Website User Agreement

IMPORTANT—READ CAREFULLY:

These Terms and Conditions are a legal contract ("Agreement") between you (either an individual or a business entity) and the Foundation for Glacier and Environmental Research ("F.G.E.R." or "Sponsor") for the use of this website, describing the Juneau Icefield Research Program, which includes computer software and, as applicable, associated media, printed materials, and "online" or electronic documentation (collectively, the "Service").

BY BY REGISTERING FOR USE OF THE SERVICE, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE WEBSITE AND/OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO SUCH TERMS AND CONDITIONS, DO NOT REGISTER OR USE OR RELY UPON THIS APPLICATION OR THE SERVICES OR ANY OF THE INFORMATION TEHREIN AND EXIT NOW.

Your access and use of this website and its contents are permitted only for viewing information provided by the Service and submitting information to the Sponsor and/or the Service. Any use by you should be in furtherance of the scientific and educational goals of F.G.E.R., namely promoting glacier research, education and field training. (See F.G.E.R. mission statement for more details.) Any other access to or use of this website or its contents is unauthorized. You consent to receive communications from Sponsor concerning your use of the Services, and other things ("Communications"). The Communications may be those that Sponsor is required to send to you by law concerning the Services, and may include information that Sponsor may send to you for other reasons. You consent to receive communications electronically, by telephone, or by postal mail to an address or other contact associated with the information you provide by registering with the Service.

Please understand that all information submitted on the website might potentially be publicly accessible. Although the Service will make reasonable efforts to safeguard any private information you may submit, you warrant that all important and private information that you may submit shall be protected by you. You understand that information that you submit may be used by Sponsor or the Service. We are not liable for protection of privacy of electronic mail or other information transferred through the internet or any other network provider that you may use.

You may not use our network resources to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted through the website should correctly identify the sender; you may not alter the attribution of origin in electronic mail messages or posting. By registering, you certify that the information you provide on the registration form is accurate and pertains only to you. You are responsible for maintaining the confidentiality of any password associated with your use with the website. Your password may not be shared with any other person.

You agree that you will not (1) take any action that imposes an unreasonable load on the website's infrastructure, (2) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (3) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website, (4) delete or alter any material posted by any other person or entity, or (5) frame or link to any of the materials or information available from the website.

We may maintain and control ownership of all information regarding communications by you to any address associated with this Service or Sponsor, including any IP numbers and addresses that may be assigned to you. We reserve, in our sole discretion, the right to remove any and all communications, IP numbers and/or addresses from our records. We reserve the right to deactivate or suspend use of services for any reason.

Information and materials posted by Sponsor are provided for general reference only and are provided "as is." Sponsor provides no warranty that the information provided is free of errors, other deficiencies or potential interruptions. Sponsor disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material provided by this website and Service.

You understand that the Sponsor may make changes to information provided by the Service at any time. In addition, the Service may be used by others to post other information and materials, including changes or additions; and Sponsor gives no assurance whatsoever regarding the accuracy or correctness of such information or materials. Information and materials posted by you and others is considered non-confidential. In no event should the availability of such information and materials be construed as an indication they have been validated by Sponsor or represent the views of Sponsor. Sponsor does not monitor all submissions to the website, but reserves the right to do so and to remove or edit anything that is in violation of these terms of use or other policies of Sponsor.

If you submit any information to our website, you agree not to (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) post or transmit pyramid schemes or chain letters or conduct gambling, (3) post or transmit anything that violates the copyright or intellectual property rights of any person or entity, (4) post or transmit a virus or any other harmful component, that may harm, interfere, or modify the activities of the Service or any of its components, or (5) contact other website users through unsolicited e-mail, telephone calls, mailings or any other method of communication.

When retrieving information from our website, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (2) aggregating, copying or duplicating any of the materials or information available from the website except for the small amount of materials and information temporarily required for an ordinary internet viewing of the website, or (3) accessing data not intended for such user.

Should you decide to submit, enter or transmit through use of the Service information or materials of any kind, including documents and photographs ("Submitted Materials") you are responsible for ensuring that you may do so and that such Submitted Materials may be accessed, used, copied, distributed and adapted by other users of the Service (including Sponsor or its host providers) without liability or restriction. By communicating such Submitted Materials to the Service or Sponsor, you grant the Sponsor a paid-up, transferable and unlimited license to such Submitted Materials, including the rights to copy, modify, publish, and make derivative works of the Submitted Materials. You warrant that you have the ability to grant such rights and will not hold the Sponsor or the Service liable for any act related to such Submitted Materials. You agree to indemnify and hold Sponsor, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

You are responsible for making sure all information and materials that you originate or provide are properly backed up so you have ready access thereto in the event of loss, corruption or interruption. The Sponsor and/or Service may modify or destroy any information submitted by you, including Submitted Materials, at their sole discretion. Among other things, the Sponsor retains the right to make spelling and grammatical changes to any information submitted and to add annotations at Sponsors discretion.

You are granted limited authorization to access information and materials available through the Service only for your personal and non-commercial purposes, and in furtherance of the scientific and educational goals of the Sponsor. You agree not to copy, distribute, modify, publish, or transmit any of the information or materials provided through the Service in any other manner, including for use in a derivative creative work or to sell or promote other products. You agree not to adapt, translate, modify, decompile, dissemble, or reverse engineer the Services, or any software or programs used in connection with the Services. Violation of this policy may result in infringement of intellectual property and contractual rights of Sponsor or third parties which is prohibited by law and could result in substantial civil and criminal penalties. Except as expressly provided, nothing within this Agreement or any of the Services shall be construed as conferring any license under any of Sponsor's or any third party's intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You agree not to defame or disparage Sponsor, its trademarks or service marks, or any aspect of the Services.

Sponsor owns information provided with the Service, and content included in the Service, including text, graphics, logos, button, icons, images, as well as the compilation thereof (including the collection, arrangement and assembly), and underlying software of the website and Service, are the property of the Sponsor or its suppliers and is protected by U.S. and international copyright and trademark law. Marks and Tradenames associated with the Sponsor -- including the "juneauicefield.org" name, the Foundation for Glacier and Environmental Research shield, logo patch, and banner -- and other marks are trademarks of Sponsor and may not be used without our written permission. You agree to immediately refrain from access and use of the Service, including use of any information provided by the Service, and further agree to immediately destroy any copies in your possession and/or control of information and materials provided by the Service, upon request by the Sponsor.

USE OF THIS WEBSITE IS PROVIDED "AS IS" AND "WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SPONSOR BE LIABLE TO YOU OR YOUR CLIENTS FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES OR INFORMATION PROVIDED THEREIN FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT SPONSOR CORRECT THE MATTER OR, IF SPONSOR FAILS TO DO SO, OR FOR YOU TO DISCONTINUE USE OF THE SERVICE AT YOUR OPTION.

You agree to accept sole responsibility for any use of internet facilities conducted or permitted by you or your Clients; the conduct of any business, advertising, marketing or sales in connection therewith; and for any negligent or illegal act or omission of you or your agents, contractors, servants, employees, users or accessees.

Any links provided by the Service to websites or services provided by third parties are provided for your convenience only. We are not responsible for the content and performance of these websites or services, or your transactions with them and our inclusion of links to such websites or services does not imply any endorsement of the material or information provided with those websites or services.

If you are aware of any violation of these Terms and Conditions, please report them to fger.jirp@gmail.com. Communications regarding this website should be addressed first to fger.jirp@gmail.com lternatively, you may contact the Foundation for Glacier and Environmental Research, 4616 25th Ave NE, Seattle, Washington 98105.

You acknowledge that you and Sponsor are independent contractors under this Agreement, and nothing herein shall be construed to create a partnership, joint venture, agency or employment relationship. You agree that this Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Washington, excluding its laws relating to conflicts of laws. You agree to submit to the personal jurisdiction of such courts and hereby appoint the Secretary of State of Washington as your agent for service of process. In the event that you should bring any claim in a suit or proceeding arising out of the subject matter of this Agreement or the Service, or to enforce or interpret this Agreement, or to recover for the breach thereof (a "Claim"), you agree to first resolve any dispute through non-binding mediation in Seattle, Washington, and agree to limit the forum of any dispute to the District Court for the Western District of Washington in Seattle. You further agree that all costs and expenses of defending such Claim, including reasonable attorneys' fees, borne by Sponsor will be awarded to the Sponsor upon resolution of such Claim favorable to Sponsor, and you agree to pay such costs and expenses.

If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.

l be governed by and construed and enforced in accordance with the laws of the State of Washington, excluding its laws relating to conflicts of laws. You agree to submit to the personal jurisdiction of such courts and hereby appoint the Secretary of State of Washington as your agent for service of process. In the event that you should bring any claim in a suit or proceeding arising out of the subject matter of this Agreement or the Service, or to enforce or interpret this Agreement, or to recover for the breach thereof (a "Claim"), you agree to first resolve any dispute through non-binding mediation in Seattle, Washington, and agree to limit the forum of any dispute to the District Court for the Western District of Washington in Seattle. You further agree that all costs and expenses of defending such Claim, including reasonable attorneys' fees, borne by Sponsor will be awarded to the Sponsor upon resolution of such Claim favorable to Sponsor, and you agree to pay such costs and expenses.

If any provision of this Agreement is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce this Agreement.


Copyright 2012 Foundation for Glacier and Environmental Research (FGER), unless otherwise noted.