General Terms of use

Welcome to the American Fern Society’s (“AFS”) website. These are the general terms of use on which you may make use of this website and the sites listed here (which list may be updated from time to time), whether as a guest or a registered user ('you' or 'user').

https://amerfernsoc.org
http://payments.amerfernsoc.org

Please read these terms of use carefully before you start to use this site or any of those referred to above ('our sites'). By accepting these Terms, or by using any of our sites, you agree to be legally bound by these Terms, our Privacy Statement, and any other underlying agreements or terms. If you do not agree to these terms, please do not use our Site. We reserve the right to modify these Terms at any time without prior notice, and your use of the Site binds you to the changes made. We do occasionally update these terms so please refer to them in the future.
Access to Site

You will be able to access most of our Site without having to register any details with us. However, to access certain parts of our Site, you will need to register with the AFS and create an account, and in some circumstances become a member.

Password and Security Portions of the AFS’s websites are secure and may require you to register in order to participate in those areas. User accounts issued for the AFS’s websites are for individual use only and you are solely responsible for maintaining the confidentiality of your user name and password. You agree to provide accurate and complete information about yourself when registering or otherwise providing information regarding your account and to update your account data to keep it accurate. You agree that we may store and use the information you provide for maintaining your account. You also agree not to misrepresent your identity or affiliation with any person or entity, including (but not limited to) using another person's username, password or other account information. Violations of our security systems may result in civil or criminal liability. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. We will take every effort to ensure your online security, but cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.
Use of Site

Our Site, images, data, text, audios, videos, photographs, custom graphics, logos, button icons, descriptions and all other material provided and the collection and compilation and assembly thereof are the exclusive property of the AFS, and are protected by U.S. and international copyright laws.

The contents of our Site may be used for informational purposes only. Any other use of such contents, including the reproduction, modification, distribution, transmission, republication, display or performance of the contents without our prior written consent is expressly forbidden.

Any other trademarks or service marks appearing anywhere on our Site are the property of their respective owners. To the extent any product name or logo does not appear with a trademark (™), it does not constitute a waiver of any and all intellectual property rights that the AFS has established in any of its products, features, or service names or logos.

You may not use, reproduce, modify, transmit, display, publish, sell, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any content of this Site for commercial profit or gain. Nothing in these Terms or on the Site shall be construed as conferring any intellectual property or other proprietary rights to you. You agree to observe copyright and other applicable laws and may not use the content in any manner that infringes or violates the rights of any person or entity. We hold the rights to, or have the right to publish, all of the content on this Site.

As a condition of your use of the Site, you will not use the Site, or any contents or services, for any purpose that is unlawful in any applicable jurisdiction where our Site is being used, or prohibited by these terms, conditions, and notices, and you agree to abide by the terms and conditions set forth in the "User Conduct" section. You may not use the Site contents or services in any manner that could damage, disable, overburden, or impair any of our equipment or interfere with any other party's use and enjoyment of the Site, or any contents or services. You may not attempt to gain access to any portion of the Site, or any of its contents or services, other than those for which you are authorized.

While every effort is made for the timeliness and accuracy of the Site content and services, we make no warranties either express or implied, and assume no liability or responsibility for the completeness, use, accuracy, reliability, correctness, timeliness or usefulness, of any of the results obtained from its use.

We make no representation or warranty, express or implied, with respect to the content of the Site, or links to other websites, including but not limited to accurateness, completeness, correctness, timeliness or reliability. We make no representation or warranty regarding the merchantability or fitness for a particular purpose or use with respect to any content or services whatsoever that may be accessed through this Site, or the results to be obtained from using the Site. We make no representation or warranty that the Site or content is free from defects or viruses. Your use of external links and third-party websites is at your own risk and subject to the terms and conditions of use for such links and websites.

While every effort is made so that all content provided on the Site does not contain viruses and/or harmful materials, you should take reasonable and appropriate precautions to scan for viruses or otherwise protect your computer or device, and you should have a complete and current backup of the applicable items on your computer or device. We disclaim any liability for the need for services or replacing equipment or data resulting from your use of the Site. While every effort is made for smooth and continuous operation, we do not warrant the Site will operate error free.

By submitting a telephone number to the American Fern Society you agree that a representative of the AFS can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of our services.
Site Uptime

We take all reasonable steps so that our Site is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. Therefore, we will not be liable if this Site is unavailable at any time.

Our Site may be temporarily unavailable due to issues such as system failure, maintenance or repair, or for reasons beyond our control. Where possible, we will try to give our users advance warning of maintenance issues, but shall not be obliged to do so.

Your Submissions to Our Websites We may expressly request or enable you to submit, post, upload, embed, display, communicate or otherwise distribute messages, ideas, concepts, drawings, photographs, graphics, videos, or other material or information through a AFS website ("Submissions"). Please do not make any Submissions to or through our websites that we do not expressly request or enable you to submit. Our policies regarding Submissions apply regardless of whether we request any Submission received on or through our websites.

Some of our websites may contain communications services provided through forums, bulletin board services, chat areas, message boards, news groups, communities, personal web pages, calendars, and/or other message or communication features designed to allow you to communicate with others. You agree to use such communication services only to make and receive Submissions that are related to the particular communication service and in accord with these Terms.

You agree that you will not post, send, publish, or transmit any Submission that:

Violates any copyright, patent, trademark, trade secret, intellectual property or other proprietary or contractual right; or Advertises any commercial or business endeavor (for example, offering products or services) or otherwise engages in any commercial activity (for example, conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized by us;Openly seeks, or passively collects, personal or personally identifiable information about or from others; or Includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the use or enjoyment of any our websites; or Otherwise violates any provision of these Terms.

The AFS does not endorse any Submission and expressly disclaims any and all liability in connection with any Submission. The AFS may refuse or remove any Submission that, in its sole judgment, violates these Terms. You are solely responsible for any Submission you submit to any of our websites.

You should be aware that in some instances, your Submissions are public, not private communications. When you are using the areas of our websites that publicly display Submissions, you should assume that any Submissions you make to these areas also are subject to being made public. You should never post any message that you would not mind seeing on a school or community bulletin board or in the local newspaper. The privacy of others also should be respected at all times. If you need permission to use any photos, writings or other material or any identifying information contained in a Submission, you are responsible for obtaining documentation of such permission before posting the Submission. We may prohibit or remove certain Submissions that have been posted in public areas of our websites, in accord with our policies, but we are under no general duty to monitor the public posting of Submissions in such areas. When you voluntarily disclose any personal information (which is further defined in our Privacy Policy) through any Submission in a public area, that information can be viewed, collected and used by others and may result in unsolicited messages from other people, for which we shall have no responsibility.

By providing Submissions to any of our web sites, you hereby grant the AFS the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, use, copy, sell, distribute, create derivative works from, perform, and display all or part of the Submission in any form, media, or technology now known or later developed. Except in the case of certain Submissions by students or teachers participating in any form of online instruction, the AFS will not be required to treat any Submission as confidential. However, we may use any Submission in our business endeavors (including without limitation, for products or advertising) in a manner consistent with our privacy policies, without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in our future operations.

By providing Submissions to a AFS website, you also represent and warrant that the Submission is your original work, does not violate any agreement between you and a third party, and shall not infringe upon or violate any law, agreement or other rights of any kind, of any third party, without limitation, rights affecting copyright, patent, trademark, unfair competition, contract, defamation, privacy or publicity.

Access to and use of secure areas of AFS sites is considered a privilege provided at the discretion of the AFS. The AFS reserves the right to monitor use of its websites to determine compliance with these Terms, to investigate any reported or apparent violation, and to take any action that we in our sole discretion deem appropriate. We also reserve the right to immediately withdraw access and use of our sites when there is reason to believe that violations of law or our policies have occurred. We also reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, and to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion. Submissions provided to any of our websites may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to any Submissions that you provide, as well as any materials that you may download.

User Conduct

When using our Site, you shall not post or send to or from the Sites:

content which conflicts with our published “Guidelines for Professional Ethics”content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law in any applicable jurisdiction where our Site is being used;(c) content which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to our Site in breach of the this Section.

You shall not use our Site while distracted or preoccupied, such as when operating a motor vehicle. You should access our Site only with due regard for your own safety and the safety of others.
Links to and from Third Party Websites

Some links furnished on our Site may allow you to leave our Site. These third party websites are not under our control and we disclaim any responsibility for the contents of such linked websites or any link(s) contained in any such linked website(s) or any changes or updates to any of these websites. We further disclaim any responsibility for any form of transmission received from any linked third party website or advertising. We provide these links to you as a convenience to you and inclusion of any link herein shall in no way be construed as an endorsement by us of the website(s).

If you would like to link to our Site, you may only do so on the basis that you link to, but do not replicate, any page of our Site, and subject to the following conditions:

(a) you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;(b) you do not misrepresent your relationship with us or present any false information about us; and(c) your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law of the United States of America.

If you choose to link our Site in breach of this Section, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
Termination of Service

These Terms of Use constitute an agreement that is effective until terminated by either party.

You are not required to continue use of these services. And, if you are dissatisfied with any aspect of the services, you are encouraged to contact AFS Headquarters to discuss your concerns.

You may ask us to close your account at any time by sending us an email. We reserve the right to terminate this agreement, as well as your access to any or all of our websites and the related services or any portion thereof, at any time, without notice.
Effect of Termination

Upon termination of this Agreement, you will no longer access or use any part of this website or use any service or software to access or use this website. Your representations, warranties, and agreements with respect to your past access and use will continue in effect (for example, the licenses granted to the AFS for content that you uploaded; and your indemnification against infringement with respect to such materials) but you will incur no new obligations because there will be no future use.
Disclaimers

All information on our Site is of a general nature and is furnished for your knowledge and understanding and as an informational resource only. The documents and any related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information contained on our Site. We may make improvements and/or changes to any of the products depicted or described herein at any time. We expressly disclaim any responsibility or liability for any adverse consequences or damages resulting from your use of the Site or reliance on the information from either.

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH REGARD TO ANY PRODUCTS, INFORMATION OR SERVICE PROVIDED THROUGH THIS SITE, INCLUDING, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL OR IN WRITING, OR IN ELECTRONIC FORM.

THE AMERICAN FERN SOCIETY DOES NOT WARRANT OR ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION DESCRIBED WITHIN OR DERIVED FROM OUR SITE OR SERVICE.
Limitation of Liability

YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES OR INJURY YOU MAY INCUR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SITE OR THE SERVICES AND/OR PRODUCTS, OR YOUR RELIANCE ON OR USE OF THE SITE, THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OR ANY FAILURE OF PERFORMANCE, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnification

You agree to defend, indemnify, and hold us, our officers, directors, employees, volunteers, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from or alleged to result from, your use of and access to the Site or your violation of these Terms or your violation of any third party right, including without limitation any trademark, copyright or other proprietary or privacy right.
Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you.
Applicable Law

We make no representations that the content or the Site is appropriate or may be used or downloaded outside the United States. Access to the Site and/or the content may not be legal in certain countries outside the United States. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Site.

Our Site is created in and controlled by laws of the State of Missouri, United States of America. The Site, and its contents, and any disputes arising therefrom shall be construed and interpreted under the laws of the State of Missouri, and applicable United States federal laws. Use of our Site constitutes agreement of the user to the jurisdiction of the state and federal courts located therein.

Our Site is subject to the United States export control laws and regulations, and may be subject to export or import regulations in other countries. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import of any data on our Site, as may be required.
General

These Terms, together with the Privacy Policy, other terms or legal notices published by us on the Site, and any other applicable agreements, shall constitute the entire agreement between us concerning use of the Site. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Our Contact Information

American Fern Society