Terms of Service
Acceptance of Terms
The Anchorage Park Foundation ("APF") provides the Weed Warrior ("WW") program to you subject to the following Terms of Service Agreement ("Agreement") which may be updated by us from time to time without notice to you. By accessing and using WW, you accept and agree to be bound by the terms and provision of this Agreement.
Description of Weed Warrior
Weed Warrior is an initiative of APF to encourage Anchorage residents to claim patches of invasive plants, for the purposes of removing them. The WW website allows users to "adopt" a patch of invasive plants, or state that you intend to help pull out invasive plants from that area.
Unless explicitly stated otherwise, any new features that augment or enhance WW are covered by this Agreement.
If you choose to adopt a patch using the WW website, you are under no obligation and have no responsibility to actually shovel out that patch or any patch.
Termination of Obligations
If you provide any information that is untrue, inaccurate, offensive, not current, or incomplete, or APF has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current, or incomplete, APF has the right to suspend or terminate your account and refuse any and all current or future use of the WW services (or any portion thereof).
Accounts that consistently adopt patchs without weeding them may also be terminated.
Additionally, you agree that APF may, without prior notice, immediately terminate, limit your access to, or suspend your WW service. Cause for such termination, limitation of access, or suspension shall include but not be limited to:
- breaches or violations of this Agreement or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- discontinuance or material modification to WW (or any part thereof),
- unexpected technical or security issues or problems,
- extended periods of inactivity,
- engagement by you in fraudulent or illegal activities.
Further, you agree that all terminations, limitations of access, and suspensions for cause shall be made in APF's sole discretion and that APF shall not be liable to you or any third party for any termination of your account, any associated email address, or access to WW.
City Public Records Policy
Registration data, as well as data you submit using WW, are subject to all applicable City, State, and Federal public records laws.
You understand that all information entered by the user is the sole responsibility of the person from whom such Content originated. This means that you, and not APF, are entirely responsible for all Content that you submit or otherwise make available via WW. APF does not control the sign-in content posted and, as such, does not guarantee the accuracy, integrity, or quality of such Content. You understand that by using WW, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will APF be liable in any way 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 submitted or otherwise made available via WW.
We are under no obligation to enforce this Agreement on your behalf against another user. While we encourage you to let us know if you believe another user violated this Agreement, we reserve the right to investigate and take appropriate action at APF's sole discretion.
You agree to not use WW to:
- submit Content that is false or inaccurate;
- submit Content that does not generally pertain to the designated topic or theme;
- submit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- submit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- submit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of communication not relevant to specific City service requests;
- submit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another; or
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (a) through (k) above.
You acknowledge that APF may or may not pre-screen Content that is shared, but that APF and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via WW. Without limiting the foregoing, APF and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that APF may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service;
- protect the rights, property or personal safety of APF, its users and the public.
You may not attempt to override or circumvent any of the usage rules embedded into WW.
You may not trace any information of any other WW user or visitor or otherwise use WW for the purpose of obtaining information of any other WW user.
You may not attempt to gain unauthorized access to WW or the computer systems and networks connected to WW through hacking, password mining, or any other means.
You may not release the results of any performance or functional evaluation of WW to any third party without prior written approval of APF for each such release.
You may not take any action that imposes, or may impose, in APF's sole discretion, an unreasonable or disproportionately large load on APF's technology infrastructure or otherwise make excessive traffic demands of WW.
Interstate Nature of Communications on Weed Warrior
When you use the application, you acknowledge that in using WW, you will be causing communications to be sent potentially through a variety of networks (internet service provider, wireless phone network, etc.) As a result, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, you agree that use of the WW may result in interstate data transmissions.
Submissions to APF
By submitting feedback ("Submissions") to APF through the WW feedback function, you acknowledge and agree that:
- your Submissions do not contain confidential or proprietary information;
- APF is not under any obligation of confidentiality, express or implied, with respect to the Submissions;
- APF shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide;
- APF may have something similar to the Submissions already under consideration or in development;
- your Submissions automatically become the property of APF without any obligation of APF to you;
- you are not entitled to any compensation or reimbursement of any kind from APF under any circumstances.
You agree to indemnify and hold APF and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand (including reasonable attorneys' fees) made by any third party due to or arising out of:
- Content you submit or otherwise make available through WW,
- your use of WW,
- your connection to WW,
- your violation of this Agreement,
- your violation of any Rights of another.
Modifications to Weed Warrior
APF reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, WW (or any part thereof) with or without notice. You agree that APF shall not be liable to you or to any third party for any modification, suspension or discontinuance of the WW (or any part thereof).
APF may provide links to other World Wide Web sites or resources. You acknowledge and agree that APF is not responsible for the availability of such external sites or resources.
WW may facilitate your use of third party services not provided by APF ("Third Party Services"). APF makes no representations or warranties regarding the performance of such Third Party Services, their compliance with applicable laws and regulations, or any other aspects of such Third Party Services. Your use of Third Party Services is at your own risk and you are solely responsible for complying with all legal and contractual requirements necessary for using Third Party Services.
APF's Proprietary Rights
You acknowledge and agree that WW contains proprietary and confidential information that is owned by APF and protected by applicable intellectual property and other laws. You will not use such proprietary information in any way whatsoever except for use of WW in compliance with the provisions of this Agreement.
Disclaimer of Warranties
You expressly understand and agree that:
- Your use of WW is at your sole risk. The application is provided on an "as is" and "as available" basis. APF expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
APF and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors make no warranty that:
- WW will meet your requirements;
- WW will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of WW will be accurate or reliable;
- any errors in the software will be corrected;
- WW will be free from corruption, viruses, hacking, or other security intrusion.
Limitation of Liability
You expressly understand and agree that APF shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses resulting from:
- Your access to or use of or inability to access or use the services;
- any conduct or content or any third party on the services, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties;
- any content obtained from the services;
- unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not APF has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You expressly agree that APF is not responsible for any contact or interaction between you and any other user of WW and that you bear the sole risk of transmitting through the application any content, including information which identifies you or your location.
You agree that the negation of damages set forth above is a fundamental element of the basis of the bargain between APF and you and that the foregoing limitation of liability is an agreed upon allocation of risk between you and APF. You acknowledge that absent your agreement to this limitation of liability APF would not provide WW to you.
APF may provide you with notices regarding WW, including changes to this Agreement, by email, SMS, text message, postings on WW, or any other reasonable means now known or hereafter developed. Notices shall be effective immediately.
Such notices may not be received if you violate this Agreement by accessing the WW in an unauthorized manner. You agree that you will be deemed to have received any and all notices that would have been delivered had you accessed WW in an authorized manner.
You represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to accept and agree to be bound by the terms and provisions of this Agreement.
If you have agreed to allow your minor child, or a child for whom you are legal guardian ("Minor"), to use WW, you agree that you shall be solely responsible for:
- the online conduct of such Minor,
- monitoring such Minor’s access to and use of WW, and
- the consequences of any use of WW by such Minor.
Governing Law and Venue
This Agreement is governed by the laws of the State of Alaska without regard to any conflict of law provisions. You agree that any claim or dispute with APF relating in any way to your use of WW shall be brought exclusively before a state or federal court sitting in Anchorage, Alaska, and you irrevocably waive any jurisdictional, venue, or inconvenient forum objections to such courts.
This Agreement constitutes the entire agreement between you and APF with respect to your use of WW, superseding any prior version of this Agreement between you and APF with respect to WW.
If any provision of this Agreement shall be unlawful, void, or unenforceable, then that provision shall be deemed severed from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement.
APF's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
You agree that any cause of action arising out of or related to your use of WW must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Last updated April 21, 2013.