Effective Date: November 1, 2006.
1. Description of Service
CANFIT, a project of Tides Center is providing Visitor with information pertaining to the services provided by and activities of Tides.
2. Limitation of Liability
TIDES SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR TIDES SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF TIDES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Visitor agrees to indemnify and hold Tides, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Visitor’s use of the Service, the violation of this Agreement, or infringement by Visitor, or other user of the Service using Visitor’s computer, of any intellectual property or any other right of any person or entity.
4. Modifications and Interruption to Service
Tides reserves the right to modify or discontinue the Service with or without notice to the Visitor. Tides shall not be liable to Visitor or any third party should Tides exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Tides does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
5. Third-Party Sites
6. Governing Jurisdiction of the Courts of California
7. Compliance with Laws
Visitor assumes all knowledge of applicable laws and is responsible for compliance with any such laws. Visitor may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Visitor further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
8. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 CANFIT, Project of Tides Center, with all rights reserved, or is the property of CANFIT and/or third parties protected by intellectual property rights. You are hereby authorized to view, download, print and distribute individual pages from this Site subject to the following conditions:
* The copyrighted materials on this Site may be used for informational purposes only.
* Except as specifically authorized by CANFIT, project of Tides Center, the copyrighted materials on this Site may only be used for non-commercial, personal purposes.
* Any copy or distribution of the copyrighted materials on this Site, or portion thereof, must include this copyright notice, and all other copyright and other proprietary notice contained on the materials.
* Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19. Export of any information herein may be restricted and may require export licenses under applicable federal statutes.
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Tides is strictly prohibited. Visitors agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of CANFIT.
9. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Tides designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Attn: IT Director
P.O. Box 29198
San Francisco, CA 94129
10. Other Terms