Terms & Conditions

PLEASE READ THIS AGREEMENT CAREFULLY; THIS IS A BINDING CONTRACT. The Cook Forest Conservancy (“CFC,” or the “Conservancy”) offers this website, including all information, software, products and services available from this website or offered as part of or in conjunction with this website (collectively, the “website”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here.

TERMS:

• The term “cookforestconservancy.org,” “CFC,” “us,” or “we” refers to the owner of the website.
• The term “you” or “your” refers to the user or viewer of our website.
• The term “website,” as used herein, collectively comprises this website, and all information, software, products, and services available from this website, or offered as part of or in conjunction with this website.
• The term “content,” as used herein, includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from The Cook Forest Conservancy’s licensors, and other materials.

The use of this website is subject to the following terms and conditions:

The Cook Forest Conservancy may revise this Agreement at any time by posting the amended Terms of Use in this location, and you agree that you will be bound by any changes to the Terms of Use. You understand that The Cook Forest Conservancy may discontinue or restrict your use of this website for any reason, and may block access to this website from or for any particular Internet (or IP) address. The Cook Forest Conservancy reserves the right to change or discontinue at any time any aspect or feature of the website.

Your continued use of the website constitutes your agreement to all such terms, conditions and notices, and any changes to the Terms and Conditions made by The Cook Forest Conservancy.

EXCLUSION OF LIABILITY

Use the website at your own risk. This website is provided to you “as is” and “as available,” without warranty of any kind either express or implied. Neither The Cook Forest Conservancy or the website, nor its employees, agents, third-party information providers, merchants, licensors or the like warrant that the website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the website on behalf of The Cook Forest Conservancy. You are encouraged to confirm the information contained herein. You should not construe The Cook Forest Conservancy’s publication of any content on this website as a warranty or guarantee of the quality or availability of any goods or services.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

INDEMNIFICATION

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

LINKS TO THIRD PARTY WEBSITES AND USE OF MARKS

For your convenience, cookforestconservancy.org may contain links to websites operated by other parties. Use of these sites is at your own risk. The linked sites are not owned or operated by or under the control of The Cook Forest Conservancy, and The Cook Forest Conservancy has no control over, and is not responsible for, the content available on the other sites. Such links do not imply The Cook Forest Conservancy’s endorsement of information or material on any other site, and The Cook Forest Conservancy disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by The Cook Forest Conservancy with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.
All trade marks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

COPYRIGHT & USE OF MATERIALS ON THIS SITE

Title to the content on this website remains with The Cook Forest Conservancy. The Cook Forest Conservancy invites you to view and use a single copy of the materials obtained from this website for your personal, non-commercial use. Except as expressly permitted on this website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, content, or services obtained from this website. No graphics, photographs or other visual elements obtained through this website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or The Cook Forest Conservancy. You are not permitted to use the materials on this website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this website.

Except for material in the public domain under United States copyright law, all material contained on the website (including all software, HTML, and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the website without the prior consent of the copyright owner.
None of the material contained on The Cook Forest Conservancy website may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of The Cook Forest Conservancy. Violation of this provision may result in severe civil and criminal penalties.

ELIGIBILITY

By using this website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this website does not violate any applicable law or regulation.

LINKS TO COOK FOREST CONSERVANCY WEBSITE & CONTENT

Unless otherwise set forth in a written agreement between you and The Cook Forest Conservancy, you must adhere to The Cook Forest Conservancy’s linking policy, as follows:

• (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with The Cook Forest Conservancy’s name and trademarks,
• (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with The Cook Forest Conservancy,
• (iii) when selected by a user, the link must display this website on full-screen and not within a “frame” on the linking website, and
• (iv) The Cook Forest Conservancy reserves the right to revoke its consent to the link at any time and in its sole discretion.

Use or misrepresentation of any of The Cook Forest Conservancy’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.

DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COOK FOREST CONSERVANCY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.

THE COOK FOREST CONSERVANCY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COOK FOREST CONSERVANCY DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF THE COOK FOREST CONSERVANCY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify, defend and hold The Cook Forest Conservancy, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of this website and/or breach of this Agreement.

COPYRIGHT

The website, including all text, graphics, user interfaces, visual interfaces, photographs, sounds, audio, video, artwork, computer code (including HTML, CSS, XML, and JavaScript), interactive features, UGC functionality, programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, and arrangement of any content contained on or available through the website, unless otherwise indicated, is protected by U.S. and international copyright laws. The Cook Forest Conservancy also owns a copyright in the content of this website, and any user-submitted content licensed to The Cook Forest Conservancy by you as collective work and/or compilation, and in the selection, coordination, arrangement, and enhancement of the content or user-submitted content on this website. Any downloadable or printable programs, information, or materials available through this website and all copyrights, trade secrets, and know-how related thereto, unless otherwise indicated, are owned by The Cook Forest Conservancy. Except for your use as authorized above, you may not modify, reproduce or distribute the content, design or layout of this website, or individual sections of the content, design or layout of this website, without The Cook Forest Conservancy’s express prior written permission.

NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT

If you are a copyright owner or agent thereof and believe that content posted on this website infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our office with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on this website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached by mail at: The Cook Forest Conservancy, ATTN: COPYRIGHT, P.O. Box 168, Cooksburg, PA 16217, USA.

LOCATION

The website is operated by The Cook Forest Conservancy from its offices in the United States. The Cook Forest Conservancy makes no representation that the content of this website is available or appropriate for use in other locations. Those who choose to access this website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.

MINORS

The website is not directed toward children under 13 years of age nor does The Cook Forest Conservancy knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to The Cook Forest Conservancy.

EMAIL

Email submissions over the internet may not be secure. Please do not email The Cook Forest Conservancy any personal or confidential information. Please refer to our Privacy Policy for information how The Cook Forest Conservancy uses your information.

PRIVACY POLICY

By agreeing to these terms, you acknowledge that The Cook Forest Conservancy may collect, use and disclose your information as described in our Privacy Policy.

USER CONTENT

By submitting any content on or through this website, you hereby grant to The Cook Forest Conservancy a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and The Cook Forest Conservancy may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through this website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through this website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. The Cook Forest Conservancy may delete any content for any reason, including content that, in The Cook Forest Conservancy’s sole judgment, is offensive, illegal or violates the rights of any person. The Cook Forest Conservancy has the right, but does not assume the responsibility, for monitoring this website for inappropriate content. You are solely responsible for the content of anything that you post on or through this website.

CHOICE OF LAW/FORUM

All claims arising out of this Agreement or relating to this website will be governed by the laws of the Commonwealth of Pennsylvania, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this website shall be brought exclusively in a state or federal court in or for Forest County, Pennsylvania, USA.

REFUND AND CANCELLATION POLICY

Donations / Gifts / Subscriptions — The Cook Forest Conservancy depends upon the generous support of donors for its programs and policy work.  To keep administrative and processing costs low, our general policy is not to allow refunds of donations.  If, for any reason, including erroneous electronic submission, you’d like your donation returned to you, please contact us via mail or email for a review of circumstances.  Any costs bourne by the Conservancy in the processing, transfer, or return of any donations must be deducted from the original value.

Merchandise — the CFC Shop is not yet stocked, so there’s nothing to buy, and nothing to refund… but, once there is, the Conservancy will update this page with the policy regarding physical merchandise.  Thank you for your interest.

MISCELLANEOUS

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. The Cook Forest Conservancy’s failure to act with respect to any failure by you or others to comply with these Terms of Use does not waive The Cook Forest Conservancy’s right to act with respect to subsequent or similar failures. These Terms of Use set forth the entire understanding and agreement between you and The Cook Forest Conservancy with respect to the subject matter hereof. Any cause of action or claim you may have with respect to this Agreement or this website must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.

VIOLATIONS AND ADDITIONAL POLICIES

The Cook Forest Conservancy reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.