Sierra Club Website Terms and Conditions of Use
Terms and Conditions last revised September 16, 2008.
Copyright © 2010 Sierra Club.
All Rights Reserved.
All materials contained on this site and its subsidiary sites are protected by United States copyright law and may not be reproduced, distributed, transmitted, displayed, published, or broadcast without the prior written permission of the Sierra Club, except under specific limited circumstances as described in our Terms and Conditions of Use.
Sierra Club®, the Sierra Club logo, and For Our Families, For Our Future® are registered trademarks of the Sierra Club, and may not be reproduced without prior written permission of the Sierra Club.
Terms and Conditions of Use
Please read these terms and conditions carefully before using this Sierra Club website ("this site," "our site").
By using this site, you are accepting these Terms & Conditions of Use ("Terms & Conditions"). If you do not agree to these Terms & Conditions, please do not use our site. The Sierra Club reserves the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.
If you are under 18 years of age, do not use this site unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them. This Sierra Club does not knowingly collect information from children under the age of 13. If you are under 13, please don't submit any personally identifiable information to the Sierra Club on this site.
Use of Materials on this Site
The Sierra Club maintains this site for your personal information, education, and communication. Please feel free to browse our site. Except for User Submissions (see below), all materials on our site, including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, "Materials"), are the sole property of the Sierra Club or its licensors. The exclusive rights to all Materials on this site are protected by U.S. and international laws of copyright, trademark and unfair competition.
It is in keeping with the Sierra Club's mission to encourage public discourse and activism regarding conservation of the natural environment. Accordingly, unless particular Materials are specifically restricted as noted on the web page, it is the Sierra Club's policy to allow limited reproduction and distribution of the Materials posted on our site as follows: You may copy, reproduce and distribute content from this site provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark and other proprietary notices; (2) all copies include a statement that the Material was reproduced from a Sierra Club website with permission of the Sierra Club; (3) all copies include the following notice "© 2010 Sierra Club. All Rights Reserved."; (4) the copies are distributed only for the non-commercial educational or public policy purposes of promoting conservation of the natural environment; and (5) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, the Sierra Club grants you a non- exclusive, nontransferable license to use the Materials on our site.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use the Materials on our site, without prior written authorization from the Sierra Club.
Sierra Club, its oval logo, the name of our magazine (SIERRA), Sierra Club Books, Sierra Club Productions, the tagline "Explore, Enjoy, and Protect the Planet", Sierra Student Coalition, and all other names of Sierra Club programs referenced herein are registered or common law trademarks of the Sierra Club. In no event may Sierra Club trademarks be reproduced separately from the textual content associated with them on the site. Unauthorized use of any Sierra Club trademark, service mark or logo may be a violation of federal and state law.
If you download software from this site in order to use the Materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively, "the software") is licensed to you by the Sierra Club. The Sierra Club does not transfer the title to you. You own the medium on which the software is recorded, but the Sierra Club retains full title to the software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.
Your User Submissions to this Site
You may submit information, text, photographs, graphics, videos, or other material (collectively, "User Submissions") to this site.
Sierra Club does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Sierra Club expressly disclaims any and all liability in connection with User Submissions.
Users should be aware that your User Submissions are public, not private communications. When you voluntarily disclose personal information through your User Submissions, that information can be collected and used by others and may result in unsolicited messages from other people.
You agree that your User Submissions will comply with our Community Guidelines, below.
By submitting User Submissions to this site, you hereby grant Sierra Club an irrevocable, non-exclusive, worldwide, royalty-free license to reproduce, use, copy, sell, distribute, create derivative works from, publicly display, or publicly perform the User Submission (or any portion thereof) in perpetuity, and the Sierra Club may sublicense all or part of its rights under this license or assign them to third parties.
By submitting User Submissions to this site, you represent and warrant that the User Submissions is your original work, that the User Submission does not violate any agreement between you and a third party, and that the User Submission 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. You agree that you will, at your own expense, defend, indemnify, and hold harmless the Sierra Club and its affiliated and related entities, licensees, successors and assigns, employees, officers and directors, representatives, contractors and agents from all claims, losses, damages and expenses of any kind (including, without limitation, attorneys' fees and disbursements) arising out of or in connection with a breach or alleged breach by you of your obligations or warranties herein.
Sierra Club may refuse or remove any User Submission that, in its sole judgment, violates these Terms & Conditions. Sierra Club has the right, but not the obligation, to monitor this site for inappropriate content. You are solely responsible for any User Submission you post on this site.
We welcome and respect your opinions, even if we don't agree with them. We ask that you welcome and respect our opinions and those of other visitors to this site. Communicate with common courtesy and collegial respect; disagree without being disagreeable. We also welcome your creativity, but don't be vulgar. The DON'T'S below are intended to keep this site a safe, informative, and constructive community for all those who visit it. Please understand and comply with them in this spirit.
You agree not to submit, upload or post any User Submission to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, violating anyone's copyrights, patents, trade secrets, trademarks, trade names or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices or other proprietary designations; (4) violates any law or regulation; (5) constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (6) contains viruses, corrupted files, or other materials that may cause damage to another's computer, (7) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes or other form of such solicitation, (8) is false, deceptive, or misleading; (9) impersonates any person or entity including, but not limited to, a Sierra Club employee or leader, or falsely states or otherwise misrepresents your affiliation with a person or entity; or (10) violates an applicable U.S. or foreign law, treaty, regulation or convention related to privacy, publicity, data protection, electronic communications or anti-spamming.
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. However, your confidential use of this site cannot be guaranteed by the Sierra Club. The Sierra Club shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site.
Account Registration and Security
You may need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You may never use the account of another user. You must notify the Sierra Club immediately if you suspect any unauthorized use of your account. Although Sierra Club will not be liable for any unauthorized use of your account, you may be liable for the losses of Sierra Club or others due to such unauthorized use.
The Sierra Club has not reviewed all of the sites linked to this site and is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site, whether or not they are affiliated with the Sierra Club. Such linked sites are for your convenience only and you access them at your own risk. The Sierra Club makes no representations or warranties as to the accuracy or functioning of any such link. That another web site is linked to our site does not constitute endorsement by the Sierra Club of the owner of the other site, the content of its site, or its products or services.
Warranty Disclaimer and Limitation of Liability
ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR EDUCATIONAL AND PROMOTIONAL PURPOSES. YOUR USE AND BROWSING OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE SIERRA CLUB DOES NOT WARRANT THAT USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. THE SIERRA CLUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.
IN NO EVENT SHALL SIERRA CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SIERRA CLUB IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE SIERRA CLUB SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN THE EVENT THAT YOU HAVE ANY DISPUTE WITH ONE OR MORE OTHER USERS OF THIS SITE, YOU RELEASE SIERRA CLUB, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE FOREGOING WARRANTY DISCLAINER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.
Without limiting the Warranty Disclaimer and Limitation of Liability above, before undertaking any outdoor activity described on this site, it is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity description, and that you have proper training, equipment, and physical conditioning to safely participate in the planned activity. Sierra Club and contributors to this site are not responsible for any harm to persons or property that results from your use of this site, including without limitation, use of any content on this site.
You agree to defend, indemnify and hold harmless the Sierra Club, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
The materials on this Sierra Club website are presented solely for promotional purposes in the United States and Canada. This site is operated under the supervision of the Sierra Club from its offices within the state of California. Sierra Club products are available in many parts of the world. However, our site may describe products that are not available worldwide. The Sierra Club does not warrant or represent that materials on our site are appropriate or available for use in other locations. If you choose to access our site from other locations, you do so at your own initiative and you are responsible for complying with local laws, if and to the extent local laws are applicable. You may not download or otherwise export or re-export software from our site in violation of United States export controls.
You agree that this site shall be deemed solely based in California, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over Sierra Club, either specific or general, in jurisdictions other than California. These Terms & Conditions shall be governed by and construed according to the laws of the state of California, as they are applied to agreements entered into and to be performed entirely within California. Any claim or cause of action arising out of or relating to this site shall be barred permanently unless such claim or cause of action is brought within one year after it arises; any such claim or cause of action shall be brought only in the state or federal courts in the Northern District of California, and you consent to jurisdiction of such courts for the purpose of litigating such actions.
Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.
This is the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by the Sierra Club.
These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by Sierra Club without restriction.
The Sierra Club has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms & Conditions. In addition, Sierra Club reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.
Normal website usage:
The Sierra Club has a firm commitment to internet privacy. You can visit most portions of sierraclub.org without telling us who you are and without revealing any personal information. The only information we collect from a normal web site visit is the name of your internet service provider, the browser and type of machine you are using, the web site that referred you to us, the pages you request and the date and time you request them. We use this information to generate statistics and measure site activity to improve the usefulness of the site to our visitors.
Collection and use of personally identifiable information:
The Sierra Club may collect email addresses and other personally identifiable data about visitors when such data is voluntarily submitted to sierraclub.org. For example, our site uses order forms for visitors to request information, products, and services, or to become a member. Contact information from the order form is used to send orders and information about the Sierra Club to our visitors. Financial information is used to bill visitors in connection with their orders. Some of the activist functions of our site also require registration of personal information. We use this information to make these functions more effective and provide participants with additional information about conservation issues.
We occasionally have third parties perform services on our behalf, such as data processing, marketing, analytics, credit card processing, shipping or stocking orders, providing customer service, advocacy and outreach, etc. These third parties have access to your personal information only as needed to perform their services for the Sierra Club and are contractually obligated to maintain the confidentiality and security of the personal information.
We may also use or disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (a) conform to applicable law or comply with legal process served on us or this site; (b) protect and defend our rights or property, this site or our users, and (c) act under emergency circumstances to protect the personal safety of us, our affiliates, agents, site users, or the public.
The Sierra Club uses industry accepted data collection and encryption methodologies in an attempt to insure the secure collection and transmission of sensitive user information. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.
The Sierra Club does not sell or otherwise disclose your personal information outside the organization. However, if you become a member of the Sierra Club, some information on our membership lists, such as your name and mailing address, may be exchanged with other organizations.