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ABR Terms and Conditions of Use

 

Important! This is a binding legal agreement (This "Agreement"). Please read these Terms and Conditions of Use carefully before using this web site:

Terms. These Terms govern use of the appalachianbearrescue.org website and all pages within that domain. It applies to all persons who use this website. By accessing, browsing and/or using this website ("Site"), users are deemed to have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations that are applicable to your use of this website. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE OR FURTHER ACCESS ANY PART OF THIS SITE.

Website Control. This Site is controlled and operated by Appalachian Black Bear Rehabilitation and Release Center Inc. d/b/a Appalachian Bear Rescue ("ABR"), a Tennessee nonprofit corporation located in Townsend, Tennessee, USA. This Site is controlled and operated by ABR from its offices within the United States. ABR makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Tennessee and must be brought in the state or federal courts with jurisdiction and venue over transitory or local actions within Blount County, Tennessee.

Legal Authority. This Site may be used only by individuals and entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site and the services offered by the Site are not available to minors as defined by Tennessee law. Use of this Site constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA").

Copyright and Trademark Interests. Copyright © 2001-2006, Appalachian Black Bear Rehabilitation and Release Center Inc. d/b/a Appalachian Bear Rescue, all rights reserved. All materials on this Site, including but not limited to artwork, photographs, graphics, audio clips, video clips, animations, data, text and trademarks ("Content"), are the sole property of ABR or the original creator of such Content and are copyrighted. Except as provided in Paragraph 6, you may view, print, copy and distribute the Content only for your personal, non-commercial purposes, provided that (1) you do not modify any of the Content, (2) any copies include all copyright, trademark and similar notices, and (3) you do not post any of the Content on any other website or network computer or publish or broadcast any of the content in any media. You may not use, copy or distribute any of the Content for any other reason without ABR’s prior written consent. Any use, copying or distribution of the Content not expressly authorized by this paragraph may violate copyright, trademark and other laws. The trademarks, service marks, trade names and logos ("Trademarks") on this site are registered and unregistered trademarks of ABR or others. You may not use any such Trademarks for any purpose without the prior written consent of ABR.

Use of Photographs on this Site. Except as noted, all photographs on this Site are the property of ABR and were taken to document the status of the black bears in our care. The use of these photographs without ABR’s express written consent is prohibited. Tennessee Law prohibits ABR from permitting private individuals to photograph black bears while they are in our care.

Uses. We have devoted considerable resources to our Site. For that reason, we do not allow anyone to upload or copy the content of our Site, or information contained on our Site, to any website that is operated by anyone other than ABR except with the express written permission of ABR. This Site may not be used in any manner that could damage, disable, overburden, or impair the website or interfere with any other party's use and enjoyment of the website. The Site may not be used for any purpose that is unlawful or prohibited by this Agreement, including but not limited to posting or transmitting any threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material. ABR retains the right to deny access to anyone who, in our sole and unrestricted discretion, violates the Terms of Use or for any other reason we deem appropriate.

Accuracy. The Site and the materials located on or through the Site are provided by us for informational purposes only, with the understanding that we are by the provision of these materials not engaged in the rendering of legal, professional or other advice or service. The information contained in or through the Site is based upon sources believed to be accurate and reliable; and we have exercised reasonable care to assure the accuracy of the information. However, we make no representation or warranty as to such accuracy. You should consult your own attorney or other appropriate professional for advice concerning the terms and conditions of this Agreement and/or compliance with any legal requirement.

Provided Information. Any material, information or idea transmitted to or posted on this Site will be treated as non-confidential and non-proprietary, and may be disseminated or used by ABR for any purpose whatsoever. ABR shall be free to use any ideas, concepts, know-how, content or techniques contained in your communications for any purpose whatsoever. Notwithstanding the foregoing, all personal data provided to ABR will be handled in accordance with the ABR privacy policy. No one may post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Hyperlinks. Subject to the following restrictions, anyone may hyperlink to “www.AppalachianBearRescue.org”. No hyperlink to any part of this Site may state or imply that it is an endorsement by ABR. We reserve the right to disable links from any third party websites to this Site. ABR explicitly disclaims any responsibility for the accuracy, content, or availability of information found on websites that link to this Site.

Using the Links We Provide. For the convenience of our users, this Site contains links to websites not managed or controlled by ABR. These sites are provided for convenience and information only. By providing these links, we are not endorsing, sponsoring or recommending such sites or the materials disseminated by or services provided by them, and are not responsible for the materials, services or other situations at or related to or from any other site.

Indemnity, Injunction, and Breach. You agree to indemnify, defend, and hold harmless ABR and our officers, directors, employees, affiliates, and agents, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms. Any violation will create a likelihood of irreparable harm to ABR for which a court may grant an injunction requiring you to immediately cease the violation(s). Whether or not it seeks or obtains an injunction, ABR has the right to seek any and all damages, costs, and attorneys' fees that may be provided by law, including, among other remedies, treble damages for copyright, trademark infringement, or for other types of unfair competition.

Future Modifications. ABR reserves the right to modify these Terms of Use at any time by posting the modifications on our Site. Anyone who accesses any part of our Site after our Terms of Use have been modified in any way, will be bound by the revised Terms.

Digital Millennium Copyright Act Notice. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to our Designated Agent.

Notification must be submitted to the following Designated Agent:

Service Provider(s): Appalachian Black Bear Rehabilitation and Release Center Inc. d/b/a Appalachian Bear Rescue.

Name of Agent Designated to Receive Notification of Claimed Infringement: Jack Burgin.

Full Address of Designated Agent to Which Notification Should be Sent: 800 South Gay Street, Suite 2500, Knoxville, TN 37929 or jcburgin@kramer-rayson.com.

To be effective, under Title 17, United States Code, Section 512(c)(3), the notification must be a written communication that includes the following:

Physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Disclaimer of Warranties

ALL CONTENT ON THIS SITE IS PROVIDED "AS IS." OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY APPLICABLE LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION, ABR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

NEITHER ABR NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THIS SITE WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

USE OF THIS SITE IS AT THE USERS’ SOLE RISK. ABR WILL NOT ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY USER’S COMPUTER SYSTEM. NEITHER ABR, NOR ITS EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION AND DISTRIBUTION OF THIS SITE, IS RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR ATTEMPTED USE OF THIS SITE OR ANY OTHER LINKED SITE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, ABR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

ANY CLAIM OR ACTION RELATED TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE FIRST OCCURRENCE OF THE ACT, EVENT, CONDITION OR OMISSION ON WHICH THE CLAIM OR ACTION IS BASED.