Terms of Use

Please read these terms and conditions carefully before using this ProutsNeck.org website ("this site," or "our site").

By using this site, you accept these Terms & Conditions of Use ("Terms & Conditions") and our Privacy Policy, which can be accessed using the following link (“Privacy Policy”). Your agreement to be bound by and adhere to these Terms & Conditions and Privacy Policy, is a prerequisite to use of our site. The Privacy Policy is incorporated by reference and will be considered a part of these Terms & Conditions. We reserve the right to modify or amend these Terms & Conditions from time to time without notice. If you continue to use our site after we post changes to these Terms & Conditions, it will mean that you accept those changes.

This site is provided as an informational service only. We attempt to provide quality information, but make no claims, promise, or guarantee about the timeliness, accuracy, completeness, or adequacy of the information contained in or linked to this site. Information provided on this site is provided “AS IS” without warranty of any kind, either express or implied. We reserve the right to add, delete, change, improve, update, or otherwise modify the information on this site without notice.

If you are under 18 years of age, your use of this site is not permitted unless you are an emancipated minor or have legal parental or guardian consent to accept these Terms & Conditions and are fully able to abide by them.

Community Guidelines

You agree not to submit, upload, or post any content to this site which (1) libels, defames, invades privacy, or is obscene, pornographic, abusive, harmful to minors, or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to violating anyone's copyrights, patents, trade secrets, trademarks, trade names, or other proprietary right of a third party, or would otherwise give rise to civil liability; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law or regulation; (5) contains viruses, corrupted files, or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or which disseminates any junk mail, spam, chain letters, schemes, or other form of such solicitation; or (7) is false, deceptive, or misleading.

Security

Your confidential use of this site cannot be guaranteed by ProutsNeck.org. ProutsNeck.org shall not be responsible for any harm that you or any person may suffer as the result of a breach of confidentiality with respect to information you transmitted to the site. Please see our Privacy Policy for more information.

Account Registration and Security

You need to create an account to access some features or areas of this site. When creating your account, you must provide accurate and complete information. You are solely responsible for any and all uses of your account, and you must keep your password secure. You agree that you will never use the account of another user. You must notify ProutsNeck.org immediately if you suspect any unauthorized use of your account. Although ProutsNeck.org will not be liable for any unauthorized use of your account, you may be liable for the losses of ProutsNeck.org or others due to such unauthorized use.

Intellectual Property

The information, data, text, images, graphics, and other content provided on this site are the property of ProutsNeck.org, its affiliates, or its licensors, and are protected by copyright, trademark, and other intellectual property laws.

Outside Links

ProutsNeck.org is not responsible for the privacy practices or the content of any off-site pages or any other sites linked to this site. Such linked sites are for your convenience only and you access them at your own risk.

Warranty Disclaimer and Limitation of Liability

ALL CONTENT ON THIS SITE IS PROVIDED SOLELY FOR INFORMATIONAL PURPOSES. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT COULD INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS. ALL CONTENT AND FUNCTIONALITY ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. PROUTSNECK.ORG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CORRECTNESS, ACCURACY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT.

IN NO EVENT SHALL PROUTSNECK.ORG, ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, OR AGENTS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY CLAIM, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PROUTSNECK.ORG IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE FOREGOING WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND WILL SURVIVE THESE TERMS & CONDITIONS AND YOUR USE OF THIS SITE.

Activity Disclaimer

This site relates to water recreation activities. It is your personal and exclusive responsibility to ensure that the activity is appropriate for you, that you have researched the activity in all of its aspects, and that you have proper training, equipment, and physical conditioning to safely participate in the activity. ProutsNeck.org and contributors to this site are not responsible for any harm to persons or property that results from your use of this site, including without limitation use of any content on this site.

Indemnity

You agree to defend, indemnify and hold harmless ProutsNeck.org, its officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, proprietary, or privacy right; or (iv) any claim that one of your submissions to the site caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.

General Provisions

You agree that this site shall be deemed solely based in Maine, and that this site shall be deemed a passive website that does not give rise to personal jurisdiction over ProutsNeck.org, either specific or general, in jurisdictions other than Maine. These Terms & Conditions shall be governed by and construed according to the laws of the state of Maine, as they are applied to agreements entered into and to be performed entirely within Maine. Any claim or cause of action arising out of or relating to this shall be brought only in the state or federal courts in the District of Maine, and you consent to jurisdiction of such courts for the purpose of litigating such actions.

Whenever possible, each provision of these terms shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is deemed prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of these terms.

These Terms & Conditions and the incorporated Privacy Policy represent the entire agreement between us relating to your use of this site. These terms may not be modified by you, in writing or otherwise, unless agreed to in a written document signed by ProutsNeck.org

These Terms & Conditions, and any rights and licenses granted hereunder, may not be assigned by you, but may be assigned by ProutsNeck.org without restriction.

ProutsNeck.org has the right, in its sole judgment, to block access from a particular Internet address or to suspend or terminate a user's account for violations of these Terms & Conditions. In addition, ProutsNeck.org reserves the right to seek all remedies available at law and in equity for violations of these Terms & Conditions.