© 1997 Aztech New Media Corp
Modified by T. Cosmas
All of the information and content on this Site, including but not limited to all text, graphics, images, software applications and code, video, audio, and user interface design ("Content") is the property of Washington Crossing Audubon Society ("WCAS"), or is being used by WCAS with the express permission of a licensor, and is protected by United States and foreign copyright laws and conventions. You may not modify, reproduce, copy, distribute, transmit, display, publish, download or upload, sell, license, create derivative works of or use any aspect of the Site or its Content for commercial or public purposes or for any other purpose not expressly permitted by these terms and conditions. The use of the Content on any other Web site or in a networked computer environment for any purpose, or any other republication, redistribution or use of the Content, including, without limitation, framing the Content within another Web site, is expressly prohibited without the prior written permission of WCAS.
The trademarks, service marks, logos, URLs and domain names, registered or not, including without limitation "WCAS" and the WCAS Osprey, ("Marks") appearing on this Site are the property of WCAS and other parties. You may not use, copy, download, display, transmit or modify any Mark in any way without the prior written consent of the owner of such Mark. You may not include the WCAS name, any Mark or any variation of the foregoing, as a metatag, hidden textual element, or any other indicator that may create an impression of affiliation, sponsorship, endorsement or any other relationship between this Site, WCAS and any other Web site, person, entity or organization.
From time to time, WCAS may provide links from this Site to a non-WCAS Web site or permit a link from a non-WCAS Web site to this Site. Such links are for your convenience only and do not imply any affiliation with, or an endorsement, authorization, sponsorship or promotion of the non-WCAS Web site or its owner. WCAS does not control or review any link, and accepts no responsibility for the content, products or services provided at these linked Web sites. If you decide to access such non-WCAS Web sites, you do so solely at your own risk and you should be aware that non-WCAS Web Sites are governed by their own terms and conditions and privacy policies. WCAS reserves the right in its sole discretion to refuse permission or to cancel permission to link to this Site at any time.
All information submitted to WCAS via this Site shall be deemed and remain the property of WCAS and we shall be free to use, for any purpose, anywhere and in any format, any ideas, concepts, know-how or techniques contained in the information you may provide to us through this Site. WCAS shall not be subject to any obligations of confidentiality regarding such information, except as specifically stated in our privacy policies, specifically agreed to, or required by law. You are advised that we do not want you to provide, and prohibits you from providing, any information or materials to us that are defamatory, threatening, obscene, harassing, or otherwise unlawful or offensive, or that incorporate the proprietary material of another without authority.
No warranty. Our intent is to provide accurate and up to date content on this Site; however, that is not always possible. THEREFORE, ALL CONTENT, SERVICES AND FUNCTIONS ON THIS SITE, OR ANY OTHER WEB SITE LINKED TO THIS SITE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Some jurisdictions do not allow the exclusion of certain implied warranties in which event any required warranty applies to the minimum extent legally required.
No warranty or representation is made that the information on this Site is complete, accurate, up-to-date or error-free or that known defects will be corrected. Content, services, products or functions available at this Site may be changed or updated at any time without notice; but we have no obligation to update this Site so information may be out-of-date at any given time.
No warranty or representation is made that this Site or any part or function, including without limitation any transactional function, will be available and not subject to interruption at any time.
No warranty or representation is made that any Content, service, product or function, including without limitation any downloadable files, available at this Site or any linked Web site is free of a computer virus, worm, trojan horse, timebomb or other destructive or harmful program, software, code or device which may erase, scramble, lock or disable any computer software, content or equipment or may prevent users from using a Web site or any other item of hardware or software. You should routinely scan your system and downloaded files for such disabling devices.
From time to time we may provide information at this Site supplied by third parties. Any opinions, advice, statement, services, offers, or other information expressed or made available by a third party, are those of such third party and not WCAS. We do not independently verify the information provided by third parties, do not guarantee the accuracy, completeness, timeliness or correct sequencing of such information, and assume no responsibility for Content displayed on this Site that may be provided by another party.
IN NO EVENT WILL WCAS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTIONS, LOSS OF PROGRAMS OR DATA ON YOUR EQUIPMENT, OR OTHERWISE, EVEN IF WE OR ANY OF OUR REPRESENTATIVES ARE EXPRESSLY ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES, ARISING OUT OF OR RELATED TO ANY USE OF OR INABILITY TO USE THIS SITE, OR ANY OTHER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, USE OF OR RELIANCE ON INFORMATION, INTERRUPTIONS, ERRORS, DEFECTS, MISTAKES, OMISSIONS, DELETION OF FILES, DISABLING DEVICES, DELAYS IN OPERATION OR TRANSMISSION, NONDELIVERY OF INFORMATION, THEFT, UNAUTHORIZED ACCESS, DISCLOSURES OF COMMUNICATIONS, OR ANY FAILURE OF PERFORMANCE. Some jurisdictions do not allow limitation or exclusion of certain liabilities or damages in which event in such jurisdiction the foregoing shall apply to the maximum extent allowed by law. You are responsible for the entire cost of all servicing, repair or correction of your property or operations, including without limitation your computer, network, software or any device, required as a result of or related to using this Site. In no event shall WCAS' total liability to you for damages, losses and causes of action of any kind - whether in contract, tort (including, but not limited to, negligence), strict liability or otherwise - exceed the amount paid by you, if any, for accessing this Site.
We are committed to protecting the privacy and confidentiality of your personal information. To review the WCAS Privacy Promise, click here.
When you visit and navigate our site and when you communicate with us via our site, we will not collect personal information about you unless you provide us that information voluntarily. You should be aware that when you visit our Site, we may collect certain information that does not identify you personally, but provides us with "usage data," such as the number of visitors we receive, what pages are visited by a visitor or the ISPs or types of browsers most frequently used. This data helps us to analyze and improve the usefulness of the information we provide at this Site and any products and services provided.
Like most commercial website owners, we may also use what is known as "cookie" technology. A "cookie" is an element of data that a website can send to your browser when you link to that website. It is not a computer program and has no ability to read data residing on your computer or instruct it to perform any step or function. By assigning a unique data element to each visitor, the website is able to recognize repeat users, track usage patterns and better serve you when you return to that site. For example, a cookie can be used to store your preferences for certain kinds of information or to store a password so that you do not have to input it every time you visit our Site. The cookie does not extract other personal information about you, such as your name and address. Most browsers provide a simple procedure that will enable you to control whether you want to receive cookies by notifying you when a website is about to deposit a cookie file. Please note that in certain areas of this Site there may be additional information concerning the privacy practices applicable to the use of that area.
We reserve the right to monitor any and all use of this Site in our discretion. However, unless required by law, we do not have any obligation to you to conduct such monitoring or to take any action based on any monitoring we may conduct.
You should be aware that in general information sent through the Internet is not secure. Email services that may be provided through this Site generally are not encrypted and do not provide a secure and private means of communication with us. If services offered on this Site do provide a secure means to communicate with us, (this is indicated by an icon that appears on your screen when you are using such a service). For certain types of communications through this Site, we may require the use of encryption technologies provided for your protection and/or require you to use user identification information ("UserID") and passwords. You are responsible for the confidentiality and use of your UserID, password, social security number and account number. If you become aware of any loss, theft or unauthorized use of your UserID, password, social security number or account number, immediately notify WCAS. While we may provide those technologies and use other reasonable precautions to protect confidential information and provide suitable security, we cannot guarantee that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error. Please be aware that although passwords or other security protections may be in use, we reserve the right to monitor any and all transmissions, stored messages and routine backup copies of communications to ensure appropriate system usage.
The laws of the State of New Jersey govern these Terms and Conditions, without regard to its conflict of laws provisions. If you take legal action relating to these Terms and Conditions or arising out of or relating to your use of this Site, you agree to file such action only in New Jersey and you consent to submit to the personal jurisdiction of the state and federal courts of New Jersey for the purposes of pursuing any such action. Any cause of action you may have with arising out of or related to your use of this Site must be commenced within one (1) year after the cause of action arises. We reserve the right to seek all remedies available at law and equity for violations of these terms and conditions, as well as the right to restrict access to this Site or any portion of it. We do not represent that the information in this Site is appropriate or available for use in other locations, and access from certain locations may be strictly prohibited. Those who access this site do so on their own initiative and are responsible for compliance with all applicable local laws.
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