Welcome to our website (the “Site”) – www.ourhealthyfuture.org.
1. Your Agreement With Us
By using the Site you agree to abide by this TOU. From time to time, we may supplement this TOU with additional terms pertaining to specific content (“Additional Terms”). You understand and agree that such Additional Terms are hereby incorporated by reference into this TOU. BY USING THE SITE, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH US. If you do not agree to be bound by this TOU, please discontinue your use of the Site.
We may modify this TOU at any time. We may notify you of the changes by posting the modified TOU on the Site. Your continued access and/or use of the Site following such modifications will be considered acceptance of the revised TOU. You may not amend this TOU.
If you have any questions about this TOU, or if you become aware of any misuse of the Site by any person, please contact us at:
info [at] preventharm.org
Environmental Health Strategy Center
565 Congress Street
Portland, Maine 04101
2. Site “Dos” and “Don’ts”
As a condition to access the Site you agree to strictly observe the following DOs and DON’Ts:
A. Do undertake the following:
- Provide accurate and complete information when providing information through the Site.
- Carefully consider any information you post to the site. You should avoid posting any identifiable information such as telephone numbers, street addresses, and email addresses.
- Comply with all applicable laws.
B. Don’t undertake the following:
- Share, distribute, reproduce, copy, retransmit, publish, sell, and/or exploit any Site information or content in a manner inconsistent with the Site’s underlying purpose and/or this TOU.
- Violate the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights.
- Provide or list your telephone number, street address, or last name through the Site.
- Include or provide any material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, racially offensive, inaccurate, or otherwise objectionable.
- Impersonate any other person, username, or entity, whether actual or fictitious, including impersonating an employee or consultant of Environmental Health Strategy Center.
- We reserve the right to delete any such material from the Site.
- Use an inappropriate username.
- Distribute or send any illegal material of any kind through the Site, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
- Provide content to the Site with the intention to commit any illegal activity.
- Use another person’s account without permission.
- Access the Site without authorization.
3. Violations of the Agreement and Termination
We reserve the right, at our sole discretion, to immediately and without notice or cause modify, suspend, or terminate this TOU. Following any termination or expiration, you will have no further right to access or use the Site, but the terms of this TOU will continue to apply to any obligations incurred or arising prior to its termination.
If we, in our sole discretion, determine that you have breached this TOU, we will take actions to protect the Site and/or other Site users, including but not limited to blocking your account; notifying the e-mail address associated with your account; discontinuing your registration with the Site; notifying and/or sending content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or permanently closing access to your account, username, and/or the Site.
4. Your Rights
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license and right to access and use the Site and view information on the Site. Any other use of the Site contrary to our mission and purpose is strictly prohibited and a violation of this TOU. We reserve all rights not expressly granted in this TOU.
You also agree that we or our licensors and/or licensees retain all rights in and to the Site and any elements and/or components of the Site, including but not limited to its design, layout, look, appearance, and graphics. You agree that the Site and its various elements/components are protected by copyright, trademark, and other intellectual property laws.
5. Release and Limitation of Liability
YOU HEREBY RELEASE THE ENVIRONMENTAL HEALTH STRATEGY CENTER AND ITS AFFILIATES, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, ATTORNEYS, AND THEIR PREDECESSORS, SUCCESSORS, HEIRS, EXECUTORS, ADMINISTRATORS AND ASSIGNS (“RELEASEES”), FROM ALL CLAIMS, DAMANGES, COMPLAINTS, CAUSES OF ACTION, SUITS, DEMANDS, AND EXPENSES (INCLUDING ATTORNEY’S FEES) OF ANY NATURE WHATSOEVER, BOTH AT LAW AND IN EQUITY, EXCEPT THOSE CLAIMS THAT MAY NOT BE RELEASED OR WAIVED BY LAW, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE ENVIRONMENTAL HEALTH STRATEGY CENTER OR OTHER RELEASEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OR ANY KIND, WHETHER FORSEEABLE OR NOT, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH THE USE, INABILITY TO USE, OR THE MALFUNCTION OF THE SITE OR ANY OF THE INFORMATION AND/OR CONTENT CONTAINED ON THE SITE.
You agree to defend, indemnify, and hold harmless The Environmental Health Strategy Center and its subsidiaries, affiliates, officers, directors, and employees, from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third party claim concerning your use of the Site; breach of this TOU or violation of applicable law by you or any other user of the Site using the Site with your consent; your information on the Site, including any claim involving alleged infringement or misappropriate of your information through the use, development, design, production, advertising, or marketing of your information; or a dispute between you and another user of the Site.
If any provision of this TOU is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this TOU will not be affected in any way.
B. Parental Controls
Pursuant to 47 U.S.C. Section 230(d) we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web sites of the Electronic Frontier Foundation and of America Links Up.
C. Governing Law and Forum for Legal Disputes
This TOU or any claim, cause of action, or dispute arising out of or related to this TOU shall be governed by the laws of the State of Maine regardless of where you access the Site, and notwithstanding any conflicts of laws principles. All claims arising out of or related to this TOU must be resolved exclusively by a state or federal court located in Cumberland County, Maine, except as otherwise agreed by us and you.