This page states the Terms and Conditions under which you may use this Web site (the “Site”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use the Web site. The National Park Foundation may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you.
Use of Site:
The National Park Foundation (“NPF”) authorizes you to view, use or download material displayed on this Site (the “Material”) solely for noncommercial, personal use only. If you download Material, you must retain all copyright and other proprietary notices displayed on the Materials. You may not sell, distribute, modify, reproduce, display, publicly perform, transmit, post, or otherwise use the content of this Site for public or commercial purposes without NPF’s written permission. The use of the Material on any other Web site or in a networked computer environment for any purpose is prohibited. You may not link or otherwise frame the materials on this Site without the express, written permission of NPF. If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of the Materials. NPF reserves the right to refuse service, terminate accounts, and cancel orders if we believe that your conduct violates these Terms.
Minimum Operating Requirements:
This site is designed to operate properly in both PC and MAC formats using Internet Explorer 8 and above.
All content on this Site, including text, graphics, logos, button icons, and images, and the design, sequence, selection and arrangement of such content is the exclusive property of National Park Foundation and is protected by U.S. and international copyright laws. All rights not expressly granted are reserved.
The trademarks, service marks, designs, and logos (collectively, the “Trademarks”) displayed on this Site are the registered and unregistered Trademarks of National Park Foundation and its partner organizations. Your use of the Trademarks displayed on this Site, except as provided in these Terms, is strictly prohibited.
Opinion, Feedback, & Other Submissions:
Users who have properly registered on this Site may post comments and opinions on the National Parks and other issues of general interest featured on this Site. Generally, any communication which you post to the Site (a “Posting”) is considered to be non-confidential. You agree that any and all information that you submit to this Site (a “Submission”), including any and all numerical votes and written comments, is the property of NPF and may be used by us for any purpose. By posting communications to the Site, you automatically grant NPF a royalty-free, perpetual, irrevocable, nonexclusive license to use, reproduce, modify, publish, edit, transfer, distribute, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, translate and reformat your Submission; publish your name in connection with your Submission; and the right to sublicense such rights through multiple tiers of sublicenses.
No compensation will be paid with respect to the use of your Submission, as provided herein. Microsoft is under no obligation to post or use any Submission you may provide and NPF may remove any Submission at any time in its sole discretion.
As a User, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another User or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
NPF does not represent or guarantee the truthfulness, accuracy, or reliability of any of communications post by other Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
NPF does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to this Agreement, NPF may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. NPF has no liability or responsibility to Users for performance or nonperformance of such activities. NPF reserves the right to expel Users and prevent their further access to the Site for violating this Agreement or the law and the right to remove communications which are abusive, illegal, or disruptive. Specifically, NPF reserves the right, in its sole discretion, to edit all submissions for appropriate content. NPF reserves the right at all times to disclose any information as NPF deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in NPF’s sole discretion.
The reviews published on this Site are based on public opinion surveys, with numerical ratings reflecting the average scores given by all survey participants who voted on each park site and text based on direct quotes from, or fair paraphrasing of, participants’ comments.
Links to Other Sites:
The Site may contain links to third-party Web sites. These links are provided solely as a convenience to you and not as an endorsement by NPF of the contents on such third-party Web sites. NPF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party Web sites, you do so at your own risk. When you click on one of the provided links, you are leaving the NPF’s Site to enter another site on the Web.
Your use of this site is at your own risk. The Material may contain inaccuracies or typographical errors. NPF makes no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. Changes are periodically made to the Site and may be made at any time.
NPF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THIS SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NPF IS NOT RESPONSIBLE FOR THOSE COSTS.
THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NPF AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. NPF AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS.
NPF DOES NOT CONTROL, NOR CAN CONTROL, THE FLOW OF DATA TO OR FROM INTERNET SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS CAUSED BY SUCH THIRD PARTIES MAY PRODUCE SITUATIONS IN WHICH YOUR CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF) MAY BE IMPAIRED OR DISRUPTED AND NPF CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NPF DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. NPF SHALL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY CLAIMS OR DAMAGES THAT YOU MAY SUFFER OR THAT MAY BE SUFFERED BY ANY SUCH THIRD PARTY INCLUDING, WITHOUT LIMITATION, ANY AND ALL LOSSES OR DAMAGES OF ANY AND EVERY NATURE, RESULTING FROM THE LOSS OF DATA, INABILITY TO ACCESS THE INTERNET, OR INABILITY TO TRANSMIT OR RECEIVE INFORMATION, CAUSED BY, OR RESULTING FROM, DELAYS, NON-DELIVERY, OR SERVICE INTERRUPTIONS WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF NPF. NPF SHALL NOT BE RESPONSIBLE FOR THE SITE’S NOT BEING ACCESSIBLE ON THE INTERNET DUE TO CIRCUMSTANCES NOT IN THE DIRECT CONTROL OF NPF SUCH AS, WITHOUT LIMITATION, YOUR EQUIPMENT CAPABILITIES OR LIMITATIONS OR INTERNET SERVICE PROVIDER LIMITATIONS. NPF SHALL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR UNAUTHORIZED DISSEMINATION OF ANY DATA, WHETHER AS A RESULT OF DEFEAT OF DATA SECURITY, MISAPPROPRIATION OR MISUSE OF PASSWORDS, OR ANY OTHER CAUSE NOT IN THE DIRECT CONTROL OF NPF.
YOU SPECIFICALLY AGREE THAT NPF SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SITE. YOU SPECIFICALLY AGREE THAT NPF IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT NPF IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN THE SITE BY ANY THIRD PARTY.
Limitation of Liability:
Unless otherwise expressly agreed to by NPF, the aggregate liability for NPF to you for all claims arising from the use of the Material and/or the Site is limited to $25.00.
Pursuant to Title 17, United States Code, Section 512(c)(2), if you believe that your work has been copied in a way that constitutes copyright infringement, please provide NPF’s agent (listed below) the following information, in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon; (ii) identification of the copywritten work that is alleged to have been infringed upon or, if more than one, a representative list; (iii) identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the Site; (iv) a sufficient means for NPF to contact you, such as your address, telephone number, and e-mail address (if available); (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement; and (vi) a statement by you, made upon penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. NPF’s copyright agent for notice of claims of copyright infringement can be reached at [email protected].
You agree to defend, indemnify and hold NPF, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from your use of the Material and the Site or your breach of the terms of this Agreement. NPF shall provide you notice promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export Material (including any software downloaded from the Site) to countries or persons prohibited under the export control laws. By downloading the Material (including any software), you are agreeing that you are not in a country where such export is prohibited or are a person or entity to which such export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any Material from the Site.
Any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration in Washington, D.C., United States of America, pursuant to the J.A.M.S./ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties’ respective amounts of liability. Except where clearly prevented by the subject matter of the dispute, both parties will continue performing their respective obligations under this Agreement while the dispute is being resolved. Notwithstanding the foregoing, NPF shall have the right to institute an action in any court or tribunal in the event you infringe NPF’s proprietary rights or breach your restricted use obligations of the Site and its Material.
The Site is based in Washington, DC. NPF makes no claims the Material is appropriate or may be downloaded outside of the United States. Access to the Material (including any software) may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any changes to this Agreement must be made in writing, signed by an authorized representative of NPF. This Agreement constitutes the entire and complete agreement between you and NPF with respect to the use of the Site and its Material superseding all prior and contemporaneous agreements, representations, statements and writings relating to its subject matter.
The National Park Foundation, publisher of findyourpark.com and its related content and services, believes that electronic privacy is crucial for the ongoing success of the Internet as a communications medium. On occasion, The National Park Foundation will make available to potential partners aggregated results from research it has conducted on the findyourpark.com visitor base. The National Park Foundation will only provide such demographic information on an aggregated basis and as a policy does not disclose individual visitor information.
The Information We Collect:
Notwithstanding the foregoing, whenever The National Park Foundation sponsors any contest or sweepstakes or other promotion (each a "Promotion"), any personally identifiable information ("PI") you may submit as a participant in such Promotions will be used and archived in the National Park Foundation’s Raiser’s Edge database and otherwise in accordance with the rules, terms and conditions or other procedures of each such Promotion. National Park Foundation may use the PI to contact you to (i) provide you with information and news from the National Park Foundation, (ii) to request charitable donations or (iii) to advertise other Promotions. National Park Foundation may share the PI with third parties who are involved with the Promotion. Such third parties may contact you in accordance with their own privacy policies. By entering the Promotion, you agree to the foregoing description of how PI may be used. If you read the rules of any given Promotion and do not wish to be contacted by the National Park Foundation or the third parties involved in the Promotion, you may opt-out by not entering the Promotion. The National Park Foundation will not sell PI or otherwise transfer PI to third parties except as stated in this Policy. If, in the future, The National Park Foundation collects or archives PI on an individual basis in circumstances other than for Promotions, such a Policy change will be posted on the Site. If at any time you wish to correct/add/remove the PI submitted to this Site, please contact us at [email protected].
The National Park Foundation will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on The National Park Foundation or the Site; (b) protect and defend the rights or property of The National Park Foundation or the Site; and (c) act under exigent circumstances to protect the personal safety of users of the Site or the public.
The National Park Foundation does not knowingly solicit or collect personally identifiable information online from children under the age of 13 without prior verifiable parental consent except where otherwise permitted under The Children's Online Privacy Protection Act and FTC Rule; e.g., for contests, online newsletters, homework help and electronic postcards.
If The National Park Foundation learns that a child under the age of 13 has submitted personally identifiable information online, in contravention of these measures, it will take all reasonable measures to delete such information from its databases and to not use such information for any purpose (except where necessary to protect the safety of the child or others or as required by law).
The National Park Foundation and third-party vendors, including Google, use first-party cookies and third-party cookies together to report how ad impressions, third-party audience data, other uses of ad services, and interactions with these ad impressions and ad services are related to site traffic, and to advertise online using Remarketing with Google Analytics and the Google Display Network. Site visitors can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings.
Each time a visitor comes to findyourpark.com, information is collected to improve the overall quality of this Site. The National Park Foundation collects the visitor's domain name/IP Address (e.g., whether the user is logged on from netscape.com or yale.edu or 255.255.255.0), referral data (e.g., we record the address of the last URL a user visited prior to clicking through to findyourpark.com), and browser and platform type (e.g., a Netscape browser on a Macintosh platform). The National Park Foundation also counts, tracks, and aggregates the visitor's activity into our analysis of general traffic flow at findyourpark.com (e.g., tracking where traffic comes from and how traffic flows within this Site).
The National Park Foundation may merge this information into group data, which may then be shared on an aggregated basis with potential partners. This non-identifying site usage data is used for internal purposes and may also be provided to others, but again, the statistics contain no personal information and cannot be used to gather such information. Except as stated in this policy, The National Park Foundation will not disclose your individual identity or personal data. When The National Park Foundation does present aggregated information to potential partners, no one will be able to identify you or contact you.
Registration on this Site is strictly voluntary. The National Park Foundation secures your personal information from unauthorized access, use or disclosure. As set forth above, physical, electronic and managerial procedures have been employed to safeguard the security and integrity of all personal information required for registration, subscriptions or purchases on this Site. National Park Foundation does not share your personal information with any third parties, except as described above in connection with Promotions.
Credit Card Security:
All consumer transactions and purchases on this Site are transmitted in a secured environment using VeriSign 128-bit Secure Socket Layer (SSL) encryption. This ensures that all transactions and purchases you send to us via the World Wide Web will be encrypted. If any other Internet user intercepts the communication, he/she will only be able to see it in an encrypted (garbled) form.
Changes to this Statement:
The National Park Foundation will occasionally update this Statement of Policy to reflect company and customer feedback. When The National Park Foundation posts changes to this Statement, you will see the work “updated” next to the Privacy Statement link on the front page of the Site. If there are material changes to this Statement or in how The National Park Foundation will use your personally identifiable information, The National Park Foundation will prominently post such changes prior to implementing the change. The National Park Foundation encourages you to periodically review this Statement to be informed of how The National Park Foundation is protecting your information.