provision of these TOS, all of which will remain in full force and effect. The failure of ecoAmerica to partially or fully exercise any rights or the waiver of ecoAmerica of any breach of these TOS by you, shall not prevent a subsequent exercise of such right by ecoAmerica or be deemed a waiver by ecoAmerica of any subsequent breach by you of the same or any other term of these TOS. The rights and remedies of ecoAmerica under these TOS and any other applicable agreement between you and ecoAmerica shall be cumulative, and the exercise of any such right or remedy shall not limit ecoAmerica’ right to exercise any other right or remedy.
These TOS are governed by, and will be interpreted in accordance with, the laws of the Washington DC, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by ecoAmerica for any violation of ecoAmerica’s proprietary or other rights, any and all disputes relating to these TOS, your use of the Site or the Services shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Washington DC, USA.