Terms of Use - friends-bwca.org

Last Updated: November 2023
These Terms of Use (the “Terms” or “Terms of Use”) describe the rules that apply to Friends of the Boundary Waters Wilderness (“Friends BWCA”, “we,” “us,” or “our”) websites and other online services (including www.friends-bwca.org). By accessing, downloading, using or browsing our websites, you acknowledge and agree to be bound by these Terms. If you do not agree to these Terms or if you do not agree with our Privacy Policy, please do not use our websites. Any use of our websites that is inconsistent with these Terms is deemed unauthorized access.

Modification of These Terms of Use

We reserve the right to make changes to these Terms at any time and will post an updated version here. Please check back from time to time to ensure you are aware of any updates or changes.

Limited Right to Use

In exchange for your agreement to these Terms and payment of any applicable fees, Friends BWCA grants you a limited, non-exclusive, personal, non-transferable, revocable right and license to download, access, and use the functionality of our websites. The rights to download and use the websites are licensed to you and are not being sold to you. You have no rights in our websites other than to use them in accordance with these Terms. Friends BWCA reserves the right to terminate your access to our websites at any time and for any or no reason. You may not remove or alter any notices found on our websites, distribute, make derivative works of, reverse engineer, decompile, or disassemble our websites. You may not access the websites for the purpose of building a similar or competitive service, website, or app. You may not use any web crawler, robot, spider, or other automated method to retrieve, data mine, scrape or otherwise gather information or content available through our websites.

Personal and Non-Commercial Use

Your use of our websites is limited to personal and non-commercial use. You may access our websites from your personal devices solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, print, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit our websites, or any content, products or services obtained through them.

Eligibility to Use Our Website

You must be 13 years of age to access or use our websites.

You represent and warrant that (1) you are not a citizen of or located in a country or region that is targeted for comprehensive trade sanctions by the US Government, (2) you will not access or use our websites from such a country or region, and (3) you are not designated on the US Treasury’s Specially Designated Nationals or Blocked Persons List or otherwise a person who is barred from doing business with US persons or from receiving exports of goods or services from the US.

Privacy

Your privacy is important to us. Please review our Privacy Policy, which is incorporated into these Terms by reference.

Compliance with Applicable Law

It is our policy to comply with all applicable laws and regulations in operating our websites. We ask that you do the same. By using our websites, you are presumed to accept this request, and agree to comply with all applicable laws and regulations.

Intellectual Property

Friends BWCA owns all rights, title and interest in our websites, as well as all text, content, graphics, interfaces, code and materials, the look and feel, selection and arrangement, design and organization of our websites, and the compilation of the content, code, data and materials on our websites, including all intellectual property and proprietary rights. The content of our websites is protected under United States and other copyright and trademark laws, and is the property of Friends BWCA. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way exploit any of the content of our websites, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material is permitted without the express permission of Friends BWCA or the copyright owner.

All words and symbols designated by ® or ™ and used on or in connection with the contents of our websites (collectively the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Friends BWCA or other owners that have granted Friends BWCA the right and license to use such Marks. For clarity, there may be instances where trademark symbols are omitted for creative reasons, which does not impact the validity or enforceability of these Marks. You may not display or reproduce the Marks other than with the prior written consent of Friends BWCA, and you may not remove or otherwise modify any trademark notices from any content.

Any copying, distributing, transmitting, posting, linking, deep linking or otherwise modifying our websites without our express written permission is prohibited. Any violation of this section may result in copyright, trademark, service mark or other intellectual property infringement that may subject you to civil and/or criminal penalties. Friends BWCA reserves the right to terminate your use of our websites if you infringe our or any other person’s intellectual property rights.

User-Generated Content

Grant of License to Friends BWCA

We offer features on our websites that allow users to share information and content with us and each other (“User Content”). By uploading or otherwise sharing User Content with us, you grant Friends BWCA and our agents, affiliates, and related entities a non-exclusive, royalty-free, irrevocable, worldwide, perpetual, and transferable license to use, store, reproduce, distribute, publish, sub-license, import, export, modify, and make derivative works of your User Content along with your name and/or social media handle in all digital and physical channels for any purpose including all promotional, marketing, advertising and other commercial and non-commercial purposes. Friends BWCA may use, reproduce, distribute, combine with other materials, alter and/or edit your User Content in any manner in our sole discretion, without any obligation or additional permission from you. You agree to waive any right you may have to be named in the User Content, and allow us to use your User Content without any reference or attribution.

Representations and Warranties

By submitting User Content to us, you represent and warrant that you: (i) have the right to transmit, distribute, replicate, and post any User Content you submit, (ii) you are the copyright owner or have the copyright owner’s permission required to grant the rights to the User Content described in these Terms, (iii) you hold the rights necessary to grant the licenses described herein, (iv) you have obtained the express consent of each person, if any, depicted in the User Content, (v) if any people pictured or mentioned are minors, you have obtained the express permission of their parents/guardians to have their image and/or name used by Friends BWCA, (vi) your User Content, and Friends BWCA’s use of that User Content as permitted under these Terms, do not and will not violate, misappropriate or infringe any intellectual property rights, publicity rights or other proprietary rights of any third party, and (vii) your User Content does not violate any law or other regulation and is not inappropriate under the rules described below. You expressly release Friends BWCA from any claims, damages, actions, or liabilities arising from our use of the User Content as permitted herein.

Content Guidelines

By using our websites or using any of our hashtags on social media, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through our websites any of the following:

Content that is sexually explicit, violent, derogatory, unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, an invasion of another individual’s privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
Content that could lead to harm or exploitation of children;
Content that promotes illegal drug, tobacco or firearms use;
Content that violates the rights of any individual or group, or that otherwise creates liability or violates any local, state, national or international law;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
Content that use the names, likenesses, or personal information of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited advertising or links to other commercial sites;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the forum or area in which such content is posted;
Content that communicates messages inconsistent with the positive good will of Friends BWCA; or
Content that, in Friends BWCA’s sole judgment, is objectionable, or which may expose our websites or users to any harm.

Friends BWCA takes no responsibility and assumes no liability for any User Content, or for any resulting loss or damage to any person. Nor is Friends BWCA liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Although Friends BWCA has no obligation to screen, edit or monitor any User Content, we reserve the right, and have sole discretion, to remove or modify without notice any User Content posted or stored for any reason, including a violation of these Terms. Any use of our websites, including submission of User Content, in violation of these Terms may result in termination or suspension of your permission to use our websites.

Despite our safety and privacy controls, we cannot guarantee that you will not encounter inappropriate User Content or illegal conduct from third parties. You can help us to make our websites welcoming for all users by reporting any offensive or unwelcome conduct to us.

Copyright Complaints & How to Submit an Infringement Notice

It is our policy to respond expeditiously when we receive a clear and complete notice of alleged copyright infringement that complies with the Digital Millennium Copyright Act (the “DMCA”). If we receive proper notification of claimed copyright infringement, we will remove or disable access to material claimed to be the subject of infringing activity in accordance with the DMCA.

Procedure for Reporting Copyright Infringement

If you believe that material or content residing on or accessible from our websites infringes your copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below. Note that failure to comply with all or any requirements of this section may render your notice invalid.

Identification of works or materials being infringed;
Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
Your contact information, including address, telephone number and e-mail address;
A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law;
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner—for example, the following: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.” and
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.

Once the infringement notification is received by our Designated Agent

We will remove or disable access to the infringing material;
We will promptly notify the alleged infringer that we have removed or disabled access to the material.

The alleged infringer may submit a counter-notice to our Designated Agent that must include the following

Identification of the material that has been removed, or to which access to has been disabled, and the location at which the material appeared before it was removed or disabled;
A statement under penalty of perjury that the User has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material;
The alleged infringer’s name, address and telephone number and a statement that the alleged infringer consents to the jurisdiction of the Federal Court for the judicial district in which the alleged infringer’s address is located, or if the alleged infringer’s address is located outside the United States, for any judicial district in which our business is located, and that the alleged infringer will accept service of process from the person who provided notification of the alleged infringement; and
The alleged infringer’s physical or electronic signature.

If a counter-notice is received by our Designated Agent, a copy of the counter-notice will be sent to the original complaining party informing that person that we will replace the removed material or cease disabling it within 10 business days. Unless the copyright owner files an action seeking a court order against the alleged infringer, the removed material will be replaced, or access to it restored, within 14 business days after receipt of the counter-notice. In all events, you expressly agree that neither Friends BWCA nor its employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement.

Designated Agent to Receive Notification of Claimed Infringement

David Meier, Digital Communications Manager
Friends of the Boundary Waters Wilderness
2550 University Ave. W. Suite 180 S,
St. Paul, MN 55114
(612) 446-4679
david@friends-bwca.org

False Notifications of Claimed Infringement or Counter Notifications

Please note that you may be liable for damages (including costs and attorneys’ fees) if you make a false claim of copyright infringement. We suggest that you consult your legal advisor before filing a notice or counter-notice.

Termination of Usage

We reserve the right to suspend and/or terminate your access to our websites at any time, for any reason, without prior notice, as determined in our sole discretion. If you violate any of these Terms of Use, commit fraud or falsify information in connection with your use of our websites, we reserve the right to hold you liable for any and all damages we may suffer, to pursue legal action through relevant local, national and international law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of our websites.

You may discontinue your use of and access to the websites at any time. However, these Terms remain in force until terminated by us, which may be done at any time in our sole discretion.

In the event of any termination, the restrictions on your use of the material on our websites (including with respect to intellectual property), and any of these Terms that are by their nature unaffected by termination of your usage of our websites (including the terms applicable to dispute resolution, indemnification, limitation of liability, and disclaimer of warranty) shall survive such termination, and you agree to remain bound by those terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms.

Availability of the Website

While we use commercially reasonable efforts to keep our websites accessible, it may be unavailable from time to time for indefinite amounts of time and for any reason including, without limitation, routine maintenance.

Accuracy of Information

Although we strive for accuracy in all elements of our websites, there may be errors, inaccuracies or omissions. Friends BWCA is not responsible for your interpretation or reliance on any information or content found on our websites, and makes no representations about the accuracy, reliability, completeness, or timeliness of our websites. Friends BWCA is not responsible for the conduct, whether online or offline, of any person using our websites, including any person’s violation of these Terms.

We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or services on our websites at any time without prior notice.

Third-Party Links

Our websites may contain links to third party websites and features. Friends BWCA is not responsible or liable for any websites or apps other than our own, even if linked from one of our websites. Please review the privacy policies and terms of use for each website you visit before downloading, using, or submitting your information.

Disclaimer of Warranty

AS PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE WEBSITES IS AT YOUR SOLE RISK. THE WEBSITES AND ALL CONTENT INCLUDED THEREIN ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER FRIENDS BWCA NOR ITS EMPLOYEES, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, AGENTS, VENDORS, LICENSORS, LICENSEES, CONTRACTORS, CUSTOMERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “FRIENDS BWCA PARTIES”) MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, STATUTORY OR IMPLIED, AS TO THE WEBSITES OR THEIR CONTENT. IN ADDITION, THE FRIENDS BWCA PARTIES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE FRIENDS BWCA PARTIES DO NOT REPRESENT OR WARRANT THAT THE WEBSITES ARE OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS. THE FRIENDS BWCA PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THE WEBSITES IS ACCURATE, COMPLETE, OR USEFUL. THE FRIENDS BWCA PARTIES DO NOT WARRANT THAT YOUR USE OF THE WEBSITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE FRIENDS BWCA PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING OUR WEBSITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITES.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FRIENDS BWCA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, BREACH OF CONTRACT, PRODUCT LIABILITY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE OUR WEBSITES, ARISING OUT OF THE CONTENT AND OTHER INFORMATION CONTAINED THEREIN OR IN THESE TERMS OF USE, OR YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE OUR WEBSITES, OR ANY CONTENT OBTAINED FROM OUR WEBSITES, EVEN IF FRIENDS BWCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE FRIENDS BWCA PARTIES’ TOTAL LIABILITY EXCEED, IN THE AGGREGATE FOR ALL CLAIMS SUBJECT TO THESE TERMS OF USE, TWO HUNDRED AND FIFTY DOLLARS (USD $250.00).

YOU ACKNOWLEDGE THAT FRIENDS BWCA WOULD NOT PROVIDE ACCESS TO ITS WEBSITES IF NOT FOR THE FOREGOING LIMITATIONS, AND THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE TERMS OF USE. THESE LIMITATIONS OF LIABILITY REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THE TERMS OF USE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OR EXCLUSION OF LIABILITY IN ALL CIRCUMSTANCES, IN THOSE JURISDICTIONS, THE FRIENDS BWCA PARTIES’ LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

Class Action Waiver

You agree that, to the maximum extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with our websites, these Terms of Use, or our Privacy Policy will be resolved on an individual basis, without resort to any form of class action or mass action. This provision shall not be construed as a waiver of your right to seek public injunctive relief as provided under California law to the extent such right may otherwise be available to you.

Time Limitation

You agree to bring any and all claims against Friends BWCA within one year from the date of accrual of a cause of action, and that actions brought after this date will be deemed time-barred.

Indemnification

You agree to indemnify, defend, and hold harmless Friends BWCA, its parents and affiliates, together with their respective employees, agents, directors, officers, suppliers, and shareholders from and against any and all claims, demands, actions, costs, liabilities, losses of any kind (including attorneys’ fees) arising out of your use of our websites, your breach or alleged breach of these Terms of Use (including but not limited to the warranties related to your User Content), or your breach or alleged breach of the copyright, trademark, proprietary, or other rights of Friends BWCA or third parties.

No Waiver

No delay or failure by Friends BWCA to enforce any provision in these Terms of Use shall constitute a waiver of any of Friends BWCA’s rights. Neither the receipt of any funds by Friends BWCA nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Friends BWCA shall have any legal effect.

Severability

If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect.

Assignment

Friends BWCA may assign or transfer its rights and obligations in our websites or under these Terms at any time, without restriction, and without prior notice. You may not assign or transfer any rights or obligations to anyone without specific, prior, written consent by Friends BWCA.

Governing Law

Any disputes arising out of or related to these Terms of Use and/or your use of our websites shall be governed by the laws of the United States and the State of Minnesota, without regard to choice-of-law rules and without regard to conflicts-of-laws principles.

How to Contact Us

If you have any questions about these Terms of Use, please feel free to contact us.

Friends of the Boundary Waters Wilderness
2550 University Ave. W. Suite 180 S,
St. Paul, MN 55114