Terms of Use

NCHS Terms of Use:

AGREEMENT BETWEEN USER AND NORTHERN CALIFORNIA
HERPETOLOGICAL SOCIETY

The Northern California Herpetological Society (referred hereafter
as “NCHS”) Web Site is comprised of various Web pages operated by
NCHS.

The NCHS Web Site is offered to you conditioned on your acceptance
without modification of the terms, conditions, and notices contained herein.
Your use of the NCHS Web Site constitutes your agreement to all such
terms, conditions, and notices.

MODIFICATION OF THESE TERMS OF USE

NCHS reserves the right to change the terms, conditions, and notices under
which the NCHS Web Site is offered, including but not limited to the
charges associated with the use of the NCHS Web Site.

LINKS TO THIRD PARTY SITES

The NCHS Web Site may contain links to other Web Sites (“Linked Sites”).
The Linked Sites are not under the control of NCHS and NCHS is not
responsible for the contents of any Linked Site, including without limitation
any link contained in a Linked Site, or any changes or updates to a Linked
Site. NCHS is not responsible for webcasting or any other form of
transmission received from any Linked Site NCHS is providing these links
to you only as a convenience, and the inclusion of any link does not imply
endorsement by NCHS of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the NCHS Web Site, you warrant to NCHS
that you will not use the NCHS Web Site for any purpose that is unlawful or
prohibited by these terms, conditions, and notices. You may not use the
NCHS Web Site in any manner which could damage, disable, overburden,
or impair the NCHS Web Site or interfere with any other party’s use and
enjoyment of the NCHS Web Site. You may not obtain or attempt to obtain

any materials or information through any means not intentionally made
available or provided for through the NCHS Web Sites.

USE OF COMMUNICATION SERVICES

The NCHS Web Site may contain bulletin board services, chat areas, news
groups, forums, communities, personal web pages, calendars, and/or other
message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, “Communication
Services”), you agree to use the Communication Services only to post, send
and receive messages and material that are proper and related to the
particular Communication Service. By way of example, and not as a
limitation, you agree that when using a Communication Service, you will
not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane,
defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information.
Upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control
the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business
purpose, unless such Communication Service specifically allows such
messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that
you know, or reasonably should know, cannot be legally distributed in such
manner.
Falsify or delete any author attributions, legal or other proper notices or
proprietary designations or labels of the origin or source of software or other
material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the
Communication Services.
Violate any code of conduct or other guidelines which may be applicable for
any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail
addresses, without their consent.

Violate any applicable laws or regulations.
NCHS has no obligation to monitor the Communication Services. However,
NCHS reserves the right to review materials posted to a Communication
Service and to remove any materials in its sole discretion. NCHS reserves
the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.

NCHS reserves the right at all times to disclose any information as
necessary to satisfy any applicable law, regulation, legal process or
governmental request, or to edit, refuse to post or to remove any information
or materials, in whole or in part, in NCHS’s sole discretion.

Always use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. NCHS does
not control or endorse the content, messages or information found in any
Communication Service and, therefore, NCHS specifically disclaims any
liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers
and hosts are not authorized NCHS spokespersons, and their views do not
necessarily reflect those of NCHS.

Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are
responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO NCHS OR POSTED AT ANY NCHS WEB
SITE

NCHS does not claim ownership of the materials you provide to NCHS
(including feedback and suggestions) or post, upload, input or submit to any
NCHS Web Site or its associated services (collectively “Submissions”).
However, by posting, uploading, inputting, providing or submitting your
Submission you are granting NCHS, its affiliated companies and necessary
sublicensees permission to use your Submission in connection with the
operation of their Internet businesses including, without limitation, the rights
to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate and reformat your Submission; and to publish your name in
connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as

provided herein. NCHS is under no obligation to post or use any
Submission you may provide and may remove any Submission at any time
in NCHS’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission
you warrant and represent that you own or otherwise control all of the rights
to your Submission as described in this section including, without limitation,
all the rights necessary for you to provide, post, upload, input or submit the
Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE NCHS WEB SITE
MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN NCHS AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE NCHS WEB SITE AT
ANY TIME. ADVICE RECEIVED VIA THE NCHS WEB SITE SHOULD
NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN
APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED
TO YOUR SITUATION.

NCHS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
CONTAINED ON THE NCHS WEB SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT
WARRANTY OR CONDITION OF ANY KIND. NCHS AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL NCHS AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE NCHS
WEB SITE, WITH THE DELAY OR INABILITY TO USE THE NCHS
WEB SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE NCHS WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE NCHS WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY
OR OTHERWISE, EVEN IF NCHS OR ANY OF ITS SUPPLIERS HAS
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION
OF THE NCHS WEB SITE, OR WITH ANY OF THESE TERMS OF
USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE NCHS WEB SITE.

SERVICE CONTACT : CrotalusOreganus1@gmail.com

TERMINATION/ACCESS RESTRICTION

NCHS reserves the right, in its sole discretion, to terminate your access to
the NCHS Web Site and the related services or any portion thereof at any
time, without notice. GENERAL To the maximum extent permitted by law,
this agreement is governed by the laws of the State of Washington, U.S.A.
and you hereby consent to the exclusive jurisdiction and venue of courts in
King County, Washington, U.S.A. in all disputes arising out of or relating to
the use of the NCHS Web Site. Use of the NCHS Web Site is unauthorized
in any jurisdiction that does not give effect to all provisions of these terms
and conditions, including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency relationship exists
between you and NCHS as a result of this agreement or use of the NCHS
Web Site. NCHS’s performance of this agreement is subject to existing laws

and legal process, and nothing contained in this agreement is in derogation
of NCHS’s right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the NCHS Web Site or
information provided to or gathered by NCHS with respect to such use. If
any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and NCHS with respect to the NCHS Web Site and it supersedes all
prior or contemporaneous communications and proposals, whether
electronic, oral or written, between the user and NCHS with respect to the
NCHS Web Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent an d
subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to
the parties that this agreement and all related documents be drawn up in
English.

TRADEMARKS

The names of actual companies and products mentioned herein may be the
trademarks of their respective owners.

The example companies, organizations, products, people and events
depicted herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF
COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should be
sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO
RESPONSE. See Notice and Procedure for Making Claims of Copyright
Infringement.

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