NCED Terms of Use

By using the NCED web portal, you ("You") accept and agree to be bound by the these terms and conditions ("Terms of Use"), in addition to any terms of use or terms of service specifically incorporated in these Terms of Use as provided section 1.4 below. It is important for You to read these Terms of Use and any documents incorporated herein as they form a legal agreement between You and NCED regarding Your use of the NCED web portal.

1. NCED.

1.1 Description of NCED. The NCED allows You to record, track, map, search, report and/or manage information on conservation easements across the landscape subject to the limitations and conditions described below. The information accessible through NCED, not limited to map information, is referred to in this document as "the Content." Subject to the limitations and conditions described in these Terms of Use, You may use NCED to record, track, map, search, report and/or manage information on conservation easements. You may not access, reproduce, or use the Content for any other purpose.

1.2 Access to the NCED. Content in the NCED includes data and location information (via a mapping tool) and User Submissions as defined below on conservation easements across the landscape. Your use of this Content is limited to private, non-commercial use, and in the same manner, form, format, and appearance as it is provided by the NCED. You may not, nor may You allow others to, copy, distribute, display, alter, or otherwise use the Content except as it is provided to You through the NCED. NCED reserves the sole right and discretion to determine whether Your use of the NCED is in conformance with this Section, and also reserves the right to terminate or suspend Your access to the NCED at any time for any reason, without notice.

1.3 Modifications. NCED reserves the right to release subsequent versions of NCED. NCED may modify these Terms of Use at any time with or without notice, and You can review the most current version of these Terms of Use online at any time at http://conservationregistry.org/terms_of_usage. If You continue to use NCED, You will be deemed to have accepted the modifications.

1.4 Appropriate Conduct and Prohibited Uses. NCED grants You permission to use the Website as set forth in these Terms of Use, provided that: (i) Your use of NCED as permitted is solely for Your noncommercial use; (ii) You will not alter or modify any part of NCED or the Website housing NCED other than as may be reasonably necessary to use NCED for its intended purpose; and (iii) You will otherwise comply with the terms and conditions of these Terms of Use. In addition, because NCED makes use of software provided by third parties, You are required to comply with all of the terms of service and/or use to which NCED is subject as a result of such use. Those documents, which are expressly incorporated herein by reference, may be found at the following addresses: http://www.salesforce.com/company/msa.jsp; http://www.google.com/accounts/TOS; http://maps.google.com/help/terms_maps.html; and http://code.google.com/apis/maps/terms.html. You agree that You are responsible for Your own conduct and content while using NCED and for any consequences thereof. You agree to use NCED only for purposes that are legal, proper and in accordance with these Terms of Use and any applicable policies or guidelines. By way of example, and not as a limitation, You agree that when using NCED, You will not:

2. Proprietary Rights.

For purposes of these Terms of Use, "Intellectual Property Rights" shall mean any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. As between You and NCED, You acknowledge that NCED or its licensors own all right, title and interest, including without limitation all Intellectual Property Rights, in and to NCED and that You shall not acquire any right, title, or interest in or to NCED, except as expressly set forth in these Terms of Use.

3. User Submissions

  1. NCED permits registered users to submit information about conservation projects. Any user can search and report on data in NCED. Information You or others submit to NCED are referred to herein as "User Submissions". NCED may now or in the future enable the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, NCED does not guarantee any confidentiality with respect to any User Submissions.
  2. You shall be solely responsible for Your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, You affirm, represent, and/or warrant that You own or have the necessary licenses, rights, consents, and permissions to use and authorize NCED to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by NCED and these Terms of Use. By submitting User Submissions to NCED, You hereby grant NCED a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with NCED and NCED’s (and its successor’s) activities, including without limitation for promoting and redistributing part or all of NCED (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of NCED a non-exclusive license to access Your User Submissions through NCED, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of NCED and under these Terms of Use.
  3. In connection with User Submissions, You agree that You will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to post the material and to grant NCED all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NCED or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. NCED does not endorse any User Submission or any opinion expressed therein, and NCED expressly disclaims any and all liability in connection with User Submissions. NCED does not permit copyright infringing activities and infringement of intellectual property rights on its Registry, and NCED will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. NCED reserves the right to remove Content and User Submissions without prior notice. A repeat infringer is a user of NCED who has been notified of infringing activity more than twice and/or has had a User Submission removed from NCED more than twice. NCED also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. NCED may remove such User Submissions and/or terminate a User’s ability to upload such material at any time, without prior notice and at its sole discretion.
  4. If You are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    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 at a single online site are covered by a single notification, a representative list of such works at that site;
    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 the service provider to locate the material;
    4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an email address;
    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; and
    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.

NCED’s designated Copyright Agent to receive notifications of claimed infringement is Robert G. Dreher, General Counsel of NCED. Notifications of claimed infringement should be sent to Mr. Dreher at NCED, 1130 17th St., N.W., Washington, D.C. 20036, or by email to . For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Kassandra Kelly, Project Manager at or by mail to: The Conservation Registry, c/o NCED, Northwest Office, 1880 Willamette Falls Drive, Suite 200, West Linn, OR 97068. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

4. PRIVACY POLICY.

NCED’s collection and use of personal information is governed by the Conservation Registry privacy policy, available at http://conservationregistry.org/privacy_policy; Any conflict between these Terms of Use and the Privacy Policy shall be resolved in favor of these Terms of Use.

5. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF NCED IS AT YOUR SOLE RISK. NCED IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NCED AND ITS LICENSORS EXPRESSLY DISCLAIM 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.
  2. NCED AND ITS LICENSORS MAKE NO WARRANTY THAT (i) NCED WILL MEET YOUR REQUIREMENTS, (ii) NCED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NCED WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH NCED WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH NCED IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR RECEIPT OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCED OR THROUGH OR FROM NCED OR ANY WEBSITE OPERATED BY NCED SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

6. LIMITATION OF LIABILITY.

IN NO EVENT SHALL NCED, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR MISLEADING CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF NCED, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF NCED’S SERVERS AND/OR ANY AND ALL PERSONALLY IDENTIFIABLE INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM NCED’S WEBSITES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH NCED’S WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA NCED, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NCED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NCED SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NCED is controlled and offered by NCED from its facilities in the United States of America. NCED makes no representations that NCED is appropriate or available for use in other locations. Those who access or use NCED from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnity.

You agree to defend, indemnify and hold harmless NCED, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access to NCED; (ii) Your violation of any term of these Terms of Use; (iii) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that content submitted by You damaged a third party. This defense and indemnification obligation will survive these Terms of Use and Your use of NCED.

8. Termination.

NCED may change, suspend or discontinue any or all aspects of NCED, including their availability, at any time, and may suspend or terminate Your use of NCED at any time. This includes, without limitation, the right to set, at NCED’s own discretion and at any time, a maximum number of data, maps, reports or other Content You may access through NCED without NCED’s prior written consent.

9. General.

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by NCED without restriction. You agree that: (i) NCED shall be deemed solely based in Washington, DC; and (ii) NCED shall be deemed a passive website that does not give rise to personal jurisdiction over NCED, either specific or general, in jurisdictions other than Washington, DC. These Terms of Use shall be governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. Any claim or dispute between You and NCED that arises in whole or in part from NCED shall be decided exclusively by a court of competent jurisdiction located in the District of Columbia. These Terms of Use, together with the Privacy Policy at http://conservationregistry.org/privacy_policy, the terms of use and service noted in section 1.4 above and any other legal notices published by NCED on NCED, shall constitute the entire agreement between You and NCED concerning NCED. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and NCED’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. NCED reserves the right to amend these Terms of Use at any time and without notice, and it is Your responsibility to review these Terms of Use for any changes. Your use of NCED following any amendment of these Terms of Use will signify Your assent to and acceptance of its revised terms. YOU AND NCED AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO NCED MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

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