Terms of Service

Last Updated: January 1, 2023

Welcome, and thank you for your interest in the River Otter Ecology Project (“ROEP,” “we,” or “us”) and our website. These Terms of Service are a legally binding contract between you and the ROEP regarding your use of this site.

PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING OUR SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE ROEP’s PRIVACY POLICY (TOGETHER, THE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use our site.

1.  About Us: The ROEP is an independent, privately funded 501(c)(3) non-profit organization that provides research and promotes an active local community through education. Our site contains information regarding research, giving opportunities, volunteer and educational programs, event information, community programs, and other watershed-related resources. Through the site, you may access certain services we may offer from time to time, such as signing up for such programs, donating to our organization, and signing up to receive emails from us.

2. Eligibility: You must be at least 16 years of age to use the Sites. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 16 years of age; (b) you have not previously been suspended or removed from the site; and (c) your registration and your use of the site is in compliance with all applicable laws and regulations. If you are using the site on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that organization to these Terms and you agree to be bound by these Terms on behalf of that organization.

3. Accounts and Registration: To access certain features of the site, you must register using personal information. For example, you must register your information when you make donations, sign up for educational programs, or sign up to become a volunteer and attend an orientation. When you register, you may be required to provide us with some information about yourself, such as your email address or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times.

4. Donations: You may donate to the ROEP by using the “Donate” link on the site. ALL DONATIONS ARE FINAL AND NONREFUNDABLE UNLESS THE ROEP DETERMINES, AT ITS SOLE DISCRETION, THAT A REFUND IS APPROPRIATE.

4.1 Use of Third Party Donation Processors: Please note that when making a donation via the site, you exit the site and enter the site of a third party donation processor, such as Authorize.net, PayPal or a like provider. All donation payment transactions are handled directly by such third party donation processor, and not by theROEP. Such third party donation processor may have independent terms of service and privacy policy which you will be subject to when making a donation using such third party donation processor’s service, and we encourage you to review all such terms prior to making any donation.

4.2 Recurring Donations: If you set up recurring donations, you authorize us to continue to charge your credit card or PayPal account on a monthly basis. YOU MAY PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS BY CONTACTING US. UPON YOUR PROVIDING NOTICE TO THE ROEP TO TERMINATE RECURRING DONATIONS, THE ROEP WILL USE REASONABLE EFFORTS TO UPDATE YOUR DONATION PREFERENCES PROMPTLY. IF YOU PROVIDE US NOTICE TO TERMINATE RECURRING DONATIONS LESS THAN 10 DAYS PRIOR TO A SCHEDULED MONTHLY CHARGE, WE MAY NOT BE ABLE TO CANCEL THE MONTHLY CHARGE UNTIL THE NEXT MONTHLY CYCLE.

4.3 Telephone Calls: You consent to receive calls from us and our service providers, on our behalf, at any telephone number that you have provided to us or that we have otherwise obtained to (i) notify you regarding your account; (ii) contact you about previous or future donations; (iii) resolve a dispute; or (iv) otherwise provide our services or enforce these Terms.  You are not required to provide your consent to these calls as a condition of purchase on the Site.  Standard telephone minute charges may apply.  We may, without further notice or warning and in our discretion, monitor or record telephone conversations we or our service providers have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights.

5. Digital Millennium Copyright Act: We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the site, you may contact us.  Any notice alleging that materials hosted by or distributed through the site infringe intellectual property rights must include: a detailed description of the claim of infringement, location of the allegedly infringing content, the basis for the claim of infringement, and your contact information.

6. Prohibited Conduct: BY USING THE SITE YOU AGREE NOT TO:

• use the site for any illegal purpose or in violation of any local, state, national, or international law;
• violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
• interfere with security-related features of the site, including by: (a) disabling or circumventing features that prevent or limit use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the site except to the extent that the activity is expressly permitted by applicable law;
• interfere with the operation of the site or any user’s enjoyment of the site, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the site; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the site, or violating any regulation, policy, or procedure of any such network, equipment, or server;
• perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or falsifying your age or date of birth;
• sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Material;

7. Third Party Services and Linked Websites: The ROEP may provide tools through the Sites that enable you to export information, to third party services, including through features that allow you to link information from the site with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). The ROEP may also contract with third party service providers to provide or support certain aspects of the site, including storing and managing your personal information when you make a donation, register as a volunteer or foster, or sign up to receive e-marketing. By using one of these tools, you agree that we may transfer that information to the applicable third party service. Third party services are not under our control, and we are not responsible for any third party service’s use of your exported information. The Sites may also contain links to third party websites. Linked websites are not under our control, and we are not responsible for their content.

8. Privacy Policy; Additional Terms 

8.1 Privacy Policy: Please read the ROEP Privacy Policy carefully for information relating to our collection, use, storage and disclosure of your personal information. The ROEP Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

8.2 Additional Terms: Your use of the site is subject to all additional terms, policies, rules, or guidelines applicable to the site or certain features of the site that we may post on or link to from the site (the “Additional Terms”), such as end-user license agreements for any downloadable software applications, or rules that are applicable to a particular feature or content on the site. All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

9. Modification of these Terms: We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.

10. Ownership; Proprietary Rights: The site is owned and operated by the ROEP. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Sites (“Materials”) provided by the ROEP are protected by intellectual property and other laws. All Materials included in the site are the property of the ROEP or our third party licensors. Except as expressly authorized by the ROEP, you may not make use of the Materials. The ROEP reserves all rights to the Materials not granted expressly in these Terms. Nothing contained in these Terms shall grant or shall be deemed to grant to you any right, title or interest in or to the ROEP’s trademarks, trade names, or service marks (“ROEP Marks”), all of which are retained exclusively by the ROEP, including all intellectual property rights therein and goodwill with respect thereto.

11. No Implied Endorsements.In no event shall any reference in this site to any third party or third party product or service be construed as an approval or endorsement by the ROEP of that third party or of any product or service provided by a third party. Likewise, a link to any non-ROEP website does not imply that we endorse or accept any responsibility for the content or use of such a website.

12. Feedback: If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the site (“Feedback”), then you hereby grant the ROEP an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the site and create other products and services.

13. Indemnity: You are responsible for your use of the site, and you will defend and indemnify the ROEP and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “ROEP Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with: (a) your access to, use of, or alleged use of, the site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

14. Disclaimers; No Warranties

THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ROEP ENTITIES DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITES, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE ROEP ENTITIES DO NOT WARRANT THAT THE SITES OR ANY PORTION OF THE SITES, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITES, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES WILL CREATE ANY WARRANTY REGARDING ANY OF THE ROEP ENTITIES OR THE SITES THAT IS NOT EXPRESSLY STATED IN THESE TERMS. THE CONTENT ON THE SITES IS PROVIDED FOR INFORMATIONAL PURPOSES AND DO NOT CONSTITUTE LEGAL OR TAX ADVICE FROM THE ROEP ENTITIES. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES, YOUR DEALING WITH ANY OTHER SITE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITES. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITES AND ANY ASSOCIATED SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

15. Limitation of Liability

IN NO EVENT WILL THE ROEP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY ROEP ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

THE AGGREGATE LIABILITY OF THE ROEP ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO $100.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN YOU AND THE ROEP UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THE ROEP. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16. Governing Law: These Terms are governed by the laws of the State of California without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, then you and the ROEP agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Santa Cruz County, California for the purpose of litigating any dispute. We operate the site from our offices in California, and we make no representation that Materials included in the site are appropriate or available for use in other locations.

17. Dispute Resolution and Arbitration: With respect to any and all disputes arising out of or in connection with this site or these Terms (including without limitation our Privacy Policy), the ROEP and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. You agree that the ROEP is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these Terms.

18. Generally: Any dispute between you and the ROEP with respect to these Terms that cannot be resolved by amicable discussion (including any question regarding its existence, validity or termination, or the application of the requirement to arbitrate claims), shall be resolved through binding arbitration in Santa Cruz, California, conducted in the English language in front of a single arbitrator in accordance with the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the ROEP.

19. No Class Actions: YOU AND THE ROEP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the ROEP agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

20. Enforceability: If Section 19 is found to be unenforceable or if the entirety of this Section 19 is found to be unenforceable, then the entirety of this Section 19 will be null and void and, in that case, you and the ROEP agree that the exclusive jurisdiction and venue described in Section 18 will govern any action arising out of or related to these Terms.

21. General: These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the ROEP regarding your use of the site. Except as expressly permitted above, these Terms may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. Upon termination of these Terms, Sections 2, and 4 through 21, along with the Privacy Policy and any other accompanying agreements, will survive.

22. Consent to Electronic Communications: By using the site, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

23. Contact Information: The site is offered by The River Otter Ecology Project, located at PO Box 103, Forest Knolls,  CA 94933. You may contact us by sending correspondence to that address or by emailing us.