IDYLLWILD FOREST HEALTH PROJECT – TERMS AND CONDITIONS OF USE
LAST REVISED ON: AUG 13. 2023
The website located at https://mountainaid.net, including without limitation, use of all content, data, images, information and other materials posted on or available through the website (collectively the “Site”) is a copyrighted work belonging to The Idyllwild Forest Health Project, a nonprofit, tax-exempt charitable organization (tax identification number 82-2208987) (“IFHP”, “us”, “our”, and “we”). For the avoidance of doubt, the Site includes all paths, subdomains, and uniform resource locators (“URL”) that a person would reasonably consider to be a part of the Site. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features or will otherwise be provided under the circumstances. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
- Introduction
THE SITE AND RELATED CONTENT AND SERVICES ARE PROVIDED SUBJECT TO THESE TERMS AND CONDITIONS OF USE. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THE SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PROMPTLY EXIT THE SITE.
PLEASE BE AWARE THAT SECTION 19 OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND IFHP HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF YOUR ACCEPTANCE OF THESE TERMS. IN PARTICULAR, IT CONTAINS ARBITRATION PROVISIONS WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND IFHP TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.
IMPORTANT NOTICE TO YOU
These Terms and Conditions of Use and the Privacy Policy www.idyforest.org/privacy-policy (collectively, the “Terms”), govern your use of the Site. By using the Site, you agree that you have reviewed and understood these Terms to your full satisfaction, that you accept and are subject to the Terms, and that IFHP is permitted to use the information it collects through the Site as set forth below or in the Privacy Policy. If you are not in agreement with the Terms, you must immediately leave and cease use of the Site. To the extent that there is any conflict between a provision of the these Terms and Conditions of Use and a provision in the Privacy Policy, the provision in these Terms and Conditions of Use shall prevail. If you breach any of these Terms, your authorization to use the Site shall automatically terminate.
These Terms are in addition to any other agreement you may have with IFHP, including any agreement governing purchase or use of IFHP’s products or services by you or your organization.
The contents of the Site, such as text, graphics, images, and other material contained on the Site (“Content“) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site!
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. IFHP does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by IFHP, IFHP employees, others appearing on the Site at the invitation of IFHP, or other visitors to the Site is solely at your own risk.
The Site may contain health or medical-related materials that are sexually explicit. If you find these materials offensive, you should cease use the Site. The Site and the Content are provided on an “as is” basis. - Ownership
The Site is owned by IFHP. Except for Third Party Content (defined below) all content, data, information and other materials on or directly accessible from the Site, is owned by IFHP, its affiliates, licensors and/or vendors. The Site and all content is protected by United States and international copyright and trademark laws. Any rights not expressly granted by these Terms or any applicable end user license agreements are reserved by IFHP and/or its vendors and licensors.
Except for Third Party Content, the contents of the Site may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of IFHP, except that you may download content from the Site to any single computer, provided you keep intact all copyright, trademark, and other proprietary notices and comply with these terms and any additional applicable end user license agreements. Except as provided in these Terms, any use of these materials on any other website or networked computer environment for any purpose is prohibited.
If you provide IFHP with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to IFHP all rights in such Feedback and agree that IFHP shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. IFHP will treat any Feedback you provide to IFHP as non-confidential and non-proprietary, provided, however, any analysis by IFHP or results stemming from such Feedback shall be deemed IFHP’s confidential information. You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary. - Third Party Content
The Site may display, include, make available, or otherwise link to content, data, information, applications, web sites, or other materials generated or provided by third parties (“Third Party Content”). You understand that Third Party Content may include content that may be deemed offensive, indecent, or objectionable, or that may be inaccurate, unresponsive, unreliable, or even untruthful. By using the Site, you acknowledge and agree that IFHP shall not be responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of Third Party Content. IFHP does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any Third Party Content. Third Party Content is provided “AS IS” and solely as a convenience to you, with no warranties of any kind.
You agree that IFHP shall not be liable or otherwise responsible for any content or information you post in a web-forum, in a chat room, or through other interactive or “social networking” portions of the Site (your “Personal Content”) and that such Personal Content may be immediately displayed on the Site and treated as Third Party Content. The generation and distribution of Personal Content is at your own risk. You hereby grant to IFHP a non-exclusive, irrevocable, transferable, worldwide, royalty free, perpetual, sub-licensable through multiple tiers, right and license to store, copy, distribute, transmit, publicly perform, display, sell, create derivative works of, and otherwise use the Personal Content for purposes of providing the Site to third parties, including the right to transmit the Personal Content to other users of the Site. - No Framing
You may not frame or utilize framing techniques to use, surround or enclose any of IFHP’s names, trademarks, service marks, logos, or other proprietary information (including images, text, page layout, or form) of IFHP and/or its affiliates without IFHP’s express written consent. - Jurisdiction
IFHP makes no representation that materials in the Site are appropriate or available for use in any specific location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local or national laws, if and to the extent local or national laws are applicable. The software, technology and other information from the Site is further subject to United States export controls and, potentially, the import laws of your jurisdiction. No software, technology or other information from the Site may be downloaded or otherwise exported or re-exported to any person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders or otherwise prohibited by United States export control laws. By downloading or otherwise using any software, technology or other information from the Site in any manner whatsoever, you represent and warrant that you are not on any such list or located in, under the control of, or a national or resident of any such country. - Trademarks
All trademarks, logos and service marks (“Marks”) displayed on the Site (or are otherwise associated with the Idyllwild Forest Health Project, including, without limitation, IDYLLWILD FOREST HEALTH PROJECT, IDYLLWILD FOREST HEALTH PROJECT, MOUNTAIN COMMUNITIES MUTUAL AID, MOUNTAIN AID, and IDYLLWISE) are the property of IFHP or the property of other third parties. You are not permitted to use such Marks without the prior written consent of IFHP or the consent of the third party that owns the Marks. - IFHP’s Use of Your Data and Communications
Except as expressly provided in IFHP’s Privacy Policy, you acknowledge that any Personal Content, communications, material, information, or data of any kind that you e-mail, post, or transmit to or through the Site, including, questions, comments, suggestions and other information (your “Communications”) will be treated as non-confidential and non-proprietary by IFHP. You hereby represent and warrant that you have the right to provide to IFHP all Communications you submit to IFHP through the Site. By using the Site, you authorize and hereby grant IFHP a non-exclusive, transferable, sub-licensable, fully-paid, royalty-free, perpetual, world-wide, and irrevocable license to reproduce, create derivative works of, transmit, display, disclose, sell, and otherwise use your Communications for reasonable business purposes, except as expressly prohibited by IFHP’s Privacy Policy.
YOU ACKNOWLEDGE THAT SECURITY SAFEGUARDS, BY THEIR NATURE, ARE CAPABLE OF CIRCUMVENTION AND IFHP DOES NOT AND CANNOT GUARANTEE THAT YOUR INFORMATION OR COMMUNICATIONS CANNOT OR WILL NOT BE ACCESSED BY UNAUTHORIZED PERSONS. YOU ACKNOWLEDGE AND AGREE THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (e.g., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE THE SITE, YOUR INFORMATION OR COMMUNICATIONS, AND/OR IFHP’S NETWORKS. IFHP SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES OR FOR YOUR INABILITY TO ACCESS OR USE THE SITE. YOU ARE SOLELY RESPONSIBLE FOR THE CONFIDENTIALITY, SECURITY, AND INTEGRITY OF YOUR INFORMATION AND SYSTEMS. - Hyperlinking to the Site
Except as specifically provided in these Terms, you may not create hyperlinks to the Site. You may provide hyperlinks to the Site on a non-commercial, not-for-profit website, freely accessible by the public at no charge, provided that “deep links” (e.g., hyperlinks or URLs other than to IFHP’s homepage currently located at https://mountainaid.net/) must be in accordance with any additional terms, conditions and/or technical instructions that IFHP may post on the Site from time-to-time. If you desire to link to the Site in any other manner, you must obtain IFHP’s written permission pursuant to a separate written agreement.. You shall not link to the Site in any manner that states or implies any affiliation between you or your organization and IFHP, or any sponsorship, approval or recommendation of you or your organization by IFHP. Any permitted link to the Site must clearly identify IFHP as the owner of the Site. IFHP reserves the right to redirect any links to the Site to any page it chooses. - Acceptable Use
As a condition of your use of the Site, you represent and warrant to IFHP that you will not (i) use the Site for any purpose that is unlawful, (ii) use the Site for any commercial purpose, (iii) modify, rent, lease, loan, sell, or distribute the Site in any manner, (iv) use or exploit the Site in an abusive, improper, or illegal manner as determined solely by IFHP, including but not limited to, by trespass, burdening network capacity, or using the Site to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party or to transmit illegal, pornographic, libelous, profane or otherwise offensive messages or content, and (v) create derivative works based on the Site or reverse engineer, deconstruct, disassemble or decompile any software or technology underlying the Site or provided through the Site. - Use of Robots
IFHP does not permit the use of robots, spiders, crawlers or the like in connection with the Site without IFHP’s prior written permission. This restriction does not apply to the use of these mechanisms to index content of the Site for use in connection with search engines and other online directories. - External Hyperlinks from the Site
Third Party Links. The Site may contain hyperlinks to third party websites. External hyperlinks to or from the Site do not constitute any endorsement or recommendation by IFHP of any third party or its website, products, resources or other information. An external hyperlink to a site does not imply that IFHP is affiliated with or sponsors the third party’s website. IFHP is not responsible for any software, data or other information available from any third party website. You are solely responsible for complying with all terms and conditions of use for any third party sites. You acknowledge that IFHP shall have no liability for any damage or loss arising from your access to, use of or reliance on any third party site, software, data, or other information.
Release. You hereby release and forever discharge IFHP (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any third-party links or ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” - Accuracy and Integrity of Information
Although IFHP attempts to ensure the integrity and accuracy of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible the Site may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform IFHP so that it can be corrected. Information contained on the Site, including the Terms, may be changed or updated at any time and for any reason without notice. - Acquisitions; Bankruptcies
IFHP may disclose your information to affiliates, service providers, advisors, potential transactional partners or other third parties in connection with the negotiation or completion of a merger, acquisition, bankruptcy, liquidation, or sale of IFHP or some or all of IFHP’s assets. - No Warranty
THE SITE AND ALL INFORMATION AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE”. IFHP DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE RESULTS OF ANY QUERY WILL BE COMPLETE OR ACCURATE. IFHP DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. WITHOUT LIMITING THE FOREGOING, IFHP DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY DATA, DESCRIPTION, IDENTIFICATION OR OTHER INFORMATION DISPLAYED, DISTRIBUTED, HYPERLINKED OR OTHERWISE REFERRED TO THROUGH THE SITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IFHP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. - Limitation of Liability
NEITHER IFHP NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING FROM YOUR USE OF (OR INABILITY TO USE) THE SITE OR THE INFORMATION CONTAINED THEREIN, HOWEVER ARISING, EVEN IF IFHP OR ITS AFFILIATES OR THEIR REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION DOES NOT APPLY TO THE EXTENT IT IS PROHIBITED BY LAW.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR OTHER SITE-RELATED CONTENT, INFORMATION, SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR SUCH CONTENT, INFORMATION, OR SERVICES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IFHPs LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT IFHP’s SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS. - Indemnification
You agree to indemnify and defend IFHP and its affiliates, and their participants, members, volunteers, staff, employees, suppliers, directors, and agents from any claims, actions, losses, liabilities, damages, costs, and expenses (including attorneys fees and costs) directly or indirectly arising from your (a) use of the Site, (b) violation of any third party right, (c) breach of any of these Terms, or (d) violation of any applicable laws or regulations. You agree to cooperate as fully as reasonably required in the defense of any claim. IFHP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of IFHP. Procedure for Making Claims of Copyright Infringement
IFHP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IFHP, via email to hello@idyforest.org, the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.Changes to these Terms and Conditions of Use
IFHP reserves the right to make changes to these Terms, including the Privacy Policy, at any time and for any reason. Please check these Terms and the Privacy Policy when you use the Site to ensure that you are aware of any changes. The Terms will indicate the date they were last updated. Your continued use of the Site, including use after the posting of any changes to these terms, will be deemed as an acceptance by you of the then-current Terms.General
Supplemental Terms. Certain provisions of these Terms may be superseded by or supplemented with expressly designated legal notices or terms located on particular pages within the Site. At IFHP’s sole discretion, it may include additional, supplementary, or superseding terms along with any purchase order, statement of work, or additional agreement relating to any goods or services as IFHP deems to necessary.
Term and Termination. These Terms will remain in full force and effect while you use the Site. IFHP may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, right to access and use the Site will terminate immediately. Company will not have any liability whatsoever to you for any termination of your rights under these Terms.
Dispute Resolution. The parties agree that any and all disputes, claims or controversies arising out of or relating to these Terms that are not resolved by mutual agreement shall be governed by California law, without giving effect to principles of conflicts of laws provisions thereof, and shall be submitted to final and binding arbitration before JAMS, or its successor, pursuant to the United States Arbitration Act, 9 U.S.C. Sec. 1 et seq. The arbitration shall take place in Riverside, California unless the parties otherwise agree in writing. Within fourteen (14) days thereafter, the arbitrator shall arrive at a final decision, which shall be reduced to writing, signed by the arbitrator, and mailed to each of the parties and their legal counsel. All decisions of the arbitrator shall be final, binding and conclusive on the parties and shall constitute the only method of resolving disputes or matters subject to arbitration pursuant to the Terms; provided, however, nothing shall prohibit the parties from seeking injunctive relief and/or other equitable remedies in a court of competent jurisdiction. The arbitrator or a court of appropriate jurisdiction may issue a writ of execution to enforce the arbitrator’s judgment. Judgment may be entered upon such a decision in accordance with applicable law in any court having jurisdiction thereof.
Severability. Except as otherwise provided in the Terms, if any part or parts of the Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
If you have any questions concerning these Terms, or you desire to contact IFHP for any reason, please write: hello@idyforest.org
- Introduction
