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Terms of Service
- Acceptance
of Terms
Welcome to TFG. By using TFG Internet website,
you indicate your unconditional acceptance of the following Terms
of Service. Please read them carefully, as they may have changed
since your last visit. These Terms of Service apply to all TFG online
services and features unless otherwise indicated.
- Scope of Service
TFG ("TFG" or "we") maintains this
website as a service to the user community that visits the site
subject to these Terms of Service. The term "website" includes
all services and features available on tropicalforestgroup.org,
including our online discussion forums, blogs and chat rooms. Visitors
to this website ("you") are responsible for obtaining
any equipment and Internet service necessary to access our website
and for any paying any fees for the equipment and service you select.
We may alter, suspend, or discontinue this website in whole or
in part, at any time and for any reason, without notice. The website
may also periodically become unavailable due to maintenance or
malfunction of computer equipment or other reasons.
- Website Content
Visitors have a personal, non-transferable, non-exclusive right
to access and use the Content of this website subject to these
terms and conditions. The term "Content" means all information,
text, images, data, links, software, or other material accessible
through the website, whether created by us or provided by another
person for display on the website.
The Content may contain typographical errors, other inadvertent
errors, or inaccuracies. We reserve the right to make changes to
document names and content, descriptions or specifications of products
or services, or other information without obligation to issue any
notice of such changes.
You may view, copy, download, and print Content that is available
on this website, subject to the following conditions:
a. The Content may be used solely for internal informational purposes.
No part of this website or its Content may be reproduced or transmitted
in any form, by any means, electronic or mechanical, including photocopying
and recording, for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be
removed.
Nothing contained on this website should be construed as granting,
by implication, estoppel, or otherwise, any license or right to use
this website or any Content displayed on this website, through the
use of framing or otherwise, except: (a) as expressly permitted by
these Terms of Use; or (b) with our prior written permission or the
permission of such third party that may own the trademark or copyright
of material displayed on this website.
- Indemnification
By using this website, you agree to indemnify, hold harmless,
and defend TFG from any claims, damages, losses, liabilities,
and all costs and expenses of defense, including but not limited
to attorneys' fees, resulting directly or indirectly from a claim
by a third party that arises in connection with your use of this
website.
- Content Submitted by Users
a. Accuracy. You may use this website without volunteering
personally identifiable information. Please refer to our Privacy
Policy for additional information on our practices for handling
personally identifiable information. However, if you choose to provide
information to register for or participate in a service, event, or
promotion on this website, you agree that you will provide accurate,
complete, and up to date information as requested on the screens
that collect information from you.
b. Liability. We are not responsible or liable for
the conduct of website visitors or for views, opinions, and statements
expressed in Content submitted for public display through our website,
such as through an online discussion forum or chat room. We do not
prescreen information posted to online discussion forums or chat
rooms. With respect to such forums and chat rooms, we act as a passive
conduit for such distribution and are not responsible for Content.
Any opinions, advice, statements, services, offers, or other information
in Content expressed or made available by users of an online discussion
forum or chat room are those of the respective author(s) or distributor(s)
and not of TFG. We neither endorse nor guarantee the accuracy,
completeness, or usefulness of any such Content. You are responsible
for ensuring that Content submitted to this website is not provided
in violation of any copyright, trade secret, or other intellectual
property rights of another person or entity. You shall be solely
liable for any damages resulting from any infringement of copyrights,
trade secret, or other intellectual property rights, or any other
harm resulting from your uploading, posting, or submission of Content
to this website.
c. Monitoring. We have the right, but not the obligation,
to monitor Content submitted to our website through an online discussion
forum or chat room, to determine compliance with these Terms of Service
and any other applicable rules that we may establish. We have the
right in our sole discretion to edit or remove any material submitted
to or posted in any online discussion forum or chat room provided
through this website. Without limiting the foregoing, we have the
right to remove any material that TFG, in its sole discretion,
finds to be in violation of these Terms of Service or otherwise objectionable,
and you are solely responsible for the Content that you post to this
website.
d. Lobbying. Federal law restricts lobbying activities
by tax-exempt organizations. "Lobbying" includes certain
activities intended to influence legislation. Content posted by users
does not constitute lobbying by TFG, but may constitute
lobbying by you or an organization that you represent. You are responsible
for complying with any applicable lobbying restrictions.
- Prohibited
Conduct
By accessing our website or any chat room, online discussion
forum, or other service provided through our website, you agree
to abide by the following standards of conduct. You agree that
you will not, and will not authorize or facilitate any attempt
by another person to, use our website or any related chat room
or online discussion forum to:
a. Transmit any Content that is unlawful, harmful, threatening,
abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic,
lewd, lascivious, or otherwise objectionable, as determined by TFG.
b. Use a name or language that TFG, in its sole discretion,
deems offensive.
c. Post defamatory statements.
d. Post hateful or racially or ethnically objectionable Content.
e. Post Content that infringes another's copyright, trademark, or
trade secret.
f. Post unsolicited advertising or unlawfully promote products or
services.
g. Harass, threaten, or intentionally embarrass or cause distress
to another person or entity.
h. Impersonate another person.
i. Promote, solicit, or participate in any multilevel marketing or
pyramid schemes.
j. Exploit children under 18 years of age.
k. Engage in disruptive activity such as sending multiple messages
in an effort to monopolize the forum.
l. Introduce viruses, worms, Trojan horses, and/or harmful code to
the website.
m. Obtain unauthorized access to any computer system through the
website.
n. Invade the privacy of any person, including but not limited to
posting personally identifying or otherwise private information about
a person without their consent (or their parent's consent in the
case of a child under 13 years of age).
o. Solicit personal information from children under 13 years of age.
p. Violate any federal, state, local, or international law or regulation.
q. Encourage conduct that would constitute a criminal or civil offense.
- Children
This website is intended to serve a general audience and does
not provide specific features or services targeted at children
under age 13. We do not knowingly solicit personal information
regarding children under age 13.
- Intellectual Property Rights
Unless otherwise noted, all Content contained on this website
is the property of TFG and/or its affiliates or licensors,
and is protected from unauthorized copying and dissemination
by United States copyright law, trademark law, international
conventions, and other intellectual property laws. Product names
are trademarks or registered trademarks of their respective owners.
We do not claim ownership of Content submitted by users without
compensation by TFG and with the expectation that such
Content will be made publicly accessible through our website.
By submitting such Content, however, you agree to grant us a
worldwide, royalty-free, perpetual, irrevocable, non-exclusive
license to use, distribute, reproduce, modify, adapt, create
derivative works from, and publicly perform or display such Content.
This license shall remain in effect until we delete the Content
from our systems.
- Copyright Infringement; Notice and Take Down Procedures
If you believe that any materials on this website infringe your
copyright, you may request that they be removed. This request
must bear a signature (or electronic equivalent) of the copyright
holder or an authorized representative and must include the following
information: (a) identification of the copyrighted work that
you believe to be infringed, including a description of the work
and, where possible, a copy or the location of an authorized
version of the work; (b) identification of the material that
you believe to be infringing and its location, including a description
of the material, its website location, or other pertinent information
that will help us to locate the material; (c) your name, address,
telephone number, and email address; (d) a statement that you
have a good faith belief that the complained-of use of the materials
is not authorized by the copyright owner, its agent, or the law;
(e) a statement that the information in your claim is accurate;
and (f) a statement that "under penalty of perjury," you
declare that you are the lawful copyright owner or are authorized
to act on the owner's behalf. For copyright issues relating to
this website please contact: TFG, 1226 E. Mason St, Santa Barbara
CA 93103.
In an effort to protect the rights of copyright owners, we maintain
a policy for the termination, in appropriate circumstances, of
visitors to this website who are repeat infringers.
- Security
When you register to participate in an online discussion forum,
chat room, promotion, or other service offered on this website,
you may be required to establish a login identifier and a password.
You are responsible for protecting your login and password from
unauthorized use, and you are responsible for all activity that
occurs on your account. You agree to notify us immediately if
you believe that your login or password has been or may be used
without your permission so that appropriate action can be taken.
We are not responsible for losses or damage caused by your failure
to safeguard your login and password.
- Disclaimer of Warranty
Under no circumstances will we be liable for any loss or damage
caused by your reliance on information in any Content on this
website. It is your responsibility to evaluate the accuracy,
completeness, or usefulness of any information, opinion, advice,
or other content available through this website. You are responsible
for seeking the advice of professionals, as appropriate, regarding
the evaluation of any specific information, opinion, advice,
or other Content.
ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM
THIS WEBSITE ARE PROVIDED "AS IS" 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. SPECIFICALLY, BUT WITHOUT LIMITATION, TFG DOES
NOT WARRANT THAT: (A) THE INFORMATION AVAILABLE ON THIS WEBSITE
IS FREE OF ERRORS; (B) THE FUNCTIONS OR SERVICES (INCLUDING BUT
NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF
CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE,
OR FREE OF ERRORS; (C) DEFECTS WILL BE CORRECTED; OR (D) THIS
WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
- Limitation of Liability
IN NO EVENT SHALL TFG BE LIABLE TO ANY VISITOR TO THIS
WEBSITE OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING
BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA,
LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES)
ARISING OUT OF THE USE, INABILITY TO USE, UNAUTHORIZED ACCESS
TO, OR MISUSE OF THE WEBSITE OR ANY INFORMATION CONTAINED THEREON,
WHETHER BASED UPON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF USER HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES.
- Exclusions
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
- Links to Third-Party Websites
This website may contain links to non-TFG websites that
are provided to you as a convenience. Any outside website accessed
from our website is independent from TFG, and we have
no control over the content of such websites. We are not responsible
for the content of any linked website or for any loss or damage
incurred in connection with your use of such links or dealings
with the operators of such non-TFG websites.
- No Implied Endorsements
In no event shall any reference to any third party or third-party
product or service be construed as an approval or endorsement
by TFG of that third party or of any product or service
provided by a third party. Likewise, a link to any non-TFG website
does not imply that we endorse or accept any responsibility for
the content or use of such a website. TFG does not endorse,
warrant, or guarantee any product or service offered by any third
party through an online discussion forum or chat room accessible
through this website and will not be a party to or in any way
monitor any transaction involving any third-party providers of
products or services. As with the purchase of a product or service
through any medium or in any environment, you are responsible
for exercising appropriate judgment and caution.
- Jurisdictional Issues
We make no representation that information on this website is
appropriate or available for use outside the United States. Those
who choose to access this website from outside the United States
do so on their own initiative and at their own risk and are responsible
for compliance with applicable local laws.
- Termination
We may terminate any visitor's access to our website, including
access to any online discussion forum or chat room, in our sole
discretion, for any reason and at any time, with or without prior
notice. It is our policy to terminate visitors who violate these
terms and conditions, as deemed appropriate in our sole discretion.
You agree that we are not liable to you or any third party for
any termination of your access to our website.
- Enforcement
These Terms of Service shall be governed and interpreted pursuant
to the laws of the State of California, United States of America,
notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Service
shall be finally resolved by arbitration conducted in the English
language in Santa Barbara, U.S.A. under the commercial arbitration
rules of the American Arbitration Association. The parties shall
appoint as sole arbitrator a retired judge who presided in the
State of California. The parties shall bear equally the cost
of the arbitration (except that the prevailing party shall be
entitled to an award of reasonable attorneys' fees incurred in
connection with the arbitration in such an amount as may be determined
by the arbitrator). All decisions of the arbitrator shall be
final and binding on both parties and enforceable in any court
of competent jurisdiction. Notwithstanding the foregoing, we
shall be entitled to seek injunctive relief, security, or other
equitable remedies from the United States District Court for
the District of Washington or any other court of competent jurisdiction.
Under no circumstances shall the arbitrator be authorized to
award punitive damages, including but not limited to federal
or state statutes permitting multiple or punitive damage awards.
Any purported award of punitive or multiple damages shall be
beyond the arbitrator's authority, void, and unenforceable.
- Severability
If any part of these Terms of Service is held to be unlawful,
void, or unenforceable, that part will be deemed severable and
shall not affect the validity and enforceability of the remaining
provisions.
- Entire Agreement
These Terms of Service constitute the entire agreement between
the parties relating to the subject matter herein. We may, at
our sole discretion and without notice, revise these terms at
any time by updating this posting.
- For Additional Information
If you have any questions about these Terms of Service, please
contact: Tropical Forest Group, 1226 E. Mason St, Santa Barbara
CA 93103.
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