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Terms & Conditions

Habitot Children's Museum

Terms of Use

The Habitot.org website (the “Site”) is owned and operated by Habitot Children’s Museum (“Museum”), and is provided to you subject to the following Terms of Use. If you do not agree to all of the terms, please do not use the Site.

Changes to the Terms of Use

Museum may, in its sole discretion, change, add or remove any portion of the Terms of Use, at any time, by posting new Terms of Use on the Site. Your continued use of the Site after such changes are posted will constitute your agreement to such changes. The Site is for your personal use and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Museum.

Modifications to the Site

Museum reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site, including, but not limited to, content, features or hours of availability. Museum may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

Submissions

All remarks, submissions, ideas, concepts, pictures or other information you submit to the Site will become the exclusive property of Museum. Museum will not be required to treat any submission as confidential, and will be entitled to use all submissions for any purpose whatsoever, without any compensation to you.

Links

The Site may contain links to other Web sites. The Museum does not control such other Web sites and is not responsible or liable for the availability thereof for the information, opinions, products, services or other materials contained on such Web sites. The Museum shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by You in connection therewith. Your access and use of linked Web sites, including the information, products, services and materials therein, is solely at your own risk.

Intellectual Property

You acknowledge and agree that all content and materials available on the Site, including but not limited to the Museum names and logos, are protected by intellectual property and other laws. Except as expressly authorized by Museum or the appropriate party, any use, copy, reproduction, display, performance, modification or retransmission is strictly prohibited. Notwithstanding the above, you may download one copy of the content and materials on the Site on any single computer for your personal non-commercial use, including use by nonprofit organizations, provided you keep intact all proprietary and other notices.

Account Information

You agree that you will provide accurate information when creating an account on the Site and that you will keep your information up-to-date. You must be at least 18 years of age to create an account and your account may be terminated without warning if we believe that you are under 18 years of age.

Password

You are solely responsible for protecting the confidentiality of your password and may not disclose your password to any other person. In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.

Fees Museum may charge you fees for membership or other products and services offered for sale on the Site. You agree to pay all fees and charges, including applicable taxes, agreed and incurred by you through your account.

Privacy

Please see our Privacy Policy [http://www.habitot.org/museum/policies_privacy.html] for an explanation of our online information practices with regards to information submitted to the Site.

DISCLAIMER OF WARRANTIES

THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MUSEUM DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL MUSEUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF OR THE INABILITY TO USE THE SITE, OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO EVEN IF MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE TOTAL LIABILITY OF MUSEUM TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED $100 IN THE AGGREGATE.

Indemnification

You shall indemnify, defend and hold Museum, its officers, directors, employees, agents, licensee, successors, volunteers and assigns (collectively, the “Indemnified Parties”), harmless from and against any and all claims, losses, damages, liabilities, judgments and fees and expenses related thereto (including, without limitation, reasonable attorneys’ fees), incurred by an Indemnified Party in connection with any claims arising out of, based upon or resulting from (1) your use of the Site, (2) any breach or violation by you of the Terms of Use, (3) your dispute with another user, or (4) any unauthorized access to any password-protected area of the Site using your password. Museum reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle or otherwise dispose of any matter without the prior written consent of Museum.

Termination

The Terms of Use constitute a binding agreement between you and Museum until terminated by you or Museum, which Museum may do at any time, without notice, in Museum’s sole discretion. If you become dissatisfied with the Site, in any way, your only recourse is to immediately discontinue use of the Site.

Choice of Law; Dispute Resolution

This Agreement shall be governed by and in accordance with the laws of the State of California, without regard to conflicts of laws provisions. Any controversy involving Museum arising from or in any way related to the Terms of Use or your use of the Site shall be heard in the appropriate State or Federal court in Oakland, California and you irrevocably consent to the jurisdiction of such courts.

Notices and Disclosures

Except as explicitly stated otherwise, any notices shall be given by e-mail to Museum at habitot@lmi.net or to you at the e-mail address you provide to Museum. Notice shall be deemed given 24 hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid.

General Provisions

If any provision of the Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms of Use, and the remainder of the Terms of Use shall continue in full force and effect. The failure by either you or Museum to exercise or enforce any rights or provisions of the Terms of Use 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 or the Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Terms of Use comprise the entire agreement between you and Museum and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions in the Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of the Terms of Use.

Contact Information

If you have any questions regarding the Terms of Use, please feel free to contact Gina Moreland, Executive Directors, at 510-647-1111 x11 or habitot@lmi.net

Effective Date: 2/2/12

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