TOU/Privacy

Comments Section Terms of Use

Acceptance of Terms.  Thank you for joining the online environmental commentary and news discussion  Comments section (the “Comments section”) designed to connect you and other socially and environmentally involved participants (upon registration, collectively “Members” and individually, each a “Member”) to communicate with us, westernviews.org., (“Us,” “We,” “Our,” or “WV”), and other Members about the latest environmental news and happenings throughout the West and the nation.  Please read these terms of use (“Terms of Use”) carefully, as they constitute a binding, legally enforceable agreement between you and us governing your access to and use of the Comments section and to any other content made available via the website located at www.westernviews.org (the “Website”).  of Use. BY ACCESSING, BROWSING, OR OTHERWISE USING THE Comments section OR the website, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO (A)THESE TERMS OF USE; (B) the terms and conditions of the Privacy Policy available at www.Westernviews.org, the terms of which are incorporated herein by reference. 

Member Registration.  In order to use certain features of the Website, including the Comments section, and to post any comment, opinion, information or other content, such as images or other data, you will first have to create an account (“Member Account”). To create your Member Account, you must provide true, accurate, current and specific registration information, including your e-mail address (collectively, the “Registration Data”) and you agree to update the Registration Data to keep it current and maintain a valid email address at all times. For more information on how we may use your Registration Data, please carefully read our Privacy Policy at www.Westernviews.org.  As part of the registration process, you will select a user name and password for your Member Account. You may not (i) select or use the name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a user name that we, in our sole discretion, deem inappropriate or offensive.

Member Account, Password, and Security.  You must maintain the confidentiality of your user name and password.  You are solely responsible for any and all use of your Member Account, whether by you or any people using your Member Account. You agree to immediately notify us of any unauthorized use of your Member Account or any other breach of security.  Although we will not be liable for your losses caused by any unauthorized use of your Member Account, you may be liable for our losses or the losses of others due to such unauthorized use.

License.  WV grants you a personal, limited, non-transferable and non-exclusive right and license to use the Comments section and Website on a single computer. Your right to use the Comments section and Website is personal to you and you are expressly prohibited from copying, altering, modifying, or distributing the Comments section and Website, in whole or in part, unless your first obtain WV’s express written authorization.  WV MAY REVOKE ANY OF THE FOREGOING RIGHTS, AS WELL AS ANY WV MEMBER ACCOUNTS, PASSWORDS, AND/OR ACCESS TO, OR FEATURES OR FUNCTIONS OF, THE COMMENTS SECTION AND WEBSITE, WV CONTENT AND/OR MEMBER CONTENT AT ANY TIME AND WITHOUT PRIOR NOTICE.

Term; Termination.  These Terms of Use, and any revisions to these Terms of Use, shall remain in full force and effect while you are a Member.  You may terminate your Member Account at any time, for any reason. You understand and agree that the termination of your Member Agreement is your sole right and remedy with respect to any dispute with WV arising out of, related to, or in connection with, either directly or indirectly, your use of the Website, or Comments section.  WV may terminate or suspend your membership at any time, for any or no reason, with or without prior notice or explanation, and without liability.  Even after a membership is terminated, this entire Agreement will remain in effect.

Member Content.  The Comments section allows you to post information, provide feedback and comments, and otherwise interact with other Members, either through postings or by interacting in real-time.  As a condition of your being permitted to create a Member Account, you agree to abide by any and all rules that we publish in connection with the Comments section from time to time and at our sole discretion, including but not limited to, any prohibitions on use of the Comments section for any unlawful purpose and the Comments section Guidelines set forth below.  In compliance with Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) and Section 230 of the Communications Decency Act, we reserve the right, but not the obligation, to conduct a limited review of all Member Content for the sole purpose of identifying and rejecting Member Content containing content which is in violation of the “Comments section Guidelines” set forth in Section 9 below. We have no liability for any information, comment, remark or content made available in the Comments section by another Member.  You acknowledge that all information, data, text, opinions, photographs, graphics, messages, or other materials opinions, statement, recommendation, offers, advice or other information presented or disseminated on the Comments section (“Member Comment”) are the sole responsibility their respective authors who are solely liable as the publisher thereof.  If you post Member Content via the Website, you shall, and hereby do, agree and acknowledge that such Member Content resides on our systems, networks, or servers solely at your direction in accordance with restrictions imposed on us as an online service provider under Section 512(c) and/or 512(d) of the Digital Millennium Copyright act of 1998.  This means that you, and not WV, are entirely responsible for all Member Content that you upload, post, transmit or otherwise make available via the Comments section, including any personally identifying information you post and for any logos or marks of any persons, entities and/or companies included in such Member Content. We do not endorse, approve or otherwise assume any responsibility for any Member Content, including any advice or recommendation.  By using the Comments section, you may be exposed to Member Content that is offensive, indecent, harmful, inaccurate, deceptive, or objectionable.  Under no circumstances will WV be liable in any way for any Member Content, including, but not limited to, for any errors or omissions in any Member Content, or for any loss or damage of any kind incurred as a result of the use of any Member Content posted, transmitted or otherwise made available via the Comments section. You agree that you must evaluate and bear all risks associated with the use of any Member Content, including any reliance on the accuracy, completeness, or usefulness of such Member Content.  Please be aware that the Comments section is public and, as such, you acknowledge that you have no expectation of privacy with respect to any Comment you submit; if you post any personal information, you may receive unsolicited messages from other Members. WV reserves the right, but not the obligation, in its sole discretion, to refuse to post or remove any Member Content at any time for any reason.  When you post Member Content on the Service, your user name will be visible to other Members and attached to the Member Content that you posted.  Please be aware that if you post personal information online that is accessible to other Members, you may receive unsolicited messages from such Members.  You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use, copy, store, publish, display, and distribute any Member Content you post via the Website or Comments section or have the written consent, release, and permission of each and every identifiable individual person included in such Member Content to use their name or likeness. The functionality provided to you by Comments section and the Website is not an archive and we shall have no liability to you or any other person for loss, damage, or destruction to your Member Content, Registration Data, or any other information submitted by you.  You are solely responsible for preventing any loss or damage to and (maintaining independent archival and backup copies of any Member Content you submit.

If you believe that any Content infringes your intellectual property rights, please send WV’s Copyright Agent a notification of claimed infringement with the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Service (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature.  WV’s Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent: info@westernresources.org.   For clarity, only notices of alleged copyright infringement should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Website. You acknowledge that in order for WV to be authorized to takedown any Content, your notice must comply with all of the requirements of this Section.

License Grant to Member Content.  By submitting Member Content to the Comments section, you grant, to WV, its affiliates and its and their successor’s and assigns, a worldwide, exclusive, royalty-free, sublicenseable, perpetual and transferable license to use, host, reproduce, distribute, combine with information provided by third-parties, prepare derivative works of, display, and perform the Member Content, alone, or as a part of other works, in any form, media, or technology, whether now known or hereafter developed, including, without limitation, (a) the right to modify, publish, prepare derivative works from, and publicly display the Member Content, alone or as part of any other work, in any form, media, or technology, whether now known or hereafter developed, and (b) the exclusive right to license or otherwise transfer any or all such rights to any other party.  WV may use any Member Content or license such Member Content to others for any purpose, including, without limitation, for reproduction, disclosure, transmission, publication, broadcast and posting. No compensation will be paid or due you with respect to such use of the Member Content.

Comments section Guidelines.  In addition to any other rules or restrictions which we may impose at any time in our sole discretion, you may not post, upload, transmit or otherwise make available via the Comments section, any Member Content that:

(a)   is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, racially offensive, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;

(b)   solicits personal information from anyone;

(c)   publicly posts private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers information, or that otherwise poses or creates a privacy or security risk to any person;

(d)   constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

(e)   constitutes or promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

(f)    constitutes unsolicited or unauthorized advertising or solicitation, promotional materials, “junk mail,” “chain letters,” instant messaging, “spimming,” “spamming,” or “pyramid schemes”;

(g)   contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

(h)   constitutes, furthers, promotes, or provides instructions for any criminal or illegal activity or enterprise, violates the rights of any party, or otherwise creates liability or violates any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, drug use or would violate the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ, making or buying illegal weapons, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices, violating someone’s privacy, or providing or creating computer viruses;

(i)    solicits passwords or personal identifying information from other Members;

(j)    involves commercial activities, political campaigning, and/or sales such as contests, sweepstakes, barter, advertising, or pyramid schemes;

(k)   includes any information, photograph, or video of another person that you have posted without that person’s consent;

(l)    is misleading or deceptive, including falsely stating or otherwise misrepresenting your affiliation with a person or entity;

(m)  infringes or violates any patent, trademark, trade secret, copyright, privacy right, publicity right, contract right, or any other rights of any third-party;

(n)   you do not have a right to make available under any law or under contractual or fiduciary relationships; or

(o)   contains software viruses, worms, spyware, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

(p)   that is unrelated to the topic of the Comments section; or

(q)   that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying Comments section or the Website, or which may expose WV or its affiliates or its customers to any harm or liability of any type.

  1. Limitations on Use.  You shall not engage in any of the following activities in connection with your use of the Website or Comments section:

(a)     criminal, illegal, or tortious activity;

(b)     advertising, political campaigning, fundraising, or solicitation, of any kind;

(c)     circumventing, modifying, or interfering with, attempting to circumvent, modify, or interfere with, or encouraging or assisting any other person in circumventing, modifying, or interfering with any security measures or technology that is part of or related to the Website or Comments section;

(d)     activity that involves the use of software viruses, worms, spyware, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

(e)     any automated use of the Website or Comments section;

(f)      damaging, disabling, disrupting, overburdening, or impairing the Service or interfering with any other party’s use and enjoyment of the Website or Comments section;

(g)     impersonating or attempting to impersonate another Member, person or entity;

(h)      using any information obtained from the WV Service in order to harass, abuse, or harm another person or entity, or attempting to do the same;

(i)       allow usage of the Website or Comments section by others in such a way as to violate these Terms of Use;

(j)      take any steps to interfere with or in any manner compromise any security measures employed by the Website or Comments section;

(k)     use the Website or Comments section for fraudulent purposes;

(l)       collect any information about other Members;

(m)   sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to the WVs Services, your Member Account, or your password to any third-party;

(n)     engage in the practices of “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other information from the Service; or

(o)     attempt to decompile, reverse engineer, disassemble, modify, hack, or create derivative works from the Comments section and Website, or defeat or overcome any encryption and/or digital rights management technology implemented with respect to the Comments section and Website.

Intellectual Property Ownership.  Unless otherwise protected by First Amendment rights or otherwise noted, all text, content and documents on the Website and Comments section, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website and the Comments section, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website and Comments section, including Member Content submitted by other Members (the “Content”) are owned by WV or used with permission or under license from a third party, including other Members, (collectively, “Content Suppliers”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws.  As between us and you, all right, title and interest in and to the Website or Comments section and any Content (excluding Member Content submitted by you) will remain the sole property of WV and/or the applicable Content Supplier.  You may not copy, use, or incorporate any Content, including any artwork, trademarks or logos, into any other work, including your own site, or use such Content in any other public or commercial manner

Indemnification.  You hereby agree to indemnify, defend and hold harmless WV, and WV’s suppliers (including Content Suppliers), shareholders, parents, subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys’ fees and costs (whether brought by third parties or otherwise) relating to or arising out of: (a) your use of the Website or Comments section; (b) your breach of any representations, warranties or covenants in these Terms of Use; (c) any Member Content posted or transmitted by you on or through the Website or Comments section; (d) your acts and omissions; and (e) your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. WV reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter; provided, however, that you will use best efforts to cooperate with WV in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of WV or any of WV’s suppliers (including Content Suppliers), affiliates, partners, subsidiaries and employees.

Information for California Residents.  We can be contacted at info@westernresources.org . You may contact WV at the foregoing address with complaints or to request additional information. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at (916) 445-1254.

DISCLAIMER OF WARRANTIES. YOUR USE OF THE WV WEBSITE, AND ANY PORTION THEREOF, IS AT YOUR SOLE RISK. THE WEBSITE AND COMMENTS SECTION, AND ALL CONTENT, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED FROM OR THROUGH SUCH, ARE PROVIDED, “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Should applicable law not permit the foregoing exclusion of express or implied warranties, then WV hereby grants the minimum express or implied warranty required by such applicable law. No advice or information, whether oral or written, obtained by you from WV, its employees, agents, suppliers or any other persons shall create any warranty, representation or guarantee not expressly stated in this section.  WV AND WV’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) MAKE NO WARRANTY THAT THE WEBSITE OR COMMENTS SECTION, OR ANY PORTION THEREOF: (i) WILL MEET YOUR REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, AND FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, AND (iii) OR WILL MEET YOUR EXPECTATIONS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR COMMENTS SECTION IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY.  IN NO EVENT WILL WV OR ANY OF WV’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, loss of data, income, profit or goodwill, loss of or damage to property and claims of third parties arising out of your access to or use of the WEBSITE OR COMMENTS SECTION or arising out of any action taken in response to or as a result of any Content or other information available on OR VIA THE WEBSITE OR COMMENTS SECTION, however caused, whether based on breach of contract, tort (including negligence), proprietary rights infringement, product liability or otherwise. The foregoing shall apply, EVEN IF WV OR ANY OF WV’S SUPPLIERS (INCLUDING CONTENT SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If you become dissatisfied in any way with the WEBSITE OR COMMENTS SECTION OR ANY PORTION THEREOF or THIS Terms of Use or OUR Privacy Policy, your sole and exclusive remedy is to stop your use of WEBSITE OR COMMENTS SECTION. You hereby waive any and all claims against WV and its affiliates, agents, representatives and licensors arising out of your use of the Website.  Because some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, these provisions may not apply to you. If any portion of this limitation on liability is found to be invalid or unenforceable for any reason, then  WV’S AGGREGATE LIABILITY TO YOU OR ANY THIRD-PARTY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS OF USE EXCEED $100.00. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. The limitation of liability herein is a fundamental element of the basis of the bargain and reflects a fair allocation of risk. The WEBSITE OR COMMENTS SECTION would not be provided without such limitations and you agree that the limitations and exclusions of liability, disclaimers and exclusive remedies specified herein will survive even if found to have failed in their essential purpose

No Framing; Links; Third Party Sites.  Framing, in-line linking or other methods of association with the Comments section or Website are expressly prohibited without prior written approval from WV.

Notice.  From time to time, we may revise these Terms of Use.  To help you stay current of any changes, WV takes the following two steps: (a) we note the date the Terms of Use was last updated below and (b) when we make a change to these Terms of Use, we will post conspicuous announcements of such changes on the homepage of the Website for 30 days following the date the Terms of Use was updated. Your use of the Website or Comments section following the posting of any revised Terms of Use shall be deemed acceptance of the revised policy.  We strongly recommend checking Terms of Use periodically. We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to you by email or by postings within your Member Account. You will be solely responsible for keeping your email addresses updated and we will not be responsible for any undelivered notices caused by your failure to do so.

Choice of Law; Venue; Trial by Jury.  By using the Comments section or the Website, you agree and acknowledge that the Website is hosted in and provided from the State of Colorado, U.S.A.  If you are attempting to access the Comments section or the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Comments section or the Website, you are transferring your personal information to the United States and you consent to (a) such transfer; (b) the exclusive jurisdiction of the courts of the State of Colorado; and  (c) the application of the laws of the State of Colorado, U.S.A., with respect to any dispute arising from or related to these Terms of Use and/or your use of the Website or Comments section, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the State of Colorado.  Any claim or dispute between you and us that arises in whole or in part from your use of the Website or Comments section, or in connection with these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (RISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS OF USE.

General.  If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use will continue in effect. A printed version of these Terms of Use and any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. WV may assign these Terms of Use, in whole or in part, at any time with or without notice to you. You will not assign these Terms of Use, by operation of law or otherwise, without prior written approval of WV, and any such attempted assignment will be void. Subject to the foregoing, these Terms of Use will be binding upon and inure to the benefits of the parties hereto, their successors and permitted assigns. The failure of WV to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use sets forth the entire understanding and agreement between WV and you with respect to the Website or Comments section, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and WV with respect to the Website or Comments section. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. Each party is an independent contractor and not an agent or representative of any other party. No party will have any right or authority to create any obligation or make any representation or warranty in the name or on behalf of any other party. These Terms of Use will not be interpreted or construed to create an association, joint venture or partnership between the parties or to impose any partnership obligation or liability upon any party. The parties acknowledge and agree that these Terms of Use may be entered into electronically, and without the necessity of written signatures.

Please contact us at info@westernresources.org with any questions regarding these Terms of Use.

USE OF, READING THIS WEBSITE IS ACCEPTANCE OF THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

 

 

 

westernviews.org PRIVACY POLICY

Effective Date: July 30, 2012

LAST REVISED: July 30, 2012

 

Thank you for visiting our website located at [www.westernviews.org] (the “Website”) designed to connect you and other participants (upon registration at the Website, collectively “Members” and individually, each a “Member”) to communicate with each other and with the owners of the Website, (“Us,” “We,” “Our,” or “WV”), about recent news events, political happenings and other First amendment protected issues of public interest.  This privacy policy explains how we may use and protect personal information we may gather from you when you access the Website (“Privacy Policy”).  Our Terms of Use [www.westernviews.org] are incorporated herein by reference and form an essential part of this Privacy Policy and describe the terms and conditions governing your access to and use of the Website.  Your use of the Website, and continued use of the Website following any changes to this Privacy Policy, signifies your consent to be legally bound by both the terms and conditions of this Privacy Policy and those set forth in our Terms of Use.  If you do not agree to the terms of this Privacy Policy, please do not use the Website or provide any information to us or to any Member via the Website.

 

WHAT INFORMATION IS COLLECTED

We may collect two types of information from you: (a) personally identifiable information that you voluntarily provide when creating an account (“Personal Information”) and (b) indirect and/or aggregate information that we may collect as a result of your use of, and interaction with, the comments section or Website (“Usage Information”).

 

PERSONAL INFORMATION

When you create your account or request to access certain features or complete specific transactions via the comments section or Website, you may be asked to provide Personal Information, which may include but is not limited to your:

  • name
  • e-mail address
  • user name and password

 

You may choose not to provide your Personal Information, however creating an account is a prerequisite for using the full functions of the Website, including the ability to participate in the Comments section (as defined below).

 

Usage Information

When you visit the Website, we may collect certain kinds of Usage Information, including: (a) session cookies, which are removed upon closing your browser, and persistent cookies, which may be used by your browser on subsequent visits to the site, to uniquely identify your computer, (b) “log files” that automatically record certain information that your web browser sends whenever you visit any website, and which may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time of your request, and (b) “clear GIFs” or “Web Beacons” or “Pixel Tags,” which track anonymous, aggregate online metrics and help us analyze the effectiveness of our marketing campaigns by measuring click-thru, email open, and/or response rates.  We may work with our service providers to help us track, collect and analyze this information.    

 

HOW COLLECTED INFORMATION IS USED

We use the information we collect for the following purposes:

  • To service your account with us, respond to your questions and contact you when necessary.
  • To assist us in providing better products and services.
  • To help us to operate, maintain and improve our systems and our Website.

 

If, at any time, you do not agree with or consent to this Privacy Policy, your sole remedy is to elect not to register with the Website or to terminate an existing registered account.  Please be aware, however, that terminating a registered account does not obligate us to delete any Personal Information or Usage Information currently maintained in our systems, networks or servers.  We may retain your information for commercially reasonable periods of time or in accordance with specific policies or as required by law.  Information collected for a specified purpose will only be used for that purpose and, after a commercially reasonable period of time, will no longer be actively stored when that purpose has been fulfilled.  Inactive data may, however, continue to be used for statistical, marketing, archiving, and other analytical purposes.

 

WITH WHOM THE INFORMATION MAY BE SHARED

We may disclose the information we collect from and about you: (a) when we have reason to believe that such disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or those of other Members, or anyone else who could be harmed by such activities or as appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend against any third-party claims or allegations, and/or to protect the security or integrity of our Website or the Comments section; (b) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law, or in the good-faith belief that such action is necessary to comply with state and federal laws; (c) to our business partners for research, analytical and marketing purposes, such as analyzing usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Website or the comments section and/or to our subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on our behalf; (d) to certain third parties for administrative, technical support or other business purposes as necessary to facilitate our transactions with you, analyze our data or to maintain and improve our services; or (e) otherwise with your consent.  We may sell or buy other businesses or entities.  In such event, we may transfer or assign the information we have collected as part of such merger, acquisition, sale, or other change of control  In such transactions, your Personal Information may be one of the transferred business assets.  Also, in the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used and your personal information may be one of the transferred assets.  \  Under the laws of some jurisdictions, you may be entitled to request disclosure regarding how we share your Usage Information with third parties for direct marketing purposes (“Information-Sharing Disclosure”).  To the extent required by applicable law, we shall provide the Information-Sharing Disclosure to you upon rightful request made in writing to WV at info@westernresources.org. Except as explained above, we will not share any of your personal information with any third party, unless we have received your express permission to do so.

 

LINKED SITES

Our Website, including the comments section, may contain links to other website which may have privacy policies that differ from our own.  We are not responsible for the collection, use or disclosure of information collected through such websites and expressly disclaim any liability related to such collection, use or disclosure. We are also not responsible for any information or content contained on such websites.  Links to other websites are provided solely as a convenience.  Your browsing, use and interaction on any other websites, including websites which have a link to our Website, are subject to that website’s own rules and policies.  Accordingly, we recommend that you review the privacy policy posted on any website that you may access through, or which links to, our Website.

 

CHILDREN’S PRIVACY

This Website, including the comments section, is not directed to, and we do not knowingly collect personal information from, children under the age of 13.  We recommend that parents actively participate in their children’s use of the Internet.  If you are under 13 years of age, you are expressly prohibited from using or accessing our Website, including any section or function of the Comments section, at any time or in any manner.  If you believe that a person under 13 may have registered an account with our Website or otherwise provided Personal Information via the Comments section or that the Personal Information of any person under 13 has been posted or made available via the Comments section, please contact us at info@westernresources.org

We reserve the right to suspend or terminate your account and/or your access to our Website or Communtiy at any time if (a) we have reason to believe that you are under the age of 13 and you have provided Personal Information without obtaining your parents’ consent; (b) we have reason to believe you have breached our Terms of Use and/or Privacy Policy or that your conduct violates applicable law or is otherwise harmful to our interests of those of any other third parties; (c) we decide to cease operation of and/or provision of any applicable products or services in connection with the Website; or (d) we have reason to believe that you are under 18 years of age and have registered an account.  We are committed to complying with the Children’s Online Privacy Protection Act of 1998 (“COPPA”).  If you are under 18 years of age do not use our website

 

CHOICES YOU CAN MAKE ABOUT YOUR INFORMATION

By adjusting the settings in your browser, you can refuse to accept cookies or give yourself the opportunity to accept or reject cookies, or receive notice of cookies.  In addition, software programs are available that block cookies.  Blocking certain cookies will also block the use of certain pixel tags.  Please note that refusing cookies may impinge or block altogether your user experience by eliminating personalization or other features.

 

SECURITY INFORMATION

Your email transmissions and/or other communications containing Personal Information may be unlawfully intercepted or accessed by third parties and/or our Website may be subject to hostile network attacks or administrative errors.  Accordingly, we cannot and do not guarantee the security of any information transmitted over the Internet.  Once we receive your information, we take steps that we believe are commercially reasonable to limit access to personal information about you to those employees and service providers whom we determine need access to that information to provide the requested products or services and/or other offers or opportunities that may be of interest to you.  However, even after your information is received by us, we can not guarantee that your Personal Information may not be accessed, disclosed, altered, or destroyed as a result of a breach of our commercially reasonable efforts or as a result of any other event beyond our reasonable control.  Accordingly, we cannot and do not guarantee that your Personal Information is completely secure and safe from such risks.  In addition, the Website provides certain interactive features that permit you to post responses or comments in connection with certain news stories or posts (the “comments section”). You should never post personal information in any Forum, WE CANNOT AND WILL NOT BE RESPONSIBLE FOR THE SECURITY OR PRIVACY OF ANY INFORMATION THAT YOU POST IN A FORUM.  BY POSTING INFORMATION IN A FORUM, YOU ARE MAKING SUCH POSTING PUBLICLY AVAILABLE TO ALL VISITORS TO THE WEBSITE AND MAY SUBJECT YOURSELF TO ADDITIONAL RISK AND RECEIPT OF UN SOLICITED MAIL FROM ANY SUCH VISITOR. WV EXPRESSLY PROHIBITS THE POSTING OF ANY PERSONALLY IDENTIFIABLE PERSON, YOURSELF OR OTHERWISE, IN A FORUM.  For the avoidance of doubt, WE expressly disclaim any representation or warranty, whether express or implied, with respect to ensuring, guaranteeing or otherwise offering any definitive promise of security in connection with your PERSONAL Information or Usage Information.

 

Special Note to International Users

By using the comments section or the Website, you agree and acknowledge that the Website is hosted in and provided from the State of Colorado, U.S.A.  If you are attempting to access the comments section or the Website from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the comments section or the Website, you are transferring your personal information to the United States and you consent to (a) such transfer; (b) the exclusive jurisdiction of the courts of the State of Colorado; and (c) the application of the laws of the State of Colorado, U.S.A., with respect to any dispute arising from or related to these Terms of Use and/or your use of the Website or Comments section, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the State of Colorado.  Any claim or dispute between you and us that arises in whole or in part from your use of the Website or comments section, or in connection with these Terms of Use shall be decided exclusively by a court of competent jurisdiction located in the State of Colorado, U.S.A.  Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.  EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (RISING OUT OF, UNDER OR IN CONNECTION WITH THIS PRIVACY POLICY.

Changes and updates to this Privacy Policy

From time to time, we may revise this Privacy Policy.  To help you stay current of any changes, we do the following two things: first, we note the date this Privacy Policy was last updated below, so you know if it has changed since your last visit; second, when we make a change to this Privacy Policy, we post conspicuous announcement of such changes on the homepage of this website for 30 days following the date this Privacy Policy was updated. Your use of any portion of the Website, including the comments section following the posting of any revised Privacy Policy shall be deemed acceptance of the revised Privacy Policy, so we strongly recommend that you check back periodically to review this Privacy Policy.  If, and only if, we makes revisions to this Privacy Policy that result in a material lessening of the restrictions on our use or disclosure of your Personal Information, We will make a commercially reasonable attempt to obtain your consent before implementing such revisions with respect to such Personal Information.  If you disagree with the terms of any Privacy Policy at any time, your sole remedy is to terminate your use of the Website and inform us of such termination as described in this Privacy Policy.  Continued use of any portion of the Website, including the Comments section, constitutes your agreement to any Privacy Policy as in effect.

Contact Information:

If you have any questions or comments with respect to this Privacy Policy, your rights hereunder, or your opt-in or opt-out choices, please contact us at info@westernresources.org




 

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