Terms and Conditions

forestadaptation.org and www.climateframework.org

In order to use forestadaptation.org and www.climateframework.org (“Site”), you must agree to these Terms and Conditions and Privacy Policy. The Terms and Privacy Policy constitute a binding agreement between you and the Northern Institute of Applied Climate Science, hereafter referred to as NIACS, the owner/operator of the Site. This site is intended to share resources and information related to climate change adaptation. Many of the partners are public agencies and are publicly funded, therefore content on this site will generally be freely available for use. We encourage site visitors to contact Framework Coordinators or Partners with further inquiries about products and projects, and how to appropriately give credit to source authors.

Digital Rights and Copyright

Most information presented on the Site is considered public domain information. Public domain information may be freely distributed or copied, but use of appropriate byline/photo/image credits is requested. Some materials on the Site are protected by copyright, trademark, or patent, and/or are provided for personal use only. Such materials are used with permission, and we have made every attempt to identify and clearly label them. You may need to obtain permission from the copyright, trademark, or patent holder to acquire, use, reproduce, or distribute these materials.

Use of Site

The Site is an information sharing site for use in collaboration between colleagues in accordance with these Terms.  Any other use of the Site or Software is strictly prohibited, including without limitation, any of the following:

  • taking any action to interfere with the operation of the Site;
  • taking any action to (or attempting to) reverse engineer, download, copy or modify the Software in any way;
  • using the Site for any inappropriate or unlawful purpose;
  • uploading any Content onto the Site that is defamatory, threatening, obscene, harassing, infringing or otherwise unlawful; and/or
  • removing or modifying any copyright, trademark or other proprietary notices from the Site

Content Responsibility and Limitations

You are solely responsible for the information, data, materials and any other content (“Content”) you upload, post or communicate to the Site.  You are responsible for obtaining any necessary permission for any third party Content.  NIACS has the discretion to remove uploaded Content at any time; therefore, you should maintain copies and/or records of uploaded Content.  NIACS may also share Content in accordance with the Site’s Privacy Policy (shown below).

Termination

NIACS reserves the right to immediately terminate your access to the Site in the event of any violation of these Terms.  In the event of any termination or expiration of your access to the Site, and at your option, NIACS can provide for the transmission to you of all uploaded Content.  Otherwise, Content will be removed or deleted immediately after termination or expiration of your access to the Site.

NO WARRANTIES

THE SITE IS A VENUE FOR USERS TO SHARE PROFESSIONAL INFORMATION AND LINKS TO EXTERNAL SITES.  NIACS DOES NOT CREATE AND HAS NO RESPONSIBILITY FOR ANY CONTENT UPLOADED BY USERS ON THE SITE, WHICH IS PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.  NIACS MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND/OR VALIDITY OF ANY SITE CONTENT.  NIACS MAKES NO WARRANTY THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Indemnification

You agree to indemnify, defend and hold NIACS, its affiliates, agents, officers, employees and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to your use of the Site, a violation of these terms or any other law or regulation.

Limitation of Liability

YOU AGREE THAT NIACS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE.  IN NO EVENT SHALL NIACS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THE SITE CONTENT, REGARDLESS OF WHETHER NIACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AND, IN THAT EVENT, THE TOTAL AMOUNT OF NIACS’ LIABILITY TO YOU SHALL NOT EXCEED $100.00.

Governing Law and Jurisdiction

These terms of service are governed by the laws of the State of Michigan without reference to its conflict of laws provisions.  You agree that any dispute related to the terms of service and/or arising out of your use of the Site or the Site content shall be brought in the federal court sitting in the State of Michigan having jurisdiction thereof or the state circuit court in Houghton County, Michigan and you waive any claim that such courts do not have personal jurisdiction or are an inconvenient forum.  No claim or cause of action you may have relating to the terms of service and/or arising out of your use of the Site or the Site content must be commenced within one (1) year after the claim or cause of action arises.

Trademark

Use of the NIACS logo is intended for the official use of the Northern Institute of Applied Climate Science only. The NIACS logo is expressly excluded from use to imply endorsement of a commercial product or service. The symbol or logo may not be used by anyone without permission.

Links to Other Sites

The Site has links to many other Web sites. Once you access another site through a link that we provide, you are subject to the copyright and licensing restrictions of the new site. It is the sole responsibility of you, the user of this site, to carefully examine the content of the site and all linked pages for copyright and licensing restrictions and to secure all necessary permissions.

Entire Agreement

These terms of service constitute the entire agreement between you and NIACS with respect to the Site and it supersedes any and all prior or contemporaneous communications.  The failure of either party to require performance by the other party of any particular term shall not constitute a waiver of the term.  The invalidity or unenforceability of any term shall not effect the remaining terms of service.  A printed version of these terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as any other business documents or records originally generated and maintained in printed form.

 

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Privacy Policy

forestadaptation.org and www.climateframework.org

This Privacy Policy outlines the types of personal information we gather when you use NIACS (the “Site”), as well as some of the steps we take to safeguard it. We use this information to help us make our site more useful, to learn about the number of visitors to our site, the types of technology our visitors are using to visit our website, and to present relevant information to you based on your website browsing requests. We do not track your web activities beyond your browsing the Site. We do not cross reference your browsing habits with other entities, and we do not sell or give away your information to other entities.

Data collection

We collect non-personally identifying information that your browser makes available when you visit a website.  The information we store does not identify you personally. We automatically collect and store only the following information about your visit:

  • The Internet domain and IP address from which you access our website. For example, if you access our website from school, we see "schoolname.edu" and the school's IP address;
  • The type of browser and operating system used to access our site;
  • The date and time you access our site;
  • The pages you visit; and
  • If you linked to the Site from another website, the address of that website.

Cookies

Upon your first visit to the Site, a cookie may be sent to your computer that uniquely identifies your browser.  A "cookie" is a small file containing a string of characters that is sent to your computer when you visit a website.  We use cookies to improve the quality of the Site.  We do this by storing user preferences in cookies and by tracking user trends and patterns.  While most browsers are set up to accept cookies, you can reset your browser to refuse all cookies or to indicate when a cookie is being sent, however, the Site may not function as efficiently without cookies.

You Send Us Personal Information

Communication and collaboration are integral features of this website. If you choose to provide us with personal information, as in an e-mail, or by filling out a form and submitting it to us through our website, we use that information to respond to your message. We may share the information you give us with another professional entity if your inquiry relates to that entity and can help us respond to your message.

Children’s Online Privacy Protection Act (COPPA)

COPPA applies to the online collection of personal information from children under age 13. NIACS complies with COPPA and does not knowingly collect personal information about children.

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Communications regarding Terms and Conditions and Privacy Policy should be directed to: niacs@mtu.edu.