Website Terms of Use

I. Your Acceptance of the Terms of Use

These Terms of Use (“Terms of Use”) constitute an agreement between you and the National Parks Conversation Association (“NPCA,” “we,” “our,” or “us”) regarding your access to and use of the NCPA website at npca.org and any other websites linking to these Terms of Use, including any content, functionality, and services offered on or through npca.org (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.npca.org/privacy, incorporated herein by reference. If you do not agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. Users under 18 and at least 13 years of age are only permitted to use the Website with the appropriate permission and direct supervision of a parent or legal guardian. Children under 13 years of age are not permitted to use the Website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with NPCA or are granting permission and supervising a minor using the Website, and otherwise meet all of the eligibility requirements outlined in the Terms of Use. If you do not meet all of these requirements, you must not access or use the Website.

THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS VARIOUS CONDITIONS, LIMITATIONS, AND EXCLUSIONS, INCLUDING DISCLAIMERS AND LIMITATIONS OF LIABILITY IN SECTIONS IXX AND XX, AND AN ARBITRATION CLAUSE SECTION XXIV. ACCORDINGLY, PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AS THE TERMS AND CONDITIONS BELOW WILL AFFECT YOUR RIGHTS AND OBLIGATIONS.

II. Changes to the Terms of Use

We may revise, modify, replace, or update these Terms of Use from time to time in our sole discretion by posting notice of such changes on the Website or by delivering notice to you by any other means, including through any contact information that you may provide to us. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. If the changes are not acceptable to you, your only recourse is to stop using or otherwise accessing the Website.

III. Eligibility

By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful, up-to-date, and accurate; (b) you will maintain the accuracy of any information you provide and provide us with prompt updates if there are any changes to any registration and other information you submit; © you are at least 13 years of age and reside in the United States or within a U.S. territory or possession; and (d) your use of this Website does not violate any applicable law, rule, or regulation

IV. About The Information on the Website

Without limiting Sections XII, IX, or XX below, the Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe NPCA’s publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods or services

V. Accessing the Website and Account Security

A. Website Access and Your General Responsibilities. We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in whole or in part, and in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some or all of the Website

You are responsible for both:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection or registered accounts are aware of these Terms of Use and comply with them.

To access the Website or some of the resources or features it offers, including certain Content and User Contributions (as defined below) you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to us, whether or not through the Website, is correct, current, and complete. You agree that all information you provide to us, including, through the Website, is governed by our Privacy Policy https://www.npca.org/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

B. Registration, Account. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures or in connection with your use of the Website, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You are responsible for any activity that occurs under your account, username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your account, username, or password, or any other breach of security. You also agree to ensure that you exit from your account or any other registered access to the Website at the end of each visit to the Website. You should use particular caution when accessing your account or using your username or password from a public or shared computer so that others are not able to view or record your username or password or other personal information

We have the right to disable any, or require you to register a new, account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our sole opinion, you have violated any provision of these Terms of Use, including by engaging in any prohibited uses of the Website, Content, User Contributions, Interactive Services (as defined below), or any other features or functionality available on or linked through the Website.

C. Mobile and other Applicable Access. Access to the Website may be available through desktop, mobile, or other applications. To the extent that you access or use the Website through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. We are not responsible and accept no liability for any such charges, data rates, or fees

VI. Our Intellectual Property Rights

Ownership. The Website and its entire contents, features, and functionality including all information, software, text, displays, trademarks, service marks, logos, tradenames, trade dress, illustrations, photographs, articles, reports, presentations, podcasts, press releases, policy updates or guidelines, maps, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the “Content”) are owned by NPCA, its licensors, or other providers of such Content and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws

A. Use of Content. These Terms of Use permit you to use the Website and the Content on a non-exclusive basis and for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content or other material on our Website, except as follows

• Your computer may temporarily store copies of such Content and materials in RAM incidental to your accessing and viewing such Content and materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution or the creation of any derivative works thereof.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement or any other applicable terms and conditions we may provide for such applications.
• Subject to Sections XVI and XVII below, if we post Content or other materials to, or permit you to access Content or other materials through, social media accounts, for example, and without limitation, our Facebook, Instagram, X (formerly Twitter), or YouTube accounts, you may take such actions with respect to such Content and materials as are enabled by such features and the relevant social media platforms’ terms and conditions.

You must not:

• Modify copies of any Content or materials from the Website or create any derivative works thereof.
• Use any Content or materials separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Content or materials from this Website.
• Access or use for any commercial purposes any Content, part of the Website, or any services or materials available through the Website.

B. Questions on Permitted Use. If you wish to make any use of Content or material on the Website other than as set out in this Section, please address your request to: npca@npca.org

C. Our Rights Regarding the Content. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website or Content in breach of the Terms of Use, your right to use the Website and Content will stop immediately and you must, at our option, return or destroy any copies of the Content or materials you have made. No right, title, or interest in or to the Website or Content is transferred to you, and all rights not expressly granted are reserved by NPCA. There are no implied licenses. Any use of the Website or Content not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws and we reserve the right to take any and all legal actions against you to stop or remedy such prohibited uses, including seeking monetary damages, civil penalties, injunctive, or other equitable relief, and criminal prosecution

D. Feedback Rights. You may from time to time provide us with suggestions, comments, opinions, or other feedback regarding the Content, Website, User Contributions, Interactive Services, our users, or our products or services (collectively “Feedback”). We may use such Feedback for any lawful purpose and are not obligated to: (a) treat any Feedback as confidential or proprietary; (b) provide any compensation or attribution for such Feedback; or © respond to or use any Feedback

VII. Trademarks

NPCA’s name trademarks, service marks, and logos, and all related names, logos, products and service names, designs, and slogans, whether or not registered, are trademarks of NPCA or its affiliates or licensors and are included within the Content. You must not use such marks without the prior written permission of NPCA and any use of such marks is subject to all restrictions provided in the Terms of Use, including any Content-related restrictions in Sections VI, VIII, X, and XI. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners, are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws, and may be subject to such owner’s additional terms and conditions.

VIII. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To infringe or violate our intellectual property or other rights or the intellectual property or other rights of any third parties, or to store or transmit infringing, libelous, or otherwise unlawful, or tortious content or material in violation of any third-party rights;
• To sell, resell, sublicense, transfer, or distribute the Website, including any of the Content or our related intellectual property rights;
• To send, knowingly receive, upload, download, use, or re-use any Content or material that does not comply with the Content Standards set out in Section XI of these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate NPCA, any NPCA employee, licensor, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing) or otherwise misrepresent your identity or affiliation with any third parties.
• In any way that suggests you are a representative of NPCA or for any lobbying or political activities.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NPCA or users of the Website, or expose them to liability, including by disparaging us or portraying us, the Website, the Content, or our products or services in a negative light.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to crawl, scrape, or otherwise access the Website for any purpose, including monitoring, framing, or copying any of the Content or material on the Website or using all or any portion of the Content or Website in connection with the development of any artificial intelligence algorithm or system.
• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying structure, ideas, know-how, or algorithms related to any portion of the Website, except to the extent any such restriction is not permitted by applicable law.
• Monitor or copy any of the Content or material on the Website, including any User Contributions, through any manual or automated process for any purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website or interfere with or circumvent the security features of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack, distributed denial-of-service attack, or through any other form of illegal or prohibited access.
• Otherwise attempt to interfere with the proper working of the Website.

IX. User Contributions

License to User Contributions. The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, including the My Park Story blog feature, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. User Contributions expressly exclude any Feedback. All User Contributions must comply with these Terms of Use, including the restrictions in this Section IX and the Content Standards set out in Section XI. Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, are subject to our rights outlined in Section X, and will be visible and accessible to NPCA and other users of the Website. You hereby grant to NPCA a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferrable, sublicensable (including through multiple tiers) right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display any User Contributions (in whole or in part) that you post on the Website and/or to incorporate such User Contributions into other works in any form, media, or technology now known or later developed for any purpose in our sole discretion

A. Restrictions on User Contributions and use of Interactive Services. You agree that by using the Interactive Services you will not post or transmit any of the following materials

• Anything that interferes with or disrupts the Interactive Services, the Website, the Content, or the operation thereof,
• Statements about candidates for political office,
• Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
• Unauthorized copyrighted materials or any other material that infringes on the intellectual property or proprietary rights, trade secrets, or privacy of another,
• Statements or material that violates other contractual or fiduciary rights, duties, obligations, or agreements,
• Statements or material that encourages criminal or illegal conduct or that would give rise to civil liability or criminal prosecution otherwise violates any law or regulation in any jurisdiction,
• Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
• Statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of NPCA,
• Anything that violates the privacy or publicity rights of any other person,
• Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials, and
• Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Website.

B. Representations and Warranties Regarding User Contributions. In connection with your posting of any User Contributions, you represent and warrant that

• You own or control all rights in, or have secured all authorizations, consents, or other approvals to, the User Contributions as are necessary to grant us and our licensors, affiliates, and service providers, and each of their and our respective licensees, successors, and assigns all rights in and to the User Contributions as provided in these Terms of Use, including under Section IX(a).
• All of your User Contributions do and will comply with these Terms of Use and will not violate any applicable law, rule, or regulation.
• All of your User Contributions are original creations and do not and will not infringe, misappropriate, or otherwise violate any intellectual property, proprietary, or privacy rights of any third party, including rights of publicity.

C. Liability for User Contributions. You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute to us or the Website, and you, and not NPCA, have full responsibility for such User Contributions, including such User Contributions’ legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website

X. Monitoring and Enforcement; Termination

Our Rights Regarding User Contributions. In connection with any User Contributions posted to the Website, we have the right to, without limitation

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including following a violation of the Terms of Use or Content Standards, or any User Contribution’s infringement, misappropriation, or violation of any intellectual property, proprietary, privacy, or other right of any third party or entity, or if such User Contribution threatens the personal safety of users of the Website or the public, or could create liability for NPCA.
• Disclose your identity or other information about you to any third party who claims that your posted User Contributions violates their rights, including their intellectual property or proprietary rights or their right to privacy.
• Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website, Content, or User Contributions.
• Terminate or suspend your access to all or part of the Website, Content, or User Contributions for any or no reason, including any violation of these Terms of Use.

A. Cooperation with Law Enforcement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Contributions or materials on or through the Website. YOU WAIVE AND HOLD HARMLESS NPCA AND THE NPCA PARTIES (AS DEFINED BELOW) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY NPCA OR ANY OF THE NPCA PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER NPCA, THE NPCA PARTIES, OR LAW ENFORCEMENT AUTHORITIES

XI. Content Standards

The content standards in this Section apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws, rules, and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property, proprietary, or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others, including NPCA, or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
• Please be aware that we cannot review all User Contributions before they are posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content, including User Contributions, provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.

XII. Copyright Infringement

If you believe that any User Contributions violate your copyright, contact us at npca@npca.org. It is the policy of NPCA to terminate the user accounts of repeat infringers.

XIII. Reliance on Information Posted

The information presented on or through the Website, including the Content and any User Contributions, is made available solely for general information purposes. Without limiting Section XIX, we do not warrant the accuracy, completeness, or usefulness of this information, the Content, or any User Contributions. Any reliance you place on such information the Content, or any User Contributions, is strictly at your own risk. Without limiting Section XX, we disclaim all responsibility arising from, and you hereby agree that you will not hold us liable for, your, any other Website user’s, or any other party’s reliance on such information, the Content, or any User Contributions.

XIV. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

XV. Online Purchases, Donation Services, and Other Terms and Conditions

Online Purchases. The Website offers an online store through which you make certain purchases. All purchases through the Website or any third-party site made available on the Website or other transactions for the sale of goods carried out through the Website, or resulting from your visits to the Website, are governed by Spreadshirt, Inc.’s (“Spreadshirt”) Terms and Conditions. We are not responsible, and you agree not to hold us liable, for any transactions, including shipping, handling, refunds, credits, or other transaction-related details, subject to Spreadshirt’s Terms and Conditions. Accordingly, you should read Spreadshirt’s Terms and Conditions carefully before making any purchases or engaging in any transactions on or through the Website or related links subject to Spreadshirt’s Terms and Conditions

A. Donation Services. We permit users to make donations to NPCA to support NPCA’s mission and objectives both through mail-in applications and through the Website. All donations made to NPCA are subject to NPCA’s State Charitable Solicitation Disclosures, which are incorporated in these Terms of Use by this reference, as well as Engaging Network’s (donation form host) Company Policies and Worldplay’s (credit card processing) Terms of Use and Privacy Policy

B. Additional Terms and Conditions. Additional terms and conditions may also apply to specific portions, services, or features of the Website. We encourage you to read all such third party terms and conditions before using any portions, services, or features of the Website governed by such terms and conditions. WITHOUT LIMITING SECTIONS IXX OR XX, WE ARE NOT RESPONSIBLE, AND YOU AGREE THAT YOU WILL NOT HOLD US LIABLE, FOR ANY DAMAGES OR LOSSES THAT ARISE OUT OF OR IN CONNECTION WITH YOUR USE OF ANY PORTIONS, SERVICES, OR FEATURES OF THE WEBSITE GOVERNED BY THIRD PARTY TERMS AND CONDITIONS, INCLUDING SPREADSHIRT’S TERMS AND CONDITIONS AND YOU USE SUCH PORTIONS, SERVICES, OR FEATURES OF THE WEBSITE SOLELY AT YOUR OWN RISK

XVI. Linking to the Website and Social Media Features

Use of Social Media Links to the Website and Content. You may include links on your social media accounts to our homepage, provided you do so in a way that does not violate these Terms of Use and is fair and legal and does not damage our reputation or take advantage of it. You must not establish any link to NPCA, including through your social media accounts, in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent

This Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain Content.
• Send emails or other communications including certain Content, or links to certain Content on this Website.
• Cause limited portions of the Content to be displayed or appear to be displayed on your own or certain third-party’s websites.

A. Restrictions on Social Media Links to the Website and Content. You may use social media features solely as they are provided by us, solely with respect to the applicable Content, and exclusively in accordance with these Terms of Use and any additional terms and conditions we provide with respect to such features

Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Content, Website or portions of either to be displayed on, or appear to be displayed by, any other site, for example only and without limitation, framing, deep linking, or in-line linking.
• Link to any part of the Website other than the homepage, without our express consent.
• Otherwise take any action with respect to the Content or other materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in Section XI above.

B. Our Rights Regarding Social Media Links; Required Cooperation. You agree to cooperate with us, any third party we may designate, and any law enforcement officials or agencies, in causing any unauthorized framing or linking immediately to stop or remedying, mitigating, or otherwise addressing any violation of the Terms of Use, including the Content Standards, arising out of or in connection with your linking, displaying, or otherwise exhibition of the Content or Website on your or any third party’s social media accounts, websites, or other platforms. We reserve the right to withdraw, disable, suspend, modify, or otherwise prohibit linking, sharing, posting, or other permissions without notice, including as related to any social media features and any links

XVII. Third Party Materials and Links

This Website includes content provided by third parties, including User Contributions and other materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to such materials are solely the statements or opinions and the responsibility of the owners or permitted licensees of such materials. The availability of such materials on the Website does not necessarily reflect the opinion of NPCA regarding, or NPCA’s endorsement of, such materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, including User Contributions.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Before accessing any such third-party links, we strongly advise you to carefully read all of the terms and conditions, privacy policies, license agreements, and any other terms applicable to and governing such third-party links.

XVIII. Geographic Restrictions

The owner of the Website is based in the Washington, D.C. in the United States. We provide this Website for use only by persons located in the United States, its territories, or possessions. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.

XIX. Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website, including the Content or User Contributions, will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data, including User Contributions.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER NPCA NOR ANY NPCA PARTY WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING INTERACTIVE SERVICES, PURCHASES, OR DONATIONS, OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, INCLUDING CONTENT OR USER CONTRIBUTIONS, OR ON ANY WEBSITE LINKED TO IT.

NOTWITHSTANDING ANY OTHER TERMS IN THIS TERMS OF USE TO THE CONTRARY, YOUR USE OF THE WEBSITE, THE CONTENT, USER CONTRIBUTIONS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING INTERACTIVE SERVICES, PURCHASES, OR DONATIONS, IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER NPCA NOR ANY NPCA PARTY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, THE CONTENT, OR ANY OTHER SERVICES, FEATURES, OR FUNCTIONALITY OFFERED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NPCA NOR ANY NPCA PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, NPCA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY, ACCURACY, COMPLETENESS, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XX. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NPCA OR THE NPCA PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING FOR PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE FORESEEABLE, OR YOUR REMEDY OTHERWISE FAILS IN ITS ESSENTIAL PURPOSE.

IF, FOR ANY REASON, ANY NPCA PARTY SHALL BE FOUND TO BE LIABLE NOTWITHSTANDING THE ABOVE, THE TOTAL AGGREGATE LIABILITY OF THE NPCA PARTIES TO YOU OR ANY OTHER PARTY OR PARTIES CLAIMING WITH, UNDER, OR THROUGH YOU, SHALL BE LIMITED TO ONE HUNDRED DOLLARS ($100.00).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

XXI. Indemnification

You agree to defend, indemnify, and hold harmless NPCA, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “NPCA Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your: (a) violation of these Terms of Use; (b) use of the Website or any information contained therein, including any User Contributions, Interactive Services, the Content, or any other services or products offered on or through the Website, other than as expressly authorized in these Terms of Use; or © your or your User Contributions’ violation of any law, rule, or regulation, or the intellectual property, proprietary, or privacy rights of a third party, including publicity rights.

XXII. Children

The Website is not directed toward children under 13 years of age nor does NPCA knowingly collect information from children under 13. If you are under 13 years of age, you are prohibited from using or accessing the Website

XXIII. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the District of Columbia without giving effect to any choice or conflict of law provision or rule (whether of the District of Columbia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of Washington, D.C although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Notwithstanding any other terms in this Terms of Use, you acknowledge and agree that any actual or threated breach by you of these Terms of Use will cause NPCA irreparable injury for which monetary damages would not be an adequate remedy. Accordingly, NPCA shall be entitled to injunctive or other equitable relief in any court of competent jurisdiction, without the obligation to post any bond, to remedy or mitigate any such actual or threated breach. This provision will not limit, and instead is in addition to, any other remedies available to NPCA at law or in equity.

XXIV. Arbitration

At NPCA’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Washington, D.C.’s laws.

XXV. Limitation on Time to File Claims

TO THE EXTENT PERMISSIBLE BY LAW, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

XXVI. Waiver and Severability

No waiver by NPCA of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NPCA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

XXVII. Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and NPCA regarding the subject matter discussed in the Terms of Use and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

XXVIII. Miscellaneous

The term “including” and any variation thereof means “including without limitation” and variations of defined terms have the meaning the context requires. All headings in this Terms of Use are for convenience only and will not be considered when interpreting its terms. The Terms of Use is binding on and shall inure to the benefit of each of the parties’ successors and permitted assigns. You may not assign any rights or delegate any obligations provided in this Terms of Use without the NPCA’s express prior written consent. NPCA may assign this Terms of Use, without your consent, for any reason. Any assignment in violation of this Section will be null and void.

XXIX. Your Comments and Concerns

This Website is operated by the National Parks Conservation Association located at 777 6^th Street NW, Suite 700, Washington, D.C.

All notices of copyright infringement claims should be sent to NPCA at npca@npca.org.

All other Feedback, comments, requests for technical support, and other communications relating to the Website, whether permitted or required by this Terms of Use, should be directed to: npca@npca.org.