TERMS AND CONDITIONS FOR USE OF THE PROJECT WET™ FOUNDATION ONLINE TRAINING

Agreement to Terms

By accessing Project WET Foundation (PWF) Online Training, you signify that you agree to these Terms and Conditions. In addition, you will be subject to any posted guidelines, rules, or additional terms and conditions that may be posted, including, without limitation, our Privacy Policy. If you do not agree to the Terms and Conditions or any other guidelines, you may not use the Online Training. We reserve the right to change, modify, add, or remove portions of the Terms and Conditions at any time. Please check the Terms and Conditions periodically for such changes. Your continued use of the Online Training after the posting of changes will mean you agree to abide by those changes.

Use of Online Training

As a condition of your use of the Online Training, you will not use the Online Training for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Online Training in any manner that could damage, disable, overburden, or impair any website or interfere with any other party’s use and enjoyment of the Online Training.

Redistribution and Redisplay of Content

You may share the URL for the Online Training materials with others, but they must purchase the Online Training to receive the Guide 2.0. Project WET Coordinators or Facilitators are authorized to use the Online Training materials as resources in hosting their own trainings as long as they are accessed through this URL (http://projectwet.org/use-project-wet/online-training/guide-online-training).

Intellectual Property

The content of this Online Training is protected by United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Online Training are the intellectual property of Project WET Foundation (“PWF”) or its licensors. Unless stated otherwise, Project WET is the owner, throughout the world, of all rights, titles and interest in and to the marks, names, patents, logos, copyrights and trademarks related to Project WET programs, publications, products and services. You may not distribute, sell or otherwise transfer any Project WET™ educational materials to anyone else.

Use of the Online Training does not constitute a transfer or license of copyright or ownership of any PWF materials, publications or intellectual property to you, the user. Unless you have obtained written permission from PWF, nothing in the Terms and Conditions gives you a right to use any of PWF’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features or copyrighted materials.

Copyright-Infringement Policy; Notice of Copyright-Infringement Claims

Digital Millennium Copyright Act, Safe Harbor Notice Provisions

It is the policy of PWF to respect the intellectual property of others. If you are alleging that copyrighted material may have been or is being infringed with respect to any items on the Online Training, you may notify PWF pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.

Such notice must include the following to be effective:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works are covered by a single notification, a list of such works.
3. 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 PWF to locate the material.
4. Information reasonably sufficient to permit PWF to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
5. A statement that you have 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.
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All written notices should be sent to the following Designated Agent:

Project WET Foundation
1001 West Oak Street Suite 210
Bozeman, Montana 59715
406-585-2236
866-337-5486 (toll free in the USA)
406-522-0394 (fax)
[email protected]

Purchasing the Online Training on the Project WET Store

The course and accompanying Guide 2.0 can only be accessed by creating an account on the Project WET Store. In order to purchase the Online Training and Guide 2.0, you will be required to register and create an account. Any personal information provided to PWF as part of this registration process will be collected, stored and used in accordance with our Privacy Policy. All accounts must be registered with a valid personal email address that you access regularly so that emails can be sent to you. We may require users to re-validate their accounts.

In order for you to purchase the Online Course and accompanying Guide 2.0, you must have previously participated in a Project WET 6-hour workshop for the Curriculum and Activity Guide.

Representations and Warranties

You represent and warrant that you have full right and authority to enter into these Terms and Conditions. You further represent and warrant that your activities on the Online Training will not:

• infringe PWF or any third party’s copyright, trademark, trade secret, or other proprietary rights or rights of publicity or privacy or constitute a breach of contract;
• reveal any trade secrets or any information that you have agreed, expressly or by implication, to keep confidential;
• constitute (or encourage conduct that would constitute) a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or create liability for PWF or cause PWF to lose (in whole or in part) the services of our Internet Service Providers or other suppliers;
• transmit content PWF considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, malicious, vulgar, obscene, pornographic, sexually explicit, hateful, or racially, ethnically or otherwise objectionable;
• impersonate or claim the identity, characteristics, or qualifications of any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity, or otherwise be false, inaccurate, or misleading;
• be for commercial purposes or contain advertising or be intended to solicit a person to buy or sell services or to make donations, including spam or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this section;
• constitute, contain, or encourage make-money-fast-type messages, chain letters, or pyramid schemes of any type;
• contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or take any action that imposes an unreasonable or disproportionally large load on PWF’s infrastructure, including, without limitation, denial-of-service attacks;
• attempt to circumvent user authentication or the security of any user account or use any robot, spider, or other automatic device or manual process to monitor or copy the Site’s web pages or any of the materials in them; or
• be libelous or defamatory.

Links

The Online Training may include links to other Internet sites solely as a convenience to users. PWF does not endorse any such linked sites or the information, content, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, PWF makes no express or implied warranties with regard to the information, materials, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through link sites, is solely at the user’s own risk.

Disclaimer of Warranties

THE CONTENT, INFORMATION AND MATERIALS ON THE ONLINE TRAINING ARE PROVIDED AS IS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PWF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES REALTING TO ANY GOODS OR SERVICES AVAILABLE, OFFERED, OR SOLD ON OR THROUGH THE ONLINE TRAINING. PWF DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OR PROVIDED BY THE ONLINE TRAINING WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR FREE FROM SECURITY BREACHES. PWF DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE ONLINE TRAINING OR ANY CONTENT, INFORMATION OR MATERIALS PROVIDED ON THE ONLINE TRAINING, IN TERMS OF ITS/THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

No Consequential Damages; Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PWF BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR INABILITY TO USE THE ONLINE TRAINING OR ANY CONTENT POSTED TO THE ONLINE TRAINING, EVEN IF PWF OR A PWF-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

PWF shall have the right to suspend or terminate your access to any PWF-related website and refuse to grant you access to use any PWF website in the future with or without warning if PWF, in its sole discretion, believes you have (a) violated or tried to violate the rights of PWF or its affiliates, (b) violated or tried to violate any of the representations, warranties, or other provisions of these Terms and Conditions, or (c) acted inconsistently with any of the provisions hereof.

Injunctive Relief; Governing Law; Venue

You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms and Conditions would cause irreparable injury, that money damages would be an inadequate remedy, and that PWF shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you from such breach or threatened breach. Nothing in this section shall be construed as preventing PWF from pursuing any and all remedies available to it, including the recovery of money damages from you.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Montana, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions or the Online Training shall be filed only in the state or federal courts in and for Gallatin County, Montana, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

The failure of PWF to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms and Conditions may not be transferred or assigned by you but may be assigned by PWF without restriction.

International Matters

PWF is controlled and operated from its United States offices in Bozeman, Montana. We make no representation that materials on the Online Training are appropriate or available for use in any particular location. Those who choose to access the Online Training do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Effective Date: 7 March 2013