Please read the following Terms carefully before using EcoAdapt’s National Adaptation Forum website, http://NationalAdaptationForum.org (the “Web Site”). By accessing or using the Web Site, you agree to the following “Terms.” If you do not agree to any portion of these Terms, you should not access or otherwise use the Web Site. “Content” refers to any text, materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on, uploaded to, and/or downloaded from the Web Site.
EcoAdapt will make an effort to update this web page with any changes to these Terms, which is in EcoAdapt’s sole discretion, and/or to the services described in these Terms, and you are encouraged to review these Terms frequently. EcoAdapt will notify you about any significant policy changes by sending a notice to the primary email address you provided, or by placing a prominent notice on the Web Site.
Convenience and Information Only;
Acceptance of Terms By merely providing access to the Web Site, EcoAdapt does not warrant or represent that: (1) the Content is accurate, complete, up-to date or current; (2) EcoAdapt has any obligation to update any Content; (3) the Content is free from technical inaccuracies or typographical errors; (4) the Content does not infringe on the intellectual property rights of any third party; (5) the Content is free from changes caused by a third party; (6) your access to the Web Site will be free from interruptions, errors, computer viruses or other harmful components; and/or (7) any information obtained in response to questions asked through, or postings made on, the Web Site is accurate or complete. Your use of the Web Site and the services offered therein are subject to federal and Washington state law (“Applicable Law”).
Age of User
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as the Web Site is not intended for children under 13 that are unaccompanied by his or her parent or legal guardian.
Site Use and Content
You may view, copy, or print pages from the Web Site solely for personal, noncommercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Web Site without the express, prior, written consent of EcoAdapt. At any time, EcoAdapt may, without further notice, make changes to the Web Site, to these Terms, and/or to the services described in these Terms.
You agree that EcoAdapt may respond to any communication you send to it with an electronic communication, regardless of whether your original communication with EcoAdapt was an electronic communication. Any electronic communication EcoAdapt sends to you will be considered received within 2 calendar days of the date such communication is sent by computer servers utilized by EcoAdapt to the email address you provided. To the extent permissible under Applicable Law, any electronic communication you send to EcoAdapt will not be effective until EcoAdapt has had a reasonable opportunity to act on the electronic communication. You should not rely on electronic communication if you need to communicate with EcoAdapt immediately and, in no event, should your sole method of communication with EcoAdapt regarding any emergency be by electronic communication. EcoAdapt strongly suggests that you report all matters requiring immediate attention to it by calling 1-206-201-3244. EcoAdapt may require you to provide written confirmation of any verbal or electronic notice of alleged error by EcoAdapt.
A. No Warranties YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. ECOADAPT PROVIDES THE WEB SITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEB SITE, THE CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEB SITE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEB SITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEB SITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. ECOADAPT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB SITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT ECOADAPT SHALL HAVE ADEQUATE CAPACITY FOR THE WEB SITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
B. Indemnification YOU AGREE TO DEFEND, INDEMNIFY AND HOLD ECOADAPT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS, LIABILITIES, JUDGMENTS, LOSSES, DAMAGES, EXPENSES AND COSTS (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES) ASSESSED OR INCURRED BY ECOADAPT, DIRECTLY OR INDIRECTLY, WITH RESPECT TO OR ARISING OUT OF: (1) YOUR FAILURE TO COMPLY WITH THESE TERMS; (2) YOUR BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS; (3) YOUR USE OF THE RIGHTS GRANTED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY CLAIMS MADE BY ANY THIRD PARTIES; AND/OR (4) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT.
C. Limitation of Liability IN NO EVENT WILL ECOADAPT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, INCLUDING, BUT NOT LIMITED TO, ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, ANY UNAUTHORIZED ACCESS TO OR USE OF ECOADAPT’S COMPUTER SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE, AND/OR ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE AND/OR ANY SERVICE PROVIDED IN CONNECTION WITH THE WEB SITE BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS ECOADAPT’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Third Party Content
EcoAdapt may provide hyperlinks to other web sites maintained by third parties, or it may provide third party content on the Web Site by framing or other methods. The links to third party web sites are provided for your convenience and information only. The content on any linked web site is not under EcoAdapt’s control and it is not responsible for the content of linked web sites, including any further links contained in a third party web site. If you decide to access any of the third party web sites linked to the web site, you do so entirely at your own risk.
Copyright and Trademarks
Unless otherwise indicated, the trademarks, service marks and logos used and displayed on the Web Site are EcoAdapt’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. EcoAdapt is the copyright owner or authorized licensee of all text and all graphics contained on the Web Site. All EcoAdapt trademarks and service marks that may be referred to on the Web Site are the property of EcoAdapt. Other parties’ trademarks and service marks that may be referred to on the Web Site are the property of their respective owners. Nothing on the Web Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EcoAdapt’s trademarks or service marks without EcoAdapt’s prior written permission. EcoAdapt enforces its intellectual property rights. Neither the name of EcoAdapt nor any of EcoAdapt’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Web Site or otherwise, without EcoAdapt’s prior written permission. If you believe that any Content on the Web Site violates any intellectual property right of yours, please contact EcoAdapt at the address, email address or telephone number set forth at the bottom of these Terms.
EcoAdapt reserves the right to terminate your user account at any time and for any reason. You have the right to terminate your user account by writing to EcoAdapt at the address provided at the end of these Terms or by sending an email to info@NationalAdaptationForum.org.
EcoAdapt makes no representation that Content or materials in the Web Site are appropriate or available for use in jurisdictions outside the United States. Access to the Web Site from jurisdictions where such access is illegal is prohibited. If you choose to access the Web Site from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. EcoAdapt is not responsible for any violation of law. You may not use or export the Content or materials in the Web Site in violation of U.S. export laws and regulations. You agree that the Web Site, these Terms and the Online Service shall be interpreted and governed in accordance with federal law and, to the extent not preempted by federal law, with Washington state law. The Web Site shall be deemed a passive website and service that does not give rise to personal jurisdiction over EcoAdapt, either specific or general, in jurisdictions other than the states covered by the preceding sentence. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts in the state of Washington and for the county of Kitsap County, Washington. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
The law applicable to the interpretation and construction of these Terms and Conditions and any transaction (including purchases made on this Web Site) using or related to the Web Site, shall be the Federal Arbitration Act, applicable federal laws and the laws of the State of Washington, USA, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.
By using this Web Site, you unconditionally agree that any dispute or claim arising out of these Terms and Conditions, any resulting or related transaction, the relationship of the parties, or your use of this Web Site shall be decided by neutral, exclusive and binding arbitration in Kitsap County, Washington, USA. Provided, however, that nothing herein shall require arbitration of any claim or charge which, by law, cannot be the subject of a compulsory arbitration agreement.
The arbitration shall be administered by the American Arbitration Association (“AAA”) under its rules. Any arbitration proceeding brought under these Terms shall be conducted before one arbitrator. The arbitrator shall be selected in accordance with the AAA Rules. Each party to any dispute shall pay its own expenses and fees, including attorneys’ fees. Subject to whatever limitations, if any, exist in the applicable law on such remedies the arbitrator will be empowered to award either party any remedy at law or in equity that the party would otherwise have been entitled to had the matter been litigated in court, including, but not limited to injunctive relief, costs and attorney fees; provided, however, that the arbitrator is not empowered to award punitive or exemplary damages, and the parties waive any right to recover any such damages to the greatest extent permitted by law. The arbitrator shall issue a decision or award in writing, stating the essential findings of fact and conclusions of law.
Either party may appear telephonically at the arbitration hearing. The award of the arbitrator may be enforced in any court of competent jurisdiction located in the State of Washington, USA. In the event that the arbitration clause is deemed void or inapplicable, each party expressly consents to and submits to the personal jurisdiction of the federal or state court(s) of Kitsap County, Washington, USA. Any arbitration proceedings, decision or award rendered hereunder, and the validity, effect and interpretation of this arbitration provision, shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA OR JAMS RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR ECOADAPT WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
If any provision of these Terms 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, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EcoAdapt’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are the entire agreement between you and EcoAdapt with respect to your use of the Web Site and supersede any and all prior communications and prior agreements, whether written or oral, between you and EcoAdapt regarding the Web Site.
If you have additional questions or comments of any kind, or if you see anything on the Web Site that you think is inappropriate, please let us know by email info@NationalAdaptationForum.org or by sending your comments to:
EcoAdapt / National Adaptation Forum
PO Box 11159
Bainbridge Island, WA 98110
Attn: Eric Mielbrecht
EFFECTIVE AS OF: 27 January 2020
LAST UPDATED: 27 Januaray 2020
Disclosure of Personal and/or Account Information
EcoAdapt is committed to safeguarding your online privacy with respect to the personally identifiable information that EcoAdapt may obtain from you at its Web Site. These Terms answer questions about your online privacy, including what personally identifiable information EcoAdapt may obtain from you and how it will be used and protected.
What personally identifiable information does EcoAdapt obtain from you? When does EcoAdapt obtain such information?
If, upon visiting the Web Site, your use is limited to browsing the informational Content, EcoAdapt will not require that you provide EcoAdapt with any personally identifiable information. However, EcoAdapt may request personal information from you at other times. For example: (1) If you enroll for the National Adaptation Forum through the Web Site, EcoAdapt may ask that you provide certain personal information, or (2) If you provide EcoAdapt with presentation materials for the National Adaptation Forum using the online upload platform, EcoAdapt will ask that you provide it with your name, affiliation, e-mail address, phone number, address.
How does EcoAdapt protect the security and quality of your personal information?
Unfortunately, notwithstanding any of security steps taken by EcoAdapt, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while EcoAdapt takes reasonable steps to protect your personal information, it cannot and does not warrant the security or integrity of any information you transmit to it when registering for the National Adaptation Forum or otherwise. All such transmission of information is at your own risk.
How does EcoAdapt use your information?
EcoAdapt’s primary use of your information is to administer, maintain, and improve your experience on the Web Site. EcoAdapt uses your financial information (e.g., your credit card number) only to verify your credit and to bill you for the registration to the National Adaptation Forum. EcoAdapt uses your contact information as necessary to send you information about the National Adaptation Forum and/or updates to these Terms.
Can you “opt-out” of receiving communications from EcoAdapt?
If you change your mind and decide that you no longer want to receive e-mail newsletters, you may opt-out at any time by simply sending an e-mail request to info@NationalAdaptationForum.org. Similarly, if you are not receiving EcoAdapt’s promotional e-mails and wish to receive these materials, you may opt-in at any time by simply sending an e-mail request to info@NationalAdaptationForum.org.
Privacy Policies of EcoAdapt’s Partners
Third parties that have links on the Web Site may collect personally identifiable information about you. EcoAdapt is not responsible for the privacy policies or practices of such sites and the practices of these sites are not governed by these Terms. If you have questions about the privacy policies or practices of a third party site, you should contact the site administrator of the specific site.
How can you update, correct, or delete your personally identifiable information?
EFFECTIVE AS OF: 27 January 2020
LAST UPDATED: 27 January 2020