Purple Martin Conservation

Clearinghouse & Association

 

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Purple Martin Conservation
Clearinghouse & Association Terms of Use

 

S&K Manufacturing, Inc. is the Sponsor of PMCCA.org

All users of PMCCA.org services, and all members upon signing up for PMCCA.org membership, agree to comply with PMCCA.org's Terms of Use ("TOU"). The spirit of the TOU is to ensure members are using PMCCA.org membership with due regard to the rights of other Internet users and in conformity with the requirements of PMCCA.org network environment. The TOU are not exhaustive and PMCCA.org reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.pmcca.org or notification of the modified TOU. Any complaints about a member's violation of the TOU should be sent to forumadmin@pmcca.org. Except when expressly agreed to the contrary in writing by an authorized representative of PMCCA.org, this TOU supersedes any other agreement with PMCCA.org, whether written, oral, by conduct, or otherwise
Legal Use:
PMCCA.org may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, when requesting an Id and password from PMCCA.org, all PMCCA.org members certify that they are who they say they are (either in written form or verbally) and are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Viruses and Other Destructive Activities
Use of PMCCA.org membership or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any member to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use PMCCA.org membership and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Child pornography
The use of PMCCA.org's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. PMCCA.org is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
PMCCA.org is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, PMCCA.org urges its members to assume that all of their on-line communications are insecure. PMCCA.org cannot take any responsibility for the security of information transmitted over PMCCA.org's facilities. Additional details on privacy and PMCCA.org's use of member information can be found in PMCCA.org's Privacy Statement located here.

 
Member Responsibility
Members are required to use the PMCCA.org network responsibly. This includes respecting the other members of PMCCA.org. PMCCA.org reserves the right to suspend and/or cancel service with any member who uses the PMCCA.org network in such a way that adversely affects other PMCCA.org members. While PMCCA.org may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, PMCCA.org does not monitor its members' communications or activities to determine whether they are in compliance with the TOU. However, when PMCCA.org becomes aware of any violation of the TOU or other user agreements, PMCCA.org may take any action to stop or correct such violation, including, but not limited to, denying access to PMCCA.org's services and equipment or to the Internet. In addition, PMCCA.org may take action against a member or a member of such member because of the activities of such member. PMCCA.org anticipates that members who offer Internet services will cooperate with PMCCA.org in any corrective or preventive action that PMCCA.org deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of PMCCA.org policy and PMCCA.org reserves the right to take any such action even though such action may affect other members of the PMCCA.org member.

 
Actions Taken by PMCCA.org
The failure by a member to meet or follow any of the TOU is grounds for account deactivation. PMCCA.org will be the sole arbiter as to what constitutes a violation of the TOU. PMCCA.org reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When PMCCA.org becomes aware of an alleged violation of its TOU, PMCCA.org will initiate an investigation. During the investigation, PMCCA.org may restrict a member's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, PMCCA.org may, at its sole discretion, restrict, suspend, or terminate a member's account and/or pursue other civil remedies. If such violation is a criminal offense, PMCCA.org will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. PMCCA.org does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by PMCCA.org.

 
Indemnification
PMCCA.org members agree to protect, defend, hold harmless, and indemnify PMCCA.org, any third party entity related to PMCCA.org (including, without limitation, third party vendors), and PMCCA.org's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the member's use of PMCCA.org's services.

 
Disclaimer
The PMCCA.org service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. PMCCA.org expressly disclaims any representation or warranty that the PMCCA.org service will be error-free, secure or uninterrupted. No oral advice or written information given by PMCCA.org, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. PMCCA.org and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

 
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL PMCCA.org (INCLUDING, WITHOUT LIMITATION, PMCCA.org'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING PMCCA.org'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR PMCCA.org SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY PMCCA.org SERVICES EVEN IF PMCCA.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PMCCA.org'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO MEMBER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR PMCCA.org'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY PMCCA.org OR PMCCA.org'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE MEMBER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

 
Modifications
PMCCA.org may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide members with PMCCA.org's services. Certain changes to PMCCA.org's services may affect the operation of members' personalized applications and content. Each member is solely responsible, and PMCCA.org is not liable, for any and all such personalized applications and content, except as expressly agreed to by PMCCA.org.

 
Backup of Data
Except where PMCCA.org has expressly agreed in writing to the contrary, members are solely and entirely responsible, and PMCCA.org is in NO way responsible, for the management and backup of all member data, and all updates, upgrades, and patches to any software that members use in connection with PMCCA.org services.

 
Third Party Licenses
PMCCA.org makes a reasonable effort to provide members with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, PMCCA.org makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, PMCCA.org specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no member will hold PMCCA.org liable in any way for the revocation of any license, which has been licensed to PMCCA.org. The use of the Technologies obtained from or through PMCCA.org, or any other referred third party, whether directly or indirectly, is at the sole risk of members.

 
Non-PMCCA.org Products
Any mention of non-PMCCA.org products by PMCCA.org, its employees, or any third party entity related to PMCCA.org is for information purposes only and does not constitute an endorsement or recommendation by PMCCA.org. PMCCA.org disclaims any and all liabilities for any representation or warranty made by the vendors of such non-PMCCA.org products or services.

 
PMCCA.org's Intellectual Property
Members will not, without PMCCA.org's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on PMCCA.org's Web site, and members will not use any of PMCCA.org's trademarks, service marks, copyrighted materials, or other intellectual property without PMCCA.org's express written consent. Members will not, in any way, misrepresent their relationship with PMCCA.org, attempt to pass themselves off as PMCCA.org, or claim that members are PMCCA.org.

 
Assignment
Members may not assign or delegate their rights or obligations under the TOU or other agreement for PMCCA.org's services, either in whole or in part, without the prior written consent of PMCCA.org.

 
Minimum Age Requirement
PMCCA.org members must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a PMCCA.org member. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for PMCCA.org services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains PMCCA.org's express written consent to the contrary. Any acceptance of the TOU or any other agreement for PMCCA.org's services will be deemed null and void to the extent that PMCCA.org will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of PMCCA.org's services.

 
Governing Law and Severability
The TOU, and any other agreement for PMCCA.org services, will be governed by and construed in accordance with the laws of the State of Missouri USA without reference to its conflicts of laws principles. Any litigation or arbitration between a member and PMCCA.org will take place in Illinois, and the member will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other PMCCA.org agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

 
Force Majeure
PMCCA.org will not be liable for delays in its performance of the TOU or PMCCA.org services caused by circumstances beyond PMCCA.org's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). PMCCA.org will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of members for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for PMCCA.org services, initiated by a member, will be effective only if accepted in writing and signed by an authorized representative of PMCCA.org.

 
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between PMCCA.org and its members. Each of PMCCA.org and its members will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

 
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

 
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for PMCCA.org services, constitutes the complete understanding and agreement between PMCCA.org and its members. Except when expressly agreed to the contrary in signed writing by an authorized representative of PMCCA.org, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for PMCCA.org services is between PMCCA.org and its members only and will not confer any rights in any third party except as otherwise expressly provided by PMCCA.org.

 

Contact Us
If you have questions or concerns regarding this Policy, you should contact us by email at  forumadmin@pmcca.org
2007 Purple Martin Conservation Clearinghouse & Association.  All rights reserved.