Last Updated: January 3, 2018
PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
This website, located at https://www.arizonaee.org and all of its subpages (“Website”), is provided by the Arizona Association for Environmental Education (“AAEE” or “we”).
THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.
We recommend that you review this document in its entirety before accessing, using or buying any product or service through the Website. If you do not agree to all of the terms of this Agreement, please do not use, or purchase any products through, the Website.
Questions? Contact us at email@example.com.
Website Ownership and Content
The Website contains materials about AAEE’s products and services such as text, images, button icons, pictures, URLs, and the overall arrangement or “look and feel” of such materials, as well as trademarks, logos, and service marks (collectively the “Content”) that unless otherwise indicated, are owned, controlled, and/or licensed by AAEE or its licensors. The Content and the Website are the property of AAEE or certain other third parties and protected by copyright, trademark, trade dress, patent or other intellectual property rights and laws. You must not violate or infringe any of our intellectual property, including any copyright or trademark. Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies. AAEE may immediately and, without any notice to you, suspend or terminate the availability of the Website or Content without any liability to you. You agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited.
You may choose to enroll as a member (“Member”) on the Website, which may provide you with access to additional areas of the Website. Please provide accurate information when you enroll and update your information as it changes. We may terminate or suspend this Agreement, your password, account or use of the Website, and remove and discard any of your User Generated Content in our sole discretion, effective immediately and without prior notice, for any reason, including, without limitation, failure to provide accurate data when you register for the Website or if AAEE believes that you have violated this Agreement. You may terminate your membership by deleting your account on the Website.
User Generated Content
Some areas of the Website allow you to provide content or join the website as a member. By posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information (collectively, “User Generated Content”) on the Website or other AAEE-sponsored forums, blogs, or other communities, you grant AAEE a perpetual, unrestricted, unlimited, irrevocable, worldwide right and license to use, copy, redistribute, resell, and transmit any portion of such User Generated Content. You further represent and warrant that you are the sole author and owner of such content.
In addition, you give AAEE the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf. Your User Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or be used for commercial gain. AAEE has the right but not the obligation, in its sole discretion, to remove, reject, refuse to post, modify or edit User Generated Content, but does not regularly review User Generated Content. AAEE takes no responsibility and assumes no liability for any User Generated Content.
If you and AAEE are not able to resolve such a Dispute, we each agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you. Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the arbitration demand. We will pay the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the Maricopa County Superior Court or the United States District Court for the District of Arizona: (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.
Purchasing Products and Services on our Website
The Website may give you the option to purchase products or services, such as registration for conferences. All transactions made through the Website are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party. Payment must be received by AAEE prior to AAEE’s acceptance of an order, unless otherwise agreed by AAEE. AAEE may cancel or limit an order any time after it has been placed. If payment has already been made and your order is cancelled or limited, AAEE will refund any payment you made for the product or service that will not be provided due to cancellation or limitation of an order in the same tender as the original purchase. AAEE expressly conditions its acceptance of your order on your agreement to this Agreement. By purchasing products or services through the Website, you agree to provide only true, accurate, current, and complete information and you certify that any email account you provide to AAEE is registered to you. AAEE reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on and outside of the Website without incurring any obligation to you.
All AAEE products are subject to sales tax which will be applied to your order total. AAEE is required to collect applicable state and local sales tax on orders shipped to certain states, and your final order will include the appropriate state and local taxes. You are responsible for paying applicable shipping costs for purchases made on the Website. AAEE does not guarantee specific arrival dates or times.
Notice and Takedown Procedures
If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to AAEE by providing the following information: A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed; identification or description of the copyrighted work or other intellectual property that you claim has been infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent); identification or description of where the material that you claim is infringing is located on the Website, with enough detail that AAEE may find it on the Website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Disclaimer of Warranties and Limitation of Liability
Links to Other Websites
This Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties. The inclusion of any link on the Website does not imply our endorsement of it, and AAEE expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites. AAEE shall not be responsible or liable for any loss or damage caused by the use of or reliance on any such material or products available on or through any such website.
Electronic Signatures and Agreements
You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein. You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract. You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE OR SERVICES OFFERED BY AAEE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
This Agreement constitutes the entire agreement between you and AAEE and supersedes any prior version of this Agreement. If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be affected thereby and shall continue in full force and effect. AAEE reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them. Except as expressly set forth in this Agreement, no failure or delay by you or AAEE to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy.