Agreement between User and FindASpring.com
Welcome to FindASpring.Com. The FindASpring.Com website (the “Site”) is comprised of various web pages operated by Find A Spring (“Find A Spring”). FindASpring.Com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of FindASpring.Com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
FindASpring.Com is a Forum/Online discussion Site.
Find A Spring is a database of cold and hot springs created and maintained for the purpose of public benefit.
REVISIONS:
**Terms of Use**
**Section 1: Acceptance of Terms**
This Agreement is between you (“User”) and FindASpring.com (“Company”). By accessing and using the website FindASpring.com (the “Website”), which is owned and operated by the Company, you acknowledge and consent to these Terms of Use. The Website is available to you on the condition that you accept these terms, conditions, and notices (collectively, the “Terms”) without any modification on your part. Your engagement with the Website, inclusive of but not limited to visiting or browsing, establishes a contractual agreement adherent to these Terms. You are advised to review the Terms diligently and retain a copy for your records.
**Section 2: Nature of the Website**
FindASpring.com serves as an interactive platform, specifically operating as a forum and online discussion site. The Company provides a curated repository of information regarding various natural springs, both thermal and non-thermal, with the intent to serve the public good. The information is gathered and disseminated to facilitate the education and enlightenment of the public regarding such natural resources.
**Disclaimer:**
The purpose of this website, Findaspring, is solely to provide information on the location of natural springs. It is important to understand that listing a spring on our site does not, in any way, imply an endorsement or recommendation to consume water from that spring.
**No Endorsement or Recommendation for Consumption:** We do not conduct or validate water safety tests. Consequently, we do not endorse or recommend drinking water from any spring listed on this site. Any decision to consume water from these springs is made independently by the user, without any validation or approval from us.
**Assumption of Risk and Responsibility:** By using this website, you acknowledge and agree that you are fully responsible for any risks associated with visiting the spring and consuming water from any spring listed here. You agree to independently verify the safety of such water before consumption. The publishers, authors, webmasters, administrators, and maintainers of Findaspring shall not be held liable for any damages or adverse effects resulting from the consumption of water sourced from this website.
**Informational and Educational Use Only:** The content provided on Findaspring, including but not limited to emails, RSS feeds, products, e-books, e-courses, and links to other sites (collectively referred to as “Site Content”), is intended purely for informational and educational purposes. The information provided here is not intended to diagnose, treat, cure, or prevent any disease.
By continuing to use this website, you acknowledge having read and understood this disclaimer and agree to its terms.
The information presented on this website is provided “as is” solely for informational purposes. It may include content that lies outside the scope of standard, recognized medical practices. By accessing and using the information on this site, you acknowledge and accept all risks associated with its use or misuse. None of the content creators, officers of Find A Spring, or site collaborators who contribute spring information, and all other individuals or entities involved in the creation, distribution, or upkeep of this website and its content, shall not be liable for any damages resulting from the use, misuse, or non-use of the site and its information. Your continued use of the website’s content signifies your acceptance of these terms.
Moreover, the publishers, owners, and maintenance personnel of this site are not accountable for content provided or authored by external contributors.
Privacy
Your use of FindASpring.Com is subject to Find A Spring’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting FindASpring.Com or sending emails to Find A Spring constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Find A Spring is not responsible for third party access to your account that results from theft or misappropriation of your account. Find A Spring and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
**Children Under Thirteen**
Find A Spring does not deliberately gather personal information from individuals under thirteen years old, either through online or offline channels. If you are below 18 years of age, usage of FindASpring.Com is permitted only with the consent of a parent or guardian.
**Links to External Websites and Third-Party Services**
FindASpring.Com might include hyperlinks to other external websites (“Linked Sites”). These Linked Sites are beyond Find A Spring’s purview, and therefore, Find A Spring does not bear responsibility for the content of any Linked Site. This includes, but is not limited to, any links within these sites, or any modifications or updates they may undergo. The provision of these links on FindASpring.Com is a matter of convenience and does not signify Find A Spring’s endorsement of these sites or any affiliation with their operators.
**Third-Party Services and Products**
Various services accessible through FindASpring.Com are provided by external sites and organizations. By utilizing any product, service, or functionality originating from the FindASpring.Com domain, you acknowledge and agree that Find A Spring can share relevant information and data with any third party with which it has an agreement to offer the requested service, product, or functionality on behalf of FindASpring.Com’s users and clients.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use FindASpring.Com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Find A Spring that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Find A Spring or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Find A Spring content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Find A Spring and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Find A Spring or our licensors except as expressly authorized by these Terms.
Certainly, I can help redraft this section. Here’s a revised version that maintains the essence of the original content while refining the language to be more precise and legally nuanced:
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**Use of Communication Services and Prohibition of Disparaging or Hateful Content**
The Site offers various Communication Services, including bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and other message or communication facilities. These services are intended to facilitate communication either with the public at large or within specific groups. Users are required to utilize these Communication Services responsibly and in a manner consistent with the nature of the respective service.
As a user, you are obligated to ensure that your use of the Communication Services adheres to the following standards:
1. **Prohibition of Infringing Content**: You shall not engage in actions that infringe upon the legal rights of others, including rights of privacy and publicity. This includes avoiding behaviors such as defamation, abuse, harassment, stalking, and threats.
2. **Content Restrictions**: You must refrain from publishing, posting, uploading, distributing, or disseminating any content that is inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful. This includes materials that may be offensive or harmful to others.
3. **Intellectual Property Compliance**: Uploading files that violate intellectual property laws or rights of privacy and publicity is prohibited, unless you possess ownership of such rights or have obtained all necessary permissions.
4. **Software and File Restrictions**: It is forbidden to upload files that contain viruses, corrupted data, or any other harmful software or programs that might impair the functionality of another’s computer.
5. **Commercial Use Limitations**: Unless expressly permitted by a specific Communication Service, using the Services for commercial purposes, including advertising or offering goods or services, is not allowed.
6. **Compliance with Applicable Regulations**: You must comply with all relevant laws and regulations and adhere to any codes of conduct or guidelines applicable to the particular Communication Service.
While Find A Spring is under no obligation to monitor the Communication Services, it reserves the right to review, edit, or remove content posted to these services at its sole discretion. Furthermore, Find A Spring retains the right to terminate your access to the Communication Services at any time, without notice, for any reason.
No compensation will be paid with respect to the use of your Submission, as provided herein. Find A Spring is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Find A Spring’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by Find A Spring from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Find A Spring Content accessed through FindASpring.Com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Find A Spring, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Find A Spring reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Find A Spring in asserting any available defenses.
Liability Disclaimer
Drafting a liability disclaimer for a website, especially one that provides information about natural features like water springs, involves a careful consideration of legal risks and the scope of the organization’s responsibilities. Here’s a sample clause that you might consider adapting to your specific needs:
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**Liability Disclaimer**
1. **Acceptance of Terms**: By accessing and using Find-A-Spring website, you acknowledge and agree that you have read, understood, and agree to be bound by the terms of this Liability Disclaimer.
2. **Nature of Information**: Find-A-Spring provides information about natural water springs, including but not limited to, their locations, accessibility, and user-contributed content. This information is provided “as is” and for informational purposes only.
3. **No Representations or Warranties**: Find-A-Spring and its nonprofit organization, [Nonprofit Name], make no representations, warranties, or guarantees, either express or implied, regarding the accuracy, reliability, or completeness of the information provided on this website. All users access and use such information at their own risk.
4. **Non-Liability**: Find-A-Spring its officers, directors, employees, volunteers, agents, successors, and assigns shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, personal injury, death, or damage to property, arising out of or in connection with the use of Find-A-Spring or the reliance on any information provided on the site.
5. **No Endorsement**: Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Find-A-Spring .
6. **User Responsibility**: Users of Find-A-Spring are responsible for determining the suitability of the information provided for their personal use and are advised to exercise caution and common sense while visiting natural water springs. Users should comply with local laws, respect private property, and consider environmental conservation practices.
7. **Changes and Modifications**: Find-A-Spring reserves the right to change or modify this Liability Disclaimer at any time without prior notice. Your continued use of [Website Name] following any such changes constitutes your acceptance of the new terms.
8. **Governing Law**: This Liability Disclaimer shall be governed by and construed in accordance with the laws of California, without giving effect to any principles of conflicts of law.
9. **Contact Information**: For any questions or concerns regarding this Liability Disclaimer, please contact [Contact Information].
Termination/Access Restriction
Find A Spring reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Oregon and you hereby consent to the exclusive jurisdiction and venue of courts in Oregon in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.