These terms give landowners a license to use the American Forest Foundation’s (“AFF”) Land Plan Tool (the “Tool”), which allows landowners to map the boundaries of their land, set goals and plan actions to protect their land, document their experiences, among other things. These terms also provide rules of conduct for all users of the Tool. You should read these terms carefully before registering to use the Tool.
1. Ownership of Copyrights, Trademarks and Other Intellectual Property. You acknowledge that the AFF owns the copyright and all other intellectual property rights to this Site, the Tool, and all content, samples, materials and information provided on this Site unless otherwise expressly indicated. AFF reserves the right to store, manage, monitory and delete any information and pictures posted to this site for internal purposes. All content on this Site is protected by U.S. and international copyright, trademark and other laws. Any unauthorized use is strictly prohibited.
The AMERICAN FOREST FOUNDATION mark, WE GROW STEWARDSHIP EVERY DAY tagline, and AFF logo are service marks of AFF. References on our Site to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by AFF. Moreover, such third parties do not endorse, sponsor, and are not affiliated with AFF.
2. Grant of License/Restrictions. Subject to these Terms, AFF hereby grants you a nonexclusive, nontransferable, and limited license to access the Tool and its materials for your personal, noncommercial use. No part of this Tool may be reproduced, transmitted or otherwise made available in any form, by any means, electronic or mechanical, including any storage and retrieval system or copying the Tool on any public or distributed network, without prior written permission from AFF. You will not modify, publish, translate, reverse engineer, create derivative works from, distribute, sublicense, display or exploit the Tool, its content or results generated from the Tool (in whole or in part), including any reports, without our prior written permission. You will not remove or alter any copyright or other proprietary notice contained in the Tool, or circumvent any measures that we have taken to protect our rights in the Tool.
3. Minimum Requirements. You understand that Internet browser software is required to access the Tool and that an internet connection is required in order to access and use the Tool. The following hardware and software are required or recommended in order to access and use the Tool: Internet connection and latest version of browser software, i.e., Internet Explorer, FireFox, Chrome. When you submit your documents, the following formats are accepted: Images to be in JPG format, 72 DPI. These requirements and recommendations are subject to change.
a. You will not engage in fraudulent activity of any kind, including by forging information, impersonating other people, contributing information which you know to be false, misleading, inaccurate or incomplete, or misrepresenting your affiliation with any person or entity.
b. You will not use the Site in any manner that may be considered objectionable, such as by using the Site to upload, post, display, or otherwise transmit any content that is false, unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, criminal or invasive of another’s privacy.
c. You will not violate or attempt to violate the security of the Site, use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Violations of this sort will be prosecuted to the fullest extent of state and federal laws.
d. You will not launch any automated system, including without limitation, "robots," "spiders," "offline readers," or other mechanisms, that access the Site in a manner that sends more request messages to our servers in a given period of time than can reasonably be produced by an individual in the same period using a conventional on-line web browser.
e. You will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site and will not use the Site for unlawful purposes.
f. You will not knowingly post, upload, email, link to, or otherwise transmit any content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt, destroy or limit the functionality of the Site or impair others’ ability to enjoy the Site, or the proper functioning of any software or hardware or equipment or materials used in connection with the Site.
g. You will not infringe, misappropriate, or otherwise violate any existing local, national or international copyright, trademark, service mark, trade name, patent, right of publicity or privacy, or other intellectual property or proprietary rights of any person or entity whatsoever.
h. You will not give your password to anyone, use the Site as the agent of a third party, or allow any third party to use your account. If any security breach or unauthorized use of your account occurs, you will notify AFF immediately in writing or via email. You are solely responsible for maintaining the confidentiality of your username and password and are responsible for any unauthorized use.
i. You will use the Site solely for your personal, noncommercial use.
6. Digital Millennium Copyright Act (DMCA) Notice. If you believe that your work has been copied in a manner that constitutes copyright infringement, you must provide our copyright agent, designated below, with the following information:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the allegedly infringing material that is to be removed or disabled and the location of such material;
(d) your contact information, including your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material complained of 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 information in your notice is accurate and that you are authorized to act on behalf of the owner whose exclusive right allegedly is infringed.
Such notice should be sent to Scott Smiley, Vice President, Finance and Administration:
(a) by mail, Scott Smiley American Forest Foundation 1111 19th St. NW, Suite 780, Washington, DC 20036; or
(b) by facsimile, to 202.462.2461.
To ensure that your notice is not caught in our spam filter, please do not send your notice via email, unless you have made prior arrangements with us.
Note: Only DMCA notices should go to the Copyright Agent. Non-DMCA communications sent to the Copyright Agent will be ignored. Any other feedback, comments, requests for technical support, and other communications should be directed to: email@example.com.
7. No Effect on Agreements. This Site shall be used for informational purposes only, and nothing on our Site shall be construed to add or modify terms to any existing or future agreements with AFF.
8. Links to Other Websites. Solely as a courtesy to you, we may provide links to other websites at certain places on our Site; we do not endorse, approve, certify or control any of those websites. Because we do not have any control over such sites, you acknowledge and agree that we are not responsible for the content of the sites or the availability, accuracy, completeness, efficacy, or timeliness of information contained on those sites. Use of those sites or any information obtained from those sites is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy and timeliness.
9. Disclaimer of Warranty. While we make every effort to present accurate and reliable information on our Site, we do not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. In addition, we have no duty to update the information contained on our Site, and we are not liable to you for out-dated or incorrect information contained herein. Moreover, we reserve the right at any time to modify, suspend or discontinue the Site, the Tool, or any part thereof, with or without notice, and we are not liable to you or any third party for any modification, suspension or interruption in services. All products displayed on our Site are subject to availability. THIS SITE AND TOOL ARE PROVIDED ON AN “AS IS” BASIS, AND NO GUARANTEES OR WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS WARRANTIES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE, INFORMATIONAL CONTENT, ACCURACY, OR SYSTEM INTEGRATION, ARE MADE WITH RESPECT TO THIS SITE.
10. Limitation of Liability. IN NO EVENT SHALL AFF BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE OR LOSS OF USE, ARISING OUT OF YOUR USE OF THIS SITE OR THE TOOL, EVEN IF AFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnification. You agree to indemnify and hold harmless AFF, its officers, directors and employees from any claims, losses, liability costs and expenses (including, but not limited to attorneys’ fees) arising from your violation of these Terms, state or federal laws or regulations or any third party rights, including, but not limited to, claims of copyright infringement, defamation, harassment, invasion of privacy or fraud.
12. Term & Termination. These Terms are effective upon your accessing the Site or Tool and shall continue in full force until terminated. In its sole discretion and without notice, and at any time and for any reason, AFF reserves the right to: (a) cancel your membership or subscription; (b) suspend your access to all or any portion of the Site or Tool; and/or (c) remove or disable your access to all or any portion of the Site or Tool. You may terminate your use of the Tool and related user account at any time by sending an email to firstname.lastname@example.org. Upon termination or suspension, your username and password will be immediately deactivated, and you will no longer have access to the Tool.
13. Security Measures. You acknowledge and agree that the Tool is protected by certain security measures that may prevent you from using the Tool in a manner that is inconsistent with these Terms or that may automatically prevent access to the Tool after the expiration or termination of these Terms. AFF, at its own expense, shall have the right at any time to use electronic and other measures to verify that your use of the Tool is and has been in compliance with these Terms. Access to the Tool shall be controlled through the use of a username and password.
14. Governing Law/Jurisdiction. Any dispute with respect to our Site or Tool shall be governed by the laws of the State of Maryland, excluding its conflicts of laws rules. All visitors to our Site and users of the Tool submit to the exclusive jurisdiction of the state and/or federal courts of the State of Maryland. Either party may enforce a judgment rendered by such court in any court of competent jurisdiction, and AFF may seek injunctive or other equitable relief in any jurisdiction in order to protect its intellectual property rights.
15. Notices. In our discretion, we may provide notices of changes to these terms and conditions or other matters by displaying notices or links to notices generally on our Site.
16. Eligibility. Our products and services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our products and services are not available to minors under the age of 18. By visiting this Site, accessing and/or using the Tool, and/or making any purchases through this Site, you represent to us that you can form legally binding contracts under applicable law, and that any and all data you have provided, or will provide, to us via this Site, such as your name, address and billing information, is complete and accurate.
17. Miscellaneous. You will not assign or sublicense these Terms or any of your rights and obligations hereunder, without the express written consent of AFF, which may be withheld in its sole discretion. Subject to the foregoing, these Terms will inure to the benefit of, and will be binding upon, the parties, their respective successors and permitted assigns. If any provision of these Terms is deemed by a court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remainder of these Terms will not be affected. Such provision will be deemed modified to the minimum extent necessary to make the provision consistent with applicable law and, in its modified form, the provision will then be enforceable and enforced. The waiver or failure of any party to exercise rights under these Terms will not be deemed a waiver or other limitation of any other right or any future right. Any waiver must be in writing and signed by the party to be charged therewith. These Terms contain the entire agreement between you and AFF regarding the use of the Site and Tool.
PRINT THESE TERMS. For record keeping purposes, AFF encourages you to print these Terms on the date that you subscribe.