PLEASE READ THE FOLLOWING NOTICES BEFORE USING THIS WEBSITE:
This is a legal document ("Agreement"), which sets out your rights and obligations, and those of Bicoastal.com, LLC in relation to this website ("Site"), and the material of all types that you gain access to on and through the site ("Content"). The term "Content" includes, but is not limited to, all text, graphics, and images which appear on the site, and the design, look, and feel of the site itself.
You affirm your assent to the notices of this agreement every time you access any part of the Site or make use of any of its Content. If you do not agree to abide by these notices, do not use this Site nor any of its Content.
Intellectual Property Notice
Each item of Content is protected by copyright and other intellectual property rights which are either owned by Bicoastal.com, LLC or licensed to it by a third party. The site may also contain other proprietary notices (such as trademarks, service marks, trade names, and moral rights) and copyright information, the terms of which must be observed and followed. Unless otherwise stated, all of the Content of this Site is copyright Bicoastal.com, LLC 14 Hampshire Road, Madison, CT 06443. All Rights Reserved. Where downloads of third party software are made available on the site, they are owned by the third party licensor in question, and will be subject to any terms and conditions applied by the relevant third party.
Bicoastal.com, LLC permits you to use the Site and its Content for informational purposes only on an individual computing device having a single central processing unit. You may download to a local hard drive and print extracts from the Site. You are not otherwise entitled to use, copy, distribute, or transmit any of the Content, or to incorporate any of it into any web site (except by way of linkage in accordance with Link to Us) or other work whatsoever, nor may you broadcast, publish, or facilitate any public performance of Content. Any use of Content from this web site must be for informational purposes only and in no instance be used for commercial purposes of any kind. Unless otherwise stated, no Content from this web site can be altered in any way.
Disclaimer Notice
All materials provided by this web site and any other materials which are referenced by or linked to this web site are provided “as is” without warranty of any kind. Bicoastal.com, LLC hereby disclaims all warranties and conditions with regard to any materials provided by this web site or any other materials which are referenced by or linked to this web site including but not limited to all implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement.
Accuracy of Content Notice
Bicoastal.com, LLC makes no representations about the suitability of the information delivered from this web site or any other materials which are referenced by or linked to this web site for any purpose. Bicoastal.com, LLC does not warrant the accuracy, quality, content, or legality of any materials provided by this web site or any other materials which are referenced by or linked to this web site. Bicoastal.com, LLC may update or make changes to the materials provided by this web site at any time without notice; however, Bicoastal.com, LLC makes no commitment to update the information contained herein.
Liability Notice
In no event shall Bicoastal.com, LLC be liable for any special, indirect, incidental, consequential damages or for damages of any kind arising out of or in connection with the use or performance of information contained in any materials provided by this web site or in any other materials which are referenced by or linked to this web site, under any theory or liability used.
Personal information
You may provide certain personal information to us through this Site. Our Privacy Policy governs our use of the personal information you provide.
Jurisdiction and Venue Notice
You agree that any legal action brought against Bicoastal.com, LLC shall be governed by the laws of the State of Connecticut and by the courts of Connecticut without regard to its conflict of laws principles.
If Bicoastal.com, LLC makes any changes to this Agreement, your use of the Site and any its Content following the date of that change will be governed by the changed Agreement.
Message and Discussion Boards
On parts of this web site, you may be enabled to interact with other users or with Bicoastal.com, LLC through message and discussion boards. Our Message and Discussion Boards Policy governs your use of these features. Remeber that the success of boards depends on the goodwill and responsible behavior of all users.
Message and Discussion Boards Policy
This Agreement governs your access and use of the service (the "Service") of message and discussion boards on Bicoastal.com, LLC's website. In consideration for your right to access and use the Service, you and Bicoastal.com, LLC agree as follows:
1. Acceptance of Terms
By using the Service, you agree to be bound by the terms of this Agreement and any modifications made to it in accordance with Section 17 below.
2. The Service
You understand and agree that the Service is provided "as-is" and that Bicoastal.com, LLC assumes no responsibility for, among other things:
(a) any service outages or interruptions;
(b) the unavailability of particular boards, features, or aspects of the Service;
(c) the inability to access the Service;
(d) the failure or inability to post materials to the Service;
(e) the deletion of materials posted to the Service; or
(f) the failure to store materials posted to the Service.
3. Content Accessible on the Service
The Service contains a variety of materials (the "Content") that users post. Please use caution and common sense when viewing these materials. You understand and agree that any Content posted on the Service is the exclusive responsibility of the person who posted it, and that you will be solely responsible for any Content that you post or otherwise transmit via the Service. You acknowledge that Bicoastal.com, LLC is not responsible for, does not control, does not endorse, and does not verify the Content posted to the Service or available through the service, and that it makes no guarantee regarding the reliability, accuracy, legitimacy, or quality of any such Content. You agree that you will bear any and all risk of reliance on the accuracy, validity, or legitimacy of such Content. Under no circumstances will Bicoastal.com, LLC be liable in any way to you for any Content, including, but not limited to, any errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of any Content posted or otherwise transmitted via the Service. You acknowledge that Bicoastal.com, LLC does not pre-screen Content, but agree that Bicoastal.com, LLC shall have the right (but not the obligation) to access boards and remove or restrict access to any Content on the Service in its sole discretion and without notice or compensation. Without limiting the foregoing, Bicoastal.com, LLC shall have the right to access boards and remove or restrict access to any Content that violates this Agreement or that Bicoastal.com, LLC believes is otherwise objectionable.
You acknowledge and agree that Bicoastal.com, LLC may preserve or disclose any Content if it reasonably believes disclosure is required by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce this Agreement;
(c) respond to claims that any Content violates the rights of third parties; or
(d) protect the rights, property, or personal safety of Bicoastal.com, LLC, its users, and the public.
4. License Granted to Bicoastal.com, LLC
You grant Bicoastal.com, LLC the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt, distribute, and publish any Content you post or contribute to the Service, for the purposes of displaying such information on Bicoastal.com, LLC site and for the promotion and marketing of Bicoastal.com, LLC. However, Bicoastal.com, LLC will not resell, attempt to resell, or otherwise convey these rights to any third party.
5. User Conduct
You agree to not use the Service to:
(a) violate or solicit the violation of any applicable local, state, national, or international law;
(b) infringe on the rights of any third party including, but not limited to, intellectual property rights and privacy or publicity rights;
(c) post, email, or otherwise transmit any Content that:
(i) is unlawful, threatening, harassing, abusive, tortious, inflammatory, defamatory, obscene, libelous, or invasive of another's privacy;
(ii) consists of instructional information on illegal activities;
(iii) violates or infringes in any way upon the proprietary rights of others;
(iv) constitutes pornography, or sexual material of an obscene nature or that violates local, state, or national laws;
(v) is the private information of another such as their addresses, phone number, social security number or credit card number; or
(vi) you do not have a right to post or transmit due to contractual or other legal obligation.
(d) impersonate any person or entity, including, but not limited to, a Trustees of Reservations official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(f) interfere with or disrupt the Service, computer servers, or boards accessible through the Service; or
(g) disseminate off-topic messages on boards advertising or promoting any product, service, web site, board, or venture, or promote boards on the Service through unsolicited electronic mail messages to third parties.
If you do use the Service to commit any of the above, Bicoastal.com, LLC may, at its sole discretion, terminate your password, account (or any part of it), or ability to use the Service, and remove and discard any Content within the Service.
6. Disputes
You are solely responsible for your interactions with other users of the Service. Bicoastal.com, LLC reserves the right, but has no obligation, to monitor disputes between you and other users of the Service.
7. Limitations, Conditions, and Rules Regarding Service
You agree that Bicoastal.com, LLC may establish, in its sole discretion, any limitations, conditions, or rules concerning use of the Service, including, for example, the maximum number of messages a user may post to the Service in a given day, the number of days that posted messages will be available, or the maximum size of a given post. You acknowledge that Bicoastal.com, LLC has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
8. Modification and Termination of Service
Bicoastal.com, LLC reserves the right at any time and from time to time to modify or discontinue, temporarily, or permanently the Service (or any part of it) with or without notice. You agree that Bicoastal.com, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. You agree that Bicoastal.com, LLC, in its sole discretion, may terminate your password, account (or any part of it) or ability to use the Service, and remove and discard any Content within the Service, for any reason or for no reason, including, without limitation, for lack of use, or for violating the letter or the spirit of this Agreement. You agree that any termination of your access to the Service may be immediate and without prior notice. You further agree that Bicoastal.com, LLC shall not be liable to you or any third-party for any termination of your use or ability to access the Service. Specific reasons for such limitation or termination include, but are not limited to, reproducing, distributing, republishing, or retransmitting material posted by other users without the prior permission of such users.
9. Other Web Sites and Resources
Third parties using the Service may provide links or access to other web sites and resources. Because Bicoastal.com, LLC has no control over such sites and resources, you acknowledge and agree that Bicoastal.com, LLC is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bicoastal.com, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
10. No Resale, Redistribution, or Reproduction of Service or Content
You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, use of the Service, access to the Service, or any of the Content accessible through the Service, other than Content as to which you hold the intellectual property rights.
11. Disclaimer of Warranties
You expressly understand and agree that:
(a) Your use of the Service is at your sole risk. The Service is provided on an “as-is” and “as-available” basis. Bicoastal.com, LLC expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
(b) Bicoastal.com, LLC makes no warranty that:
(i) the Service will meet your requirements;
(ii) the Service will be uninterrupted, timely, secure, or error-free; and
(iii) the information that may be obtained from the use of the Service will be accurate or reliable.
(c) Any materials obtained through the use of the Service is obtained and used at your sole risk and discretion and you will be solely responsible for any damage to your computer system or loss of data that results from any such material.
(d) No advice or information, whether oral or written, obtained by you through or from the service shall create any warranty by Bicoastal.com, LLC.
12. Limitation of Liability
You expressly understand and agree that Bicoastal.com, LLC shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if Bicoastal.com, LLC has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the Service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the Service.
13. Indemnity
You agree to indemnify and hold Bicoastal.com, LLC, and its subsidiaries, affiliates, officers, agents, employees, and contractors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the law, this Agreement, or the rights of another.
14. Notices
Notices to you may be made via either e-mail or regular mail. Bicoastal.com, LLC may also provide notices of changes to this Agreement or the Service by displaying notices or links to notices to you generally on the Service.
15. Legal Disputes
This Agreement and your relationship with Bicoastal.com, LLC shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and Bicoastal.com, LLC agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. Modification
We may amend this Agreement at any time by posting the amended terms at www.thetrustees.org. All amendments shall automatically be effective once they are posted. Your use of the Service following the posting of any modifications shall constitute your binding acceptance of those modifications.
17. General
This Agreement constitutes the entire agreement between you and Bicoastal.com, LLC with respect to the Service and supersedes all prior agreements and understandings between you and Bicoastal.com, LLC. Bicoastal.com, LLC's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder.