REACCH Terms and Conditions of Service

Regional Approaches to Climate Change for Pacific Northwest Agriculture (REACCH PNA)
Terms of Service
Version 1.0 May 2013
IMPORTANT NOTICE

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS OF SERVICE ("TOS")  BEFORE USING THE REACCH PNA DATA LIBRARY ("SERVICE") PROVIDED BY THE UNIVERSITY OF IDAHO ("UI") AND THE REGIONAL APPROACHES TO CLIMATE CHANGE FOR PACIFIC NORTHWEST AGRICULTURE (REACCH PNA) PROJECT. YOUR USE OF THE SERVICE CONSTITUTES YOUR ACCEPTANCE OF THE TOS. IF YOU AGREE TO THESE TERMS ON BEHALF OF A BUSINESS, ORGANIZATION, AGENCY OR INSTITUTION ("ORGANIZATION") YOU REPRESENT AND WARRANT THAT (I) YOU HAVE AUTHORITY TO BIND THAT ORGANIZATION TO THE TOS, AND (II) YOUR AGREEMENT TO THE TOS WILL BE TREATED AS THE AGREEMENT OF THE ORGANIZATION. IN SUCH CASE, "YOU" AND "YOUR" IN THE TOS SHALL REFER TO THE ORGANIZATION YOU REPRESENT.
THE SERVICE MAY BE USED TO PUBLISH AND REPRODUCE MATERIALS. YOU MAY ONLY USE THE SERVICE TO PUBLISH OR REPRODUCE NON-COPYRIGHTED MATERIALS, MATERIALS IN WHICH YOU OWN THE COPYRIGHT, OR MATERIALS YOU ARE AUTHORIZED OR LEGALLY PERMITTED TO PUBLISH OR REPRODUCE. IF YOU ARE UNCERTAIN ABOUT YOUR RIGHT TO COPY AND/OR PUBLISH ANY MATERIAL, YOU SHOULD CONTACT YOUR LEGAL ADVISOR.

This site is owned and operated by the University of Idaho – as part of a 5-year USDA/NIFA-funded Coordinated Agriculture Project, entitled REACCH PNA (Regional Approaches to Climate Change for Pacific Northwest Agriculture – www.REACCH PNA.org).  You may view, download, and print material from this site according to the provisions of the TOS and any additional use constraints published by REACCH PNA at http://www.REACCH PNA.org/resources/REACCH-policy-library and incorporated herein by reference. You may not use this site or information found at this site for selling or promoting products or services, soliciting clients, or any other commercial purpose, except as may be permitted under Section 12 of the TOS. You may not share your sign-in or password with anyone. Notwithstanding the foregoing, REACCH PNA reserves the sole discretion and right to deny, revoke, or limit use of this site.

1. DESCRIPTION OF SERVICE.

REACCH PNA gives users the ability to browse, search, publish, and exchange data and other content in the Service. The Service may be used through a web browser or other applications. The TOS apply to all users of the Service, including users who are also contributors of Content on the Service. "Content" includes but is not limited to the data, metadata, text, software, scripts, graphics, photos, sounds, music, video, audio visual combinations, interactive features, or other material that you may view on, access through, download from, or contribute to the Service. Copies of this Content may reside on your computer, REACCH PNA's servers, and/or on the computers of third parties.
You understand and agree that the Service, including Content and any new features provided with the Service, is provided "AS IS" and that REACCH PNA assumes no responsibility for any Content, user communications, or personalization settings of the Service. You are responsible for obtaining access to the Service and for any third-party fees (such as ISP charges) that such access may entail. In addition, you must provide and are responsible for all equipment necessary to access the Service.

2. MODIFICATIONS.

REACCH PNA may modify and update the TOS without notice at any time. You can review the current version of the terms of service at: https://reacchpna.org/reacch_tos.html.  Failure to comply with the current version of the TOS may result in revocation of your REACCH PNA user account ("REACCH PNA Account") and/or your access to REACCH PNA.

REACCH PNA reserves the right, without notice at any time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof), or to assign REACCH PNA's rights hereunder to any third party. You agree that neither REACCH PNA, nor its successors or assigns, shall be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

3. REACCH PNA ACCOUNTS

Account registration and verification is required in order to use some features of the Service. During account registration, users are required to provide accurate, complete and current information about themselves in all required fields. Users under 18 years of age are required to have a parent or guardian review and complete the registration process. Should any of your own information change after submitting it to REACCH PNA, you are required to update that information as soon as possible. Should REACCH PNA suspect that your registration information is not complete, current or accurate; your REACCH PNA Account may be subject to suspension or termination.

You are responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your REACCH PNA Account. You agree: (a) neither to provide your password to any third party, nor to allow any third party to access your REACCH PNA Account; (b) to immediately notify us of any unauthorized use of your REACCH PNA Account or any other breach of security; and (c) that you will establish and maintain only one REACCH PNA Account at a time.

4. PRIVACY

You acknowledge, consent and agree that REACCH PNA may access, preserve, and disclose your REACCH PNA Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of REACCH PNA, its users and the public.

REACCH PNA respects the privacy of all personal information you provide to the Service and shall use such information solely for the operations of the Service.

5. USER CONDUCT.

You understand that all Content on the Service is the sole responsibility of the user of the Service who published it.

You agree to NOT use the Service to:

-publish any Content that is unlawful, abusive, harassing, tortuous, defamatory, obscene, libelous, invasive of another's privacy, or racially, ethnically or otherwise objectionable;

-harm minors in any way;

-impersonate any person or entity, including without limitation, any REACCH PNA official, content editor, guide or host;

-forge or otherwise manipulate identifiers in order to disguise the origin of any Content published via the Service, or falsely state or otherwise misrepresent your affiliation with a person or entity;

-publish any Content that you do not have authority and/or a right to make available under any law or under contractual or fiduciary relationships (inside information, proprietary and confidential information disclosed as part of employment relationships or under nondisclosure agreements, etc.);

-publish any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;

-publish or exchange any Content that is subject to disclosure, security, or privacy prohibitions or restrictions under federal or state laws and regulations related to protected health information and/or participation by an individual in human subject research, except as permitted by such laws or regulations (See SPECIAL ADMONITIONS FOR PROTECTED HEALTH INFORMATION (PHI) AND/OR IDENTIFIABLE PRIVATE INFORMATION OF HUMAN SUBJECT RESEARCH PARTICIPANTS, below) ;

-publish or exchange any Content that is classified, subject to export control laws and regulations, and/or economic sanctions and embargoes laws and regulations of the United States (See SPECIAL ADMONITIONS FOR INFORMATION SUBJECT TO EXPORT CONTROLS AND/OR ECONOMIC SANCTIONS OR EMBARGOES, below);

-publish any material that contains software viruses or any other computer code that interrupts, destroys or limits the functionality of any computer software or hardware or telecommunications equipment; or

-intentionally or unintentionally violate any applicable local, state, national or international law, regulation or order, including without limitation, any laws regarding privacy or any regulations promulgated by the SEC or any rules of any national or other securities exchange.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge that REACCH PNA may or may not pre-screen Content, but that REACCH PNA and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service.

You agree to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Should any Content be reported to REACCH PNA as being offensive or inappropriate, or otherwise in violation of this Section or any other provision of the TOS, REACCH PNA may call upon the user publishing the content to retract, or modify the Content in question. REACCH PNA has the full authority to terminate the Account of a user publishing such Content, but is under no obligation to restrict or monitor Content in any way.

REACCH PNA has unilateral right but has no obligation to delete any Content it deems offensive, inappropriate, or otherwise in violation of this Section or any other provision of the TOS.

6. INDEMNITY.

You agree to indemnify and hold REACCH PNA, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

7. SPECIAL ADMONITIONS FOR PROTECTED HEALTH INFORMATION (PHI) AND/OR IDENTIFIABLE PRIVATE INFORMATION OF HUMAN SUBJECT RESEARCH PARTICIPANTS.

You agree to comply with applicable laws and regulations regarding the disclosure through the Service of Content including protected health information (PHI) and or individually identifiable information of research participants, including but not limited to the Health Insurance Portability and Accountability Act (HIPAA), the Health Information Technology for Economic and Clinical Health (HITECH) Act, and/or federal regulations governing human subject research (e.g. 42 C.F.R. §46 and 21 C.F.R. §§50, 56, 312, and 812), except as permitted by such laws and regulations.

8. SPECIAL ADMONITIONS FOR INFORMATION SUBJECT TO EXPORT CONTROLS AND/OR ECONOMIC SANCTIONS OR EMBARGOES.

You agree to comply with applicable laws and regulations regarding the disclosure of classified information, export controlled information, or information the disclosure of which is subject to economic sanctions and embargoes of the United States. You specifically agree not to publish Content through the Service the disclosure of which is subject to the International Traffic in Arms Regulations (ITAR), 22. C.F.R. §§ 120-130, or the Export Administration Regulations (EAR), 15. C.F.R. §§ 730-774, except as permitted by these regulations.

9. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS.

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. REACCH PNA and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

10. TERMINATION.

You agree that REACCH PNA, in its sole discretion, may terminate your Account and/or the Account of any other user associated with your Organization for any reason, including and without limitation, lack of use or if REACCH PNA believes that you have violated the TOS. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that REACCH PNA may immediately deactivate or delete your Content and all related information. You agree that REACCH PNA shall not be liable to you or any third-party for any termination of your access to the Service.

11. LINKS.

For your convenience, this site may contain links to web sites operated by others. These sites are not maintained or controlled by us, and we are not responsible for their content. Although we have made an effort to link only to appropriate sites, some may contain inaccurate or unfounded material. You acknowledge and agree that REACCH PNA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of, or reliance on, such links.

12. CONTENT.

REACCH PNA claims no ownership or control over any Content contributed by users of the Service. Except as provided under Section 16, REACCH PNA disclaims any obligation for monitoring and/or enforcement of any license associated with Content contributed by a user of the Service. By posting any Content, you represent that you have the Organizational authority, as applicable, and rights necessary to contribute such Content (and for REACCH PNA to use and make available such Content) without violation of any intellectual property or other rights or any laws or regulations. However, by submitting Content to the Service, you hereby grant REACCH PNA a worldwide, non-exclusive, royalty-free, sublicense-able, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Service.

REACCH PNA supports a wide range of rights possibilities and offers the ability to mark your Content as licensed under the Creative Commons or other limited basis: http://creativecommons.org.  You, as provider and published of Content through the Service, agree that the default rights in your Content granted to all other users of the Service shall be those identified in the Creative Commons License titled Attribution-NonCommercial-ShareAlike ("Default License"), unless otherwise specified by you. You hereby grant each user of the service a license under the Default License or other license specified by you at the time of your submission of the Content.

You, as user of the Content made available through the Service, agree to adhere to the rights associated with the Content you find in REACCH PNA and agree that you will not use the Content in any manner that violates the license that governs its use.

You agree to cite REACCH PNA appropriately whenever data obtained from REACCH PNA is published in any publication, product or commercial application.

13. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. REACCH PNA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQREACCH PNAREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. REACCH PNA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO CONTENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM REACCH PNA OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY.

14. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT REACCH PNA, ITS SUPPLIERS, LICENSORS, INTEGRATORS OR CONTENT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL OR EQREACCH PNATABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES (EVEN IF REACCH PNA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR COMPUTER, TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (IV) ANY OTHER MATTER RELATING TO THE SERVICE.

15. EXCLUSIONS AND LIMITATIONS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

16. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT.

REACCH PNA respects the intellectual property of others, and we ask our users to do the same. REACCH PNA may, in appropriate circumstances and at its discretion, disable, and/or terminate the Accounts of users who may be infringers of intellectual property rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide REACCH PNA's Copyright Agent the following information:

-A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

-Identification of the copyrighted work or other intellectual property claimed to have been infringed;

-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 REACCH PNA to locate the material;

-Information reasonably sufficient to permit REACCH PNA to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

-A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other intellectual property owner, its agent, or the law; and

-A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

REACCH PNA's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Sanford Eigenbrode
Project Director – REACCH PNA
875 Perimeter Drive, MS 2339
University of Idaho
Moscow, ID 83844-3155
(208) 208-885-2972 phone
(208) 885-7760 fax
sanforde@uidaho.edu

17. NO RESALE OR OTHER TRANSFER.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service. You may not assign or otherwise transfer your Account without the prior written consent of REACCH PNA.

18. GENERAL INFORMATION.

Entire Agreement.

The TOS constitutes the entire agreement between you and REACCH PNA and governs your use of the Service, superseding any prior agreements between you and REACCH PNA with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other REACCH PNA services, affiliate services, third-party content, or third-party software.

Choice of Law and Forum.

The TOS and the relationship between you and REACCH PNA shall be governed by the laws of the State of Idaho without regard to its conflict of law provisions. You and REACCH PNA agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Latah County, Idaho.

Waiver and Severability of Terms.

The failure of REACCH PNA to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

18. VIOLATIONS.

Please report any violations of the TOS to:
Project Director, REACCH PNA
reacch@uidaho.edu