1. Introduction

Welcome to the Conservation Common (the "Common"), located at www.conservationcommon.org (the "Site"). This Site is published and maintained by The Trustees of Reservations' Putnam Conservation Institute ("TTOR/PCI"). Your access to and use of this Site is subject to the following terms and conditions ("Terms of Use"). When you access, browse, or use this Site, you accept, without limitation or qualification, the Terms of Use. If you do not agree with the Terms of Use, do not use this Site. For good and valuable consideration, the receipt and sufficiency of which are acknowledged, you agree to the terms and conditions set forth herein.

TTOR/PCI reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms of Use at any time, without notice or obligation. As such, please check the terms of use periodically for changes. Your continued use of this Site following the posting of changes to the Terms of Use will mean that you agree to and accept the changes.

2. Your Right to Use the Site and Site Content
   
   (a) TTOR/PCI grant you a non-exclusive, non-transferable, right to enter, display, and use this Site to view the information provided, to exchange ideas and information, and to order the products and services offered by TTOR/PCI and their partners. You agree not to affect or interrupt, or to attempt to affect or interrupt the operation of this Site in any manner. All rights not expressly granted to you in these Terms of Use are reserved by TTOR/PCI and their licensors.
   
   (b) Unless otherwise stated, this Site and the content provided in this Site ("Site Content"), including, but not limited to, the text and images contained on the Site and their arrangement are the copyrighted property of TTOR/PCI and/or third party licensors. (Please note that while the terms Site and Site Content may appear in the Terms of Use together, when either term appears in the Terms of Use without the other, either term shall mean both Site and Site Content.) All trademarks, service marks, and trade names are proprietary and the property of their respective owners including, but not limited to, the trademarks TTOR/PCI, and the TTOR/PCI proprietary logo.
   
   (c) Unless otherwise set forth in these Terms of Use, or on the Site, no portion of this Site, including text, images, audio, video or data may be copied, reproduced, republished, transmitted, uploaded, posted or distributed in any way without the prior written consent of TTOR/PCI, except that you may download, display, and print copies of the Site Content for non-commercial purposes only, provided that (i) you keep intact all copyright, trademark, and other proprietary notices, (ii) you make no modifications whatsoever to the materials, and (iii) no fees of any kind are charged for such Site Content.
   
   (d) We may change, suspend, or discontinue any aspect of the Site at any time, including the availability of any Site feature, or Content. We may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability.

1. Use of the Common
   
   If you contribute to the Common in any way you must follow a few simple rules:
   
   (a) You may not contribute content under a false name or a false e-mail address. If you wish to contribute content anonymously, contact TTOR/PCI (pci@ttor.org) to discuss possible options.
   
   (b) You may not contribute material or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law or that constitutes hate speech.
   
   (c) You may only contribute materials that are in the public domain, are "copylefted" (or "open source"), or for which you have the copyright or other permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. When contributing any material from another source, you must obtain all necessary permissions from the author or publisher of the material prior to contributing and include all required copyright notices as well as clear and conspicuous attribution to such third party source. By contributing to the Common, you represent and warrant that you have the right to do so and to grant to TTOR/PCI the rights granted hereunder.
   
   (d) You may not contribute any software or other material which contains a virus or other harmful code or device. You may not use the Common to distribute chain letters, mass mailings or "spam" or to gather e-mail addresses for the purpose of sending "spam" to other users of the Service.
   
   (e) By contributing material on or through the Common, you grant TTOR/PCI a non-exclusive, worldwide, perpetual, royalty-free, transferable, license to use, copy, sublicense, modify, transmit, publicly perform or display that material in all forms and media, now known or hereafter developed in all languages, and your name and location (city, state and/or country), if you provide that information to us, in connection with that material. You waive your rights to have your name attributed to (or removed from) the material you contribute, and your rights to control how TTOR/PCI edit such material. (Note that these rights are generally referred to as "moral rights").
   
   (f) You acknowledge that TTOR/PCI have the right to delete, edit, or move material that it deems, in its sole discretion, to be in violation of these Terms of Use, or which it otherwise, in its sole discretion, considers to be objectionable.
   
   
2. Purchases
   
   (a) The Site may allow you to purchase products, supplied by TTOR/PCI and their independent partners ("Partners"). TTOR/PCI reserve the right to modify the price of any Products or services offered. TTOR/PCI are not responsible for any error in copy or images relating to Products or services.
   
   (b) ALL ORDERS ARE SUBJECT TO AVAILABILITY. TTOR/PCI EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF TTOR/PCI AND ANY PARTNER, OR THIRD PARTY VENDOR, THE PRODUCTS OFFERED BY TTOR/PCI OR ITS PARTNERS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS TO OR INABILITY TO PURCHASE PRODUCTS OR SERVICES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE PRODUCTS OR ANY SERVICES PROVIDED HEREUNDER. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM YOU MAY HAVE AGAINST TTOR/PCI RESULTING FROM YOUR USE OF THE PRODUCTS.



3. Disclaimer of Warranties and Damages; Limitation of Liability
   
   (a) YOUR USE OF THIS SITE IS AT YOUR OWN RISK AND ANY INFORMATION, AND/OR MATERIALS OR MERCHANDISE OF ANY KIND THAT YOU OBTAIN BY USE OF THIS SITE IS OBTAINED AT YOUR OWN RISK. THIS SITE, THE SITE CONTENT, AND ANY AND ALL PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE ARE PROVIDED "AS IS," WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF ANY CONTENT PUBLISHED ON OR AVAILABLE THROUGH THIS SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
   
   (b) Links to or from this Site ("Linked Sites") may exist, and we encourage appropriate linking. No judgment or warranty is made by TTOR/PCI with respect to Linked Sites or any of the information, services or products offered on the Linked Sites. TTOR/PCI disclaim any responsibility for the accuracy, content, or availability of information found on Linked Sites. TTOR/PCI do not imply, nor should you infer, any endorsement, association, sponsorship or affiliation with any Linked Sites or with any merchandise, products or services offered through such Linked Sites, unless specifically stated. TTOR/PCI neither operate nor have any control over the content or any other aspect of any Linked Sites, and is not responsible for the content of any off-site pages or any Linked Sites.
   
   (c) NONE OF THE PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE ARE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, OR ANY OTHER LOSSES, COSTS, OR EXPENSES WHICH MAY ARISE, DIRECTLY OR INDIRECTLY, THROUGH ACCESS TO, USE OF, OR BROWSING OF THIS SITE OR THROUGH YOUR DOWNLOADING OF SITE CONTENT, INCLUDING, BUT NOT LIMITED TO, ANYTHING CAUSED BY BUGS, VIRUSES, OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR PROGRAM MALFUNCTIONS, OR ANY OTHER ERRORS, FAILURES OR DELAYS. IN NO EVENT WILL TTOR/PCI BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, LOSS OF PROGRAMS OR DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THIS SITE, SITE CONTENT, ANY OTHER CONTENT OR SERVICE ACCESSED THROUGH THIS SITE OR LINKED SITES, OR ANY COPYING, DISPLAYING OR USE THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
   
   (d) TTOR/PCI do not control or pre-screen the Content uploaded to the Site by others. You agree that you bear all risk relating to your downloading and use of the Content. You shall indemnify and hold TTOR/PCI harmless from and against any and all claims, liabilities, demands, causes of action, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs of suit, arising out of or in connection with your use of this Site.
   


4. Termination
   
   The Terms of Use are effective until terminated by either party. TTOR/PCI may terminate your access to the Site immediately without notice from use if, in our sole discretion, you fail to comply with any term of condition of the Terms of Use. You may terminate this Agreement, immediately without notice to us, at any time by discontinuing your use of the Site, and any materials you have obtained from the Site. Paragraphs 3(e), 5, 6, 7, and 8 shall survive the termination of these Terms of Use for any reason.
   
 

5. Copyright Infringement Claims Procedure
   
   If you believe that your work has been copied in a way that constitutes copyright infringement, please forward to TTOR/PCI the information described in its Copyright Infringement Policy in accordance with the procedures described in the policy.
   
6. Jurisdiction
   
   You are responsible for complying with the laws of the jurisdiction from which you are accessing this Site and you agree that you will not access or use the information on this Site in violation of such laws. The Terms of Use are governed by and are in accordance with the laws and in the state and federal courts of the Commonwealth of Massachusetts, U.S.A. You accept the exclusive personal jurisdiction, and waive any objections to the venue of such courts.  
   

1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work, or a representative listing of the copyrighted works, claimed to have been infringed;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to allow the service provider to locate the material;
4. Information reasonably sufficient to allow us to contact you, including your address, telephone number, and if available, your electronic mail address;
5. A statement that you have a good-faith belief that the use of the material as described is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in your notification is accurate, and under the penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Please provide your notification to our designated agent who may be contacted as follows: