Terms and Conditions
These terms and conditions apply to LodgeAtDodgePond.org website (the “Site”) which is owned and operated by St. Lawrence NYSARC (“SLNYSARC,” “we” or “us” as applicable). The Site is provided as a service to our customers. Please review the following terms and conditions of use, which govern your use of the site (the “Agreement”).
By accessing the Site, you agree to follow and be bound by the Agreement and the Privacy and Security Policy. We reserve the right to update or modify this Agreement at any time without prior notice. We encourage you to review the Agreement whenever you visit the Site. If you do not agree to be bound by these terms, please do not use or access the Site.
Please read our Privacy and Security Policy which also governs your use of the Site and our use of information and data which you may provide to us.
All materials on this Site — including, but not limited to, all of the page headers, images, text, illustrations, formats, logos, designs, icons, photographs, programs, and video or audio clips (collectively, the “Contents”)— are intended solely for personal, non-commercial use. You may access, view, download, print or copy the Contents and other materials displayed on the Site for your personal, non-commercial use only; provided, however, that you (1) must respect all copyright, trademark or other proprietary designations contained on all Contents; (2) do not modify or alter the Contents in any way; and (3) do not provide or make available the Contents to any third party. No right, title or interest in any viewed, copied or downloaded Content is transferred to you as a result of your use of this Site. We own and reserves all rights, title and interest in and to the intellectual property rights in any Content you access on this Site. We may terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of the Site, at any time and without notice.
Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on the Site is strictly prohibited. LodgeAtDodgePond.org is our trademark.
Copyright and Trademarks
Unless otherwise noted, all materials, including images, text, illustrations, designs, icons, photographs, programs, video clips and written and other materials that are part of this Site are copyrights, trademarks, trade dress and/or other intellectual property owned and protected by Intellectual Property laws including, controlled or licensed by us, one of our affiliates or by third parties who have licensed their materials to us, and are protected by various U.S. and international laws. The collection, arrangement, and assembly of all content on the Site are our exclusive property.
Users are prohibited from tampering with or attempting to tamper with the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of services; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting or (f) any other foreseen or unforeseen attempt to jeopardize the security of the Site or the data contained on the Site (collectively, “Security Violations”). Any Security Violations may result in civil or criminal liability. We will investigate any attempted or actual Security Violations and when necessary, cooperate with law enforcement authorities that may prosecute users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from us on this Site and other than generally available third party web browsers (e.g., Google Chrome, Netscape Navigator, Microsoft Explorer).
This Agreement in conjunction with the Privacy and Security Policy represents the complete agreement between the parties and supersedes all prior agreements and representations between them. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of this Agreement shall remain in full force and effect. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under the substantive law of the state of New York (exclusive of its choice of law provisions). Any action or proceeding arising out of or related to this Agreement or your use of this Site must be brought in the state or federal courts of New York.
User Comments, Feedback and other Submissions
We welcome your comments regarding the Site; however, all comments, feedback, postcards, suggestions, ideas, or other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain SLNYSARC's property. Such disclosure, submission or offer of any Comments shall constitute an assignment to SLNYSARC of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, publish and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We have made every effort to display as accurately as possible the colors of our facilities that appear on the Site. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including reasonable attorneys' fees, arising from or related to your use or access of the Site.
These terms are effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you unsubscribe as described in the Privacy and Security Policy and discontinue any further use of the Site. We may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement under any circumstances, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under this Agreement or otherwise.
This Site and all material, information or services included through the Site are provided by "as is." SLNYSARC, its agents and licensors do not warrant the accuracy, completeness, correctness, noninfringement, merchantability or fitness for a particular purpose of the information available through the Site. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, SLNYSARC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, SLNYSARC DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY VISITING AND USING THE SITE, THAT YOU ARE DOING SO AT YOUR OWN RISK. This disclaimer constitutes an essential part of this agreement.
LIMITATION OF LIABILITY
Under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we or any of our employees, directors, officers, agents, vendors or suppliers be liable to you or to any other person for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the site, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if an authorized representative of SLNYSARC has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of the fees paid by you in connection with your use of the site during the six (6) month period preceding the date on which the claim arose.
No amendment, modification or addition to these terms and conditions shall be binding unless expressly agreed to in writing and signed by us. These terms and conditions shall be binding upon you, your permitted successors and assigns, and shall inure to the benefit of us. Any waiver by us of any part herein shall not constitute a waiver of any other part. These terms and conditions shall be construed under and governed by the substantive laws and not the choice of law rules of the State of New York. You consent to and agree that any state or federal court in St. Lawrence County, New York shall have personal and subject matter jurisdiction over you and this Agreement; that New York has the most significant contacts with this Agreement, to the exclusion of any other state; and that any legal dispute brought by either you or us relating to this Agreement will be instituted in St. Lawrence County, New York. You expressly consent and agree to receive communications regarding any order or transaction from us by electronic mail and facsimile.