Terms of Use

The following Terms of Use set forth legally binding terms for your use of the www.henrysfork.org Web site (the "Website"). The Website is operated by the Henry's Fork Foundation ("HFF"). HFF reserves the right to modify these Terms of Use from time to time, without notice, and such modifications will become part of the Terms of Use.

  1. Acceptance of Terms of Use. By using the services offered through the Website ("Website Services"), you ("User") represent you have read, understood and agree to be bound by these Terms of Use and any future modifications to the Terms of Use. You are only authorized to use the Website Services, including browsing the Website, if you so agree. If you do not agree to abide by these Terms of Use, you should leave the Website and immediately discontinue use.
  2. Registered User. In order to participate in portions of the Website allowing users to upload and/or post content or to edit or manipulate existing content on the website, including but not limited to text, links to third party sites or any other material posted by a user ("User Generated Content"), you must be at least thirteen (13) years of age and create a User ID and password ("Profile"). By creating a Profile you become a registered user ("Registered User"). You agree to provide accurate information about yourself when completing your Profile or any other registration information and maintain the security of you password and User ID. You agree to be responsible for all actions that take place using your password and User ID. Use of and registration to use the Website Services is void where prohibited by law.
  3. Age Requirement. The Website is intended for users who are at least thirteen (13) years of age. You must be at least thirteen (13) years of age to create a Profile and become a Registered User. By creating a Profile and becoming a Registered User you represent and certify that you are at least thirteen (13) years of age.
  4. User Generated Content. The Website contains electronic bulletin boards and other forums for sharing comments, ideas, and views about the [organization, subject matter, etc] and for sharing relevant subject matter content with an online community. You must use these forums in a responsible manner. You must not transmit any message ("Message") or post User Generated Content that: (i) restricts or inhibits any other user from using and enjoying the Website; (ii) is unlawful, depicts nudity, is threatening, abusive, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, pornographic, harassing, profane, sexually explicit or indecent; (iii) would be considered illegal gambling or a promotion of illegal gambling under state or federal law; (iv) encourages, supports or enables use of the Website in a manner inconsistent with any and all applicable laws and regulations; (v) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (vi) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (vii) contains a photograph of an individual who has not given their consent; (viii) contains a link to an adult site (ix) solicits personal information from anyone; (x) provides any telephone numbers, street addresses, last names, email addresses or personal contact information other than a user name; (xi) involves the transmission of unsolicited mass mailing, "junk mail" or "spamming"; (xii) contains a virus or other harmful component; (xiii) contains any information, software or other material of a commercial nature; (xiv) contains links to monetization or pay-per-click sites with the intended purpose of driving traffic to those sites for financial gain; (xv) contains advertising, promotions or commercial solicitations of any kind; (xvi) constitutes or contains false or misleading indications of origin or statements of fact; (xvii) contains password only access pages; (xviii) contains material irrelevant to the subject matter of the Website.
  5. You acknowledge and agree that HFF does not have any obligation to review User Generated Content, that HFF is not in any manner responsible for User Generated Content, the posting of the User Generated Content to the Website does not imply an endorsement of the content, that HFF makes no warranties as to the accuracy or reliability of User Generated Content and that HFF cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable User Generated Content will not appear on the Website. You also acknowledge that by providing you with the ability to access, view and/or post User Generated Content on the Website, HFF is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any User Generated Content or activities of Registered Users or users on the Website.
  6. HFF and its Promotion Entities shall have the right, but not the obligation, in its sole discretion to review, edit or delete any Message or User Generated Content that: (i) violates any term of these Terms of Use; or (ii) is otherwise illegal, offensive or inappropriate. HFF shall have the sole discretion to terminate your access to the Website. Access will be manually terminated by HFF or one of its Promotion Entities. . Please be advised that HFF will fully cooperate with any law enforcement authorities or court order requesting or directing HFF to disclose personal information of anyone who submits a Message or posts User Generated Content that violates the foregoing terms in accordance with HFF's Privacy Policy ("the Privacy Policy").
  7. Portions of these Terms of Use applicable to uploading and posting User Generated Content are intended to apply only to Registered Users though Terms of Use applicable to viewing User Generated Content apply to all users.
  8. Intellectual Property Ownership. The name and logo reflected on the Website are property of HFF. All other trademarks, logos, service marks and trade dress appearing on the Website are Trademarks of their respective owners. Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of its respective owner. Your use of the Trademarks displayed on the Website, or any other content on the Website, is strictly prohibited.
  9. All content on the Website, other than User Generated Content, including text, files, images, video, animation, sounds, music, or any other material appearing on the Website created or generated by HFF or its affiliates, is the proprietary property of HFF, and reserve all trademark, copyright, patent, trade secrets and all other rights to such material. Nothing in these Terms of Use shall be construed as conferring any license of any intellectual property right to Users.
  10. By posting or uploading User Generated Content to the Website, you represent that you own the content therein, it does not violate the intellectual property, privacy, publicity, contract or any other rights of any third party, you have the right to grant and hereby grant to HFF a worldwide, royalty free, non-exclusive, perpetual, license to use, edit, remove, modify, publish, sublicense, print, reproduce, prepare derivative works of, transmit, display, perform and distribute all submitted content (which includes but is not limited to written information, such as comments, and media files, such as photographs or videos) in connection with the Website and HFF's business, including promoting and redistributing the Website in any and all forms of media now known or hereafter devised. By posting or uploading User Generated Content to the Website, you also grant each user of the Website a non-exclusive license to access your User Generated Content as permitted through the Website and under these Terms of Use. You agree to pay for any and all royalties, fees and any other monies owing any person by reasons of any User Generated Content you post to the Website. The license granted to HFF and users of the Website will terminate at the time you remove your User Generated Content from the Website, however you acknowledge that HFF may retain archived copies of your User Generated Content.
  11. Digital Millennium Copyright Act ("DMCA") Notice. If you believe material available via the Website infringes a copyright, notify us using the notice procedure under the DMCA. We will respond expeditiously to remove or disable access to such materials and will follow the procedures specified in the DMCA to resolve the claim. Our designated agent to whom you must address infringement notices under the DMCA is Corporation Services Company ("CSC") 1010 Union Ave. SE, Olympia, WA 98501.
  12. Site Terms & Conditions. The Terms & Conditions posted on the Web site www.henrysfork.org ("Terms & Conditions") are incorporated by reference and made a part of these Terms of Use. To the extent there are any inconsistencies between the Terms & Conditions and these Terms of Use, these Terms of Use govern to the extent of the inconsistency.
  13. Privacy Policy. Use of the Website is governed by the Privacy Policy which is incorporated by reference into these Terms of Use. While the Website is not designed or intended to be used by or to collect information from children under the age of 13, User Generated Content may be posted to the Website that could contain links or access to third party Web sites. If a child under the age 13 accesses such a third party Web site, that site's privacy policy (including treatment of information the child provides to that site) will govern. We encourage parents to be involved in the online activities of their children to ensure that no information is collected from a child under the age of 13 without parental permission.
  14. Limitation on Liability. HFF and its affiliates are not liable to you or any of your employers, agents, customers or any third party for any damages arising from use of the website. Section 14 of the Terms & Conditions shall also govern HFF's limitation on liability.
  15. Indemnification. You agree to indemnify and hold HFF and its affiliates engaged in the advertising, marketing, promotion, merchandising, sale or distribution of HFF services/products or the development, production or distribution of the Website and all their subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of these Terms of Use or your violation of any law or the rights of a third party. The Promotion Entities failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.
  16. Additional Terms. You agree not to alter or modify the Website or use the Website for any commercial use. You agree not to attempt to surreptitiously access, attempt to upload unauthorized content, circumvent, disable or otherwise interfere with security or intellectual property protection features of the Website or access User Generated Content or the Website content by any technology other than through the authorized means of the Website. Unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links and other forms of solicitation may be removed from the Website without notice. HFF does not guarantee any confidentiality with respect to User Generated Content. If the Website is accessed via your mobile phone or other HFF service, normal messaging, data and other rates and fees will still apply.
  17. Disputes. You are solely responsible for interactions and interchanges with other users of the Website. HFF reserves the right but has no obligation to monitor, intervene or settle disputes between users of the Website. Under no circumstances shall HFF be responsible for any loss or damage of any kind resulting from any dispute between users of the Website.
  18. Any dispute between HFF and the User arising out of or related to the use of this Website and any accompanying information you provide or these Terms of Use shall be handled as set out in the Terms & Conditions posted on the Web site, incorporated herein, requiring mandatory arbitration of disputes except, i) the laws of the State of Idaho shall apply and, ii) to the extent that either party has infringed upon, violated or threatened to infringe or violate the other party's intellectual property rights or you have otherwise violated any of the Terms of Use related to User Generated Content, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought. If a claim is not subject to arbitration, you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Idaho, City of Ashton.
  19. Disclaimers. User Generated Content may contain links to other Web sites. HFF is not responsible for the content, accuracy, privacy policies, practices, or opinions expressed on such third party Web sites. The posting of link to a third party site does not imply an endorsement of that site by HFF. By using third party sites found on the Website, you expressly relieve HFF from all liability arising from or associated with their use. Downloading or using any software in connection with or through the Website is done at your own risk. The Website Services are provided "AS-IS" and HFF expressly disclaims any warranty of fitness for a particular purpose.
  20. Entire Agreement/Severability/Miscellaneous. These Terms of Use, the Privacy Policy and the Terms & Conditions constitute the entire agreement between User and HFF regarding use of the Website. If any provision of these Terms of Use are deemed unlawful, void or unenforceable, the balance of the Terms of Us shall remain unaffected and in full force and effect.