Terms and Conditions of Use

 

Any and all use of the web site www.teamorca.org/kilroy (the Site) and the data contained therein is subject to the terms and conditions set forth below.  Before accessing the site, please read the following terms and conditions carefully.   By accessing or viewing the information and materials available on or through the site, you indicate that you understand these Terms of Service and that you accept such Terms of Service and agree to comply with them.  ORCA reserves the right to change these Terms of Service from time to time.  Your continued use of this Site following any such change(s) to these Terms of Service will be conclusively deemed acceptance of such change(s).

 

Permitted Use:

The information contained in the Site is for general, non-commercial information purposes only. The information is provided by Ocean Research & Conservation Association, Inc. (ORCA) and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at the users own risk. 

 

Ownership:

The contents of the Site are copyrighted by ORCA.  Except for making a hard copy print of the information or downloading the material for personal use only, ORCA’s information may not be reproduced, transmitted, distributed or displayed, without ORCA’s express written consent.  Unauthorized use of any material contained on the Site may violate copyright laws, trademark laws, and/or other statutes and regulations.

 

Links:

ORCA may provide links, in its sole discretion, to other sites on the web for the convenience of its users.  These sites are maintained by third parties over whom ORCA exercises no control.  Accordingly, ORCA expressly disclaims any responsibility for the content, the accuracy of the information or other materials, and/or quality of products or services provided by or advertised on these third-party web sites.  Moreover, these links do not imply an endorsement by ORCA with respect to any third-party, any web site, or any products or services provided by any third party through the third party web site or otherwise.

 

Limitation of Liability:

In no event will ORCA be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Site.

 

 

Viruses:

We will use commercially reasonable efforts to maintain the Site free of viruses and other harmful components. However, as the Site is accessible by third parties, we cannot assume any responsibility for any viruses or other harmful components that may affect your computer equipment or other property as a result of your access to, viewing of or downloading any Data from the Site. We do not warrant that the Site, its servers or any Data downloaded from the Site is free from viruses, bugs or other harmful components.

 

Indemnification:

You agree to indemnify and to hold ORCA, its subsidiaries, affiliates, business partners, officers, employers and other agents, harmless from and against any loss, liability, damage or expense (including reasonable attorneys fees) arising out of your use of the Site, including, without limitation, any violations by you in the terms and conditions for your use of the Site.

 

Advertisers / Venders:

The Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for insuring that materials submitted for inclusion on the Site are accurate and comply with applicable laws. ORCA will not be responsible for the illegality of or any error in accuracy in any advertisers, or sponsors, materials.

 

Termination:

ORCA reserves the right, in its sole discretion, to immediately suspend or terminate your ability to use the Site.  In the event that ORCA determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the site, ORCA reserves the right to (a) discontinue your ability to use the Site, and/or (b) take any action which ORCA deems to be appropriate.

 

Severability:

If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

Non Waiver

Any failure to require performance of any provision contained herein shall not affect ORCA's right to require performance at any time thereafter, nor shall a waiver of any breach or default of any provision constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

 

Jurisdiction:

Any dispute regarding the interpretation of, compliance with, and enforcement of, these terms and conditions, will fall under the exclusive jurisdiction of the Supreme Court of the state of New York.