TERMS OF USE

Mount Vernon Parks Foundation Website Terms of Use

Please read these terms of use carefully (the “Terms”). If you use the website, applications, or other services on which these Terms appear (collectively, Mount Vernon Parks Foundation Property), that means you understand and accept these Terms. These Terms may change from time to time. If we make changes, we will let you know by posting the changes on our website. These Terms and any other legal terms found elsewhere on this web site are the entire agreement between you and Mount Vernon Parks Foundation with respect to your use of our website. These Terms and other legal terms on our site supersede any and all other understandings or agreements, written or oral, regarding your use of our website.

From time to time we may update Mount Vernon Parks Foundation Property and these Terms. Your use of Mount Vernon Parks Foundation Property after we post any changes to these Terms constitutes your agreement to those changes. You agree to review these Terms periodically to ensure that you are familiar with the most recent version. Mount Vernon Parks Foundation may, in its sole discretion, and at any time, discontinue Mount Vernon Parks Foundation Property or any part thereof, with or without notice, or may prevent your use of Mount Vernon Parks Foundation Property with or without notice to you. You agree that you do not have any rights in Mount Vernon Parks Foundation Property and that Mount Vernon Parks Foundation will have no liability to you if Mount Vernon Parks Foundation Property is discontinued or your ability to access Mount Vernon Parks Foundation Property or any content you may have posted on Mount Vernon Parks Foundation Property is terminated.

Copyright

The materials on this site, including without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, renditions and floor plans, are original copyrighted materials owned by Mount Vernon Parks Foundation, Inc or its subsidiaries and/or affiliates. These materials are protected by federal law against unauthorized copying and reproduction. Our website content is provided for your personal informational purposes only. You may print a single hard copy for your personal use. You may not otherwise use, copy, modify, distribute, republish, or transmit any of the content or materials from Mount Vernon Parks Foundation Property without our written permission. You agree that if you violate this prohibition, you may be subject to all legal remedies available to Mount Vernon Parks Foundation. You will also be responsible for any other losses, attorneys' fees or costs Mount Vernon Parks Foundation may incur due to your violation.

Trademarks and Service Marks

The following are some of the proprietary trademarks and service marks of Mount Vernon Parks Foundation or its related entities including littlemountainpark.org. A number of these trademarks and service marks may be registered in the future with the United States Patent and Trademark Office. Mount Vernon Parks Foundation also claims trademark rights to other marks that may not be explicitly listed, registered and unregistered, including its several logos and designs.

THESE MARKS ARE NOT TO BE USED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE MOUNT VERNON PARKS FOUNDATION OR ITS AFFILIATES. You agree that if you violate this prohibition, you will be subject to all legal remedies available to Mount Vernon Parks Foundation, and you will additionally be responsible for any other losses, attorneys' fees or costs Mount Vernon Parks Foundation may incur as a result of your violation.

The web site may also contain trademarks and service marks that belong to third parties. These other trademarks and service marks are the property of their respective owners. In the event that a third party makes a claim or initiates suit against Mount Vernon Parks Foundation due to your use of these other trademarks and service marks without the permission of the proper party, you agree to indemnify and hold Mount Vernon Parks Foundation harmless from such claim or suit, and to reimburse Mount Vernon Parks Foundation for all losses, attorneys' fees and costs that Mount Vernon Parks Foundation incurs in connection with such claim or suit.

User Submissions and Content

The following requirements apply to your use of Mount Vernon Parks Foundation Property: (a) you will not use any electronic communication feature of Mount Vernon Parks Foundation Property for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use Mount Vernon Parks Foundation Property for any commercial transactions that are unrelated to the purposes for which Mount Vernon Parks Foundation Property was provided; (e) you will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

From time to time on certain areas of Mount Vernon Parks Foundation Property you may be able to submit reviews and certain other materials ("User Content"). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Mount Vernon Parks Foundation; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Mount Vernon Parks Foundation, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of Mount Vernon Parks Foundation Property, or feature of Mount Vernon Parks Foundation Property. You further understand and agree that you have no ownership rights in any account you may have with us, or other access to Mount Vernon Parks Foundation Property or features therein. Mount Vernon Parks Foundation may cancel your account and delete all User Content associated with your account at any time, and without notice, if Mount Vernon Parks Foundation deems that you have violated these Terms, the law, or for any other reason. Mount Vernon Parks Foundation assumes no liability for any information removed from our Mount Vernon Parks Foundation Property, and reserves the right to permanently restrict access to Mount Vernon Parks Foundation Property or a user account.

By displaying, publishing, or otherwise posting any User Content on or through Mount Vernon Parks Foundation Property, you hereby grant to Mount Vernon Parks Foundation a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms and the license described herein. You represent and warrant that you own the content submitted, displayed, published or posted by you on Mount Vernon Parks Foundation Property and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, you acknowledge that your User Content may contain concepts, ideas, materials, proposals, suggestions and the like relating to Mount Vernon Parks Foundation or our initiatives (your “Ideas”). With respect to Ideas you acknowledge that: (a) Mount Vernon Parks Foundation receives numerous submissions from many parties and/or may have independently developed and/or considered similar Ideas, and that Mount Vernon Parks Foundation’s review of the Ideas is not an admission of novelty, priority or originality; and (b) Mount Vernon Parks Foundation’s use of any similar Ideas, whether based on your User Content, provided to Mount Vernon Parks Foundation by third parties, or independently developed or considered by Mount Vernon Parks Foundation, shall be without obligation to you.

Indemnification

You agree to indemnify and hold Mount Vernon Parks Foundation, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms, including the Posting Policy, or which arises from the use of User Content you submitted, posted, or otherwise provided to Mount Vernon Parks Foundation or Mount Vernon Parks Foundation Property.

Disclaimers

We try our best to provide accurate information, but information on our website may not always be accurate. Mount Vernon Parks Foundation does not warrant the accuracy and completeness of information, text, graphics, links or items on this web site. THESE MOUNT VERNON PARKS FOUNDATION PROPERTIES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Our website may have service interruptions. We make no warranty about the reliability of our website.

We shall not be liable for any special, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with your use of the materials. The information on this website may change without notice. The information on this website represents no commitment on our part in the future. We provide our products and services subject to applicable taxes and accompanying terms and conditions.

We may reference other companies’ products on our website. Our website also has links to third party sites that are unaffiliated with Mount Vernon Parks Foundation. This web site contains several references to products of other companies and links to other web sites, including web sites of non-affiliates of Mount Vernon Parks Foundation. Our terms and conditions stated here don’t apply to those websites. The links to those web sites are provided for your convenience only. We do not warrant or endorse the companies, products, services, information or programs associated with these web sites. Similarly, we don’t warrant or endorse the non-affiliated companies and products that appear on our website.

Links

Mount Vernon Parks Foundation Property may be linked to other web sites, which are not maintained by Mount Vernon Parks Foundation. Mount Vernon Parks Foundation is not responsible for the content of or Privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Mount Vernon Parks Foundation of the linked sites. Mount Vernon Parks Foundation disclaims any liability for links: (i) from another site to Mount Vernon Parks Foundation Property and (ii) to another site from Mount Vernon Parks Foundation Property.

Jurisdiction

When you use our website, you agree that the state courts in Skagit County, Washington or the United States Federal District Court, Western District of Washington, will resolve any disputes arising out of your reliance on the information on this web site, or any interaction with Mount Vernon Parks Foundation involving this web site.

Mount Vernon Parks Foundation Privacy Policy

We use your information in accordance with our Privacy Policy. Read our Policy here.

Questions

If you have any questions about our website terms, please contact us by email at info@mvpf.org. You can write to us at Mount Vernon Parks Foundation, PO Box 1572, Mount Vernon, WA 98273 ATTN: President. You understand and acknowledge that information sent by you will be stored and processed in the United States.

Miscellaneous

These Terms operate to the fullest extent permissible by law. Accessing materials on Mount Vernon Parks Foundation Property by certain persons in certain countries may not be lawful, and Mount Vernon Parks Foundation makes no representation that materials on Mount Vernon Parks Foundation Property are appropriate or available for use in all jurisdictions. If you choose to access Mount Vernon Parks Foundation Property from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. This web site may have visitors from various states in the United States and other countries. It may contain references or cross-references to Mount Vernon Parks Foundation products, programs and services that are not available in your jurisdiction. These references do not mean that Mount Vernon Parks Foundation will make such products, programs or services available to residents in your state. Our website is not intended as a solicitation to you if you live in a state where we are not allowed to do business.

If Mount Vernon Parks Foundation fails to act with respect to your breach or anyone else's breach on any occasion, Mount Vernon Parks Foundation is not waiving its right to act with respect to future or similar breaches.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.