Terms & Conditions of Use

Effective and Last Updated: December 6, 2013

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, DO NOT USE THIS WEBSITE!

General Description

Welcome to The National Center for Outdoor & Adventure Education, http://www.ncoae.org, and http://blog.ncoae.org (collectively ”NCOAE”). The mission of this NCOAE-owned Internet-based website is to provide information and resources of value to individuals interested in The National Center for Outdoor & Adventure Education and the facilitation of outdoor adventure and education experiences that foster teamwork, environmental stewardship and the acquisition of technical skills, and related information and services (the “Services”). To provide the Services, we have set specific Terms & Conditions of Use (the “Terms”). By accessing, using, or contributing to the Services, and in consideration for the Services we provide to you, you agree to abide by the Terms.

NCOAE may change the Terms from time to time, at NCOAE’s sole discretion. Your continued use of this Site following the posting of such changes will constitute your assent to all such changes. Please periodically visit this section of the site to review the current version of the Terms.

This Site is an information starting point. NCOAE does not provide or replace individualized general or specialized advice you can and should receive from a professional.

This Site may include information that is out of date, jurisdiction specific, or applicable only based on a specific set of facts. Use of the Services does not create an official relationship of any kind between the user and NCOAE. If you are in need of general- or specific-outdoor education-related advice, seek out a qualified professional and do not rely on www.ncoae.org.

Disclaimer of Warranty & Limitation of Liabilities

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NCOAE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, NCOAE HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.

NCOAE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS SITE. YOU EXPRESSLY AGREE THAT YOU USE THIS SITE SOLELY AT YOUR OWN RISK.

UNDER NO CIRCUMSTANCES SHALL THE NATIONAL CENTER FOR OUTDOOR & ADVENTURE EDUCATION, OR ANY OF ITS RESPECTIVE EMPLOYEES, MANAGERS, DIRECTORS, OR CONSULTANTS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS) ARISING OUT OF OR CONNECTED WITH THE SITE (INCLUDING BUT NOT LIMITED TO ITS OPERATION, ITS CONTENTS OR THE INFORMATION OR MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER SITE LINKED TO THE SITE, OR ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS, OR THE PRIVACY POLICY APPLICABLE TO THIS SITE) EVEN IF THE NATIONAL CENTER FOR OUTDOOR & ADVENTURE EDUCATION AND ITS EMPLOYEES, OFFICERS, DIRECTORS OR CONSULTANTS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF ANY DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU IN SUCH STATES. THE RESPECTIVE LIABILITY OF THE NATIONAL CENTER FOR OUTDOOR & ADVENTURE EDUCATION AND ITS EMPLOYEES, MANAGERS, officers, DIRECTORS OR CONSULTANTS, SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Account

Registration

To utilize the Services or certain portions thereof, you may be required to complete a registration process and establish an account with NCOAE (”NCOAE Account”). You represent and warrant that all information provided by you to NCOAE is current, accurate, and complete, and that you will maintain the accuracy and completeness of this information on a prompt, timely basis.

Password and Security

As a registered user of NCOAE Services, you may receive or establish one or more passwords. You are solely responsible for maintaining the confidentiality and security of your password(s) and NCOAE Account(s). You understand and agree that you are fully responsible for all actions and postings made from your NCOAE Account(s). You also agree that the accounts you create are not transferable. Finally, you agree to notify NCOAE immediately if you become aware of any unauthorized use of your NCOAE Account(s).

Termination

NCOAE reserves the right to terminate your NCOAE Account or restrict access to your NCOAE Account, to delete any content posted through your NCOAE Account, or to delete any content posted by you as a registered or as an unregistered user, with or without notice, for any or for no reason, and without any liability to you.

Community Participation

Browsing

You understand that material made available by NCOAE is a product of both a business and community effort and may not necessarily represent the view of NCOAE. NCOAE assumes no responsibility for the accuracy, suitability, or completeness of any content provided, including but not limited to Site entries, Site comments, content linked to, links, or any other content that may be found on NCOAE.

Linking

You understand that NCOAE has not and cannot review all material made available through websites linked or linking to any part of this site. You also understand that no such linking implies in any way that NCOAE endorses or is affiliated with any third-party website. You agree that NCOAE bears no responsibility or liability for any content accessed or harm caused from any third-party website.

NCOAE License

By posting or contributing content – including testimonials, product and course reviews, and comments made on the NCOAE Blog – and using these Services, you are granting NCOAE a non-exclusive, royalty-free, perpetual, and worldwide license to use your contributed content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work in perpetuity.

Content

Contributed content – including testimonials, reviews and comments – must be relevant to the subject and scope of NCOAE. Content may not be illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable.

NCOAE does not pre-screen any contributed content, including comments, but NCOAE has the right (though not the obligation) to remove, without notice, any content posted, including comments, which NCOAE considers for any reason to violate these Terms or to be outside the subject scope of the Services.

NCOAE may terminate any account, with or without notice, for posting such content.

NCOAE may temporarily or permanently block offending commenters’ IP (Internet Provider) addresses if a commenter has posted comments that are threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, abusive, off-topic, used excessive foul language, or include ad hominem attacks. This means the abusive commenter is banned from commenting on NCOAE in the future, even if the later comments are not abusive.

Commenting Guidelines

NCOAE seeks to bring a diverse range of perspectives and voices into this website. While we do not want to limit the spirit of civil disagreement, we will decline to publish certain content, including factually incorrect comments and user-generated content (“Unacceptable Content”), and will remove it at our discretion if we find it on this website.

Unacceptable content includes but is not limited to the following:

  • Irrelevant statements or SPAM.
  • Defamatory or knowingly false statements.
  • Information of a private or personal nature that does not have relevant value.
  • Statements that are intended as a personal attack or are abusive, harassing, or threatening.
  • Materials that violate the copyright, trademark, or trade secret rights of others that are not otherwise authorized by law, such as fair use.
  • Statements that are threatening, harassing, libelous, false, defamatory, offensive, obscene or pornographic, abusive, off-topic, use excessive foul language, or include ad hominem attacks.
  • NCOAE will determine what is “Unacceptable Content” on a case-by-case basis.
  • NCOAE reserves the right to change these standards at any time.
  • NCOAE also reserves the right to edit user-contributed statements and remove links to unacceptable off-site content at any time.

User Representations and Warranties

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity.

You further represent and warrant that you are who you say you are, that you have not submitted fictitious, false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, abusive, off-topic, uses excessive foul language, or includes ad hominem attacks, or obscene or pornographic material, or other material that would violate applicable local, state, or federal law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

Indemnities

You acknowledge and agree to indemnify and hold NCOAE and their affiliates, officers, employees, directors, partners, contractors, advisors and agents, harmless, including for costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of your use of the Site or Services, your violation of these Terms, or the infringement by you or made under your account, of any intellectual property or other right of any person or entity.

Privacy

Please read our Privacy Policy, which is incorporated herein by reference.

Other Terms

Modifications

NCOAE reserves the right to change, at any time, at our sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms. Your continued use of the Services constitutes your agreement to all such Terms.

Termination of Service

NCOAE disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. NCOAE reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

Extent of Terms

These Terms apply to use of and contribution to the NCOAE Site and any account provided therefore. NCOAE may operate additional projects or services, which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.

No Waiver of Terms

Failure of NCOAE to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

Governing Law and Entire Agreement

These Terms are governed by the laws of State of North Carolina, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of North Carolina in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it.

The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

Effective and Last Updated: December 6, 2013.