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A. Acceptance of Terms
The USDA Forest Service provides access to its site(s), through InfoHarvest .com, subject to the following Terms of Agreement (TOA), which may be updated by from time to time without notice to you.
When using particular Forest Service sites, you are also subject to any posted guidelines or rules applicable to such sites, which may be posted from time to time.
The Forest Service reserves the right, but undertakes no duty, to review, edit, move, or delete any material provided for display or placed on the site, in its sole discretion, without notice.
B. Access
The Forest Service provides users with access to this site to promote discussion by the public regarding development of an Environmental Impact Statement for the proposed Rosemont Copper Project.
You understand and agree that the site is provided “as is” and that the Forest Service assumes no responsibility for the timeliness, deletion, wrong delivery, or failure to store any user settings.
You are responsible for obtaining access to the site, and that access may involve third-party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the site.
Your use of the public site will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the site. Your failure to follow these rules might result in termination of your access to the site, without notice, in addition to other remedies.
The Forest Service does not endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on bulletin boards or otherwise contained in the site. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements, and does not represent the views of the Forest Service.
C. Participant Conduct
D. Registration
In consideration of your use of the site, you represent that you are of legal age to form a binding contract. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the site's registration form (the registration data) and (b) maintain and promptly update the registration data to keep it true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or the Forest Service has reasonable grounds to suspect that such information is untrue, inaccurate, out of date, or incomplete, the Forest Service has the right to suspend or terminate your access and refuse you future access to the site.
E. Privacy
You acknowledge, consent, and agree that the Forest Service 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: (a) comply with legal process; (b) enforce the TOA, (c) respond to claims that any content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of the Forest Service.
Please see the Privacy Policy at the bottom of the page.
F. Use of Material Supplied
Postings to and communications with the site are not private. You grant the Forest Service the unrestricted right to use, reproduce, modify, translate, transmit and distribute any material you supply or communicate to the site (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial uses, and to authorize others to do so.
You agree that the Forest Service is not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive, or illicit material.
G. Indemnification
You agree to indemnify the Forest Service and its affiliates, employees, agents, representatives, and contractors, and to hold them harmless from any and all claims and liabilities (including attorneys fees) that might arise from your submissions, from your unauthorized use of material obtained through the site, or from your breach of this Agreement, or from any such acts through your use of the site.
H. Disclaimer of Warranties
You acknowledge that you are using the site at your own risk. The site is provided "as is", and the Forest Service, affiliates and contractors hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the site. The Forest Service and its affiliates and contractors do not represent or warrant that access to the site will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the site.
The Forest Service and its affiliates shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages allegedly sustained arising out of your access to or inability to access the site, including for viruses alleged to have been obtained from the site, your use of or reliance on the site or any of the information or materials available on the site, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages.
Some States do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the above exclusions or limitations may not apply to you. You might also have other rights that vary from State-to-State.
I. Termination
The Forest Service has the right to terminate your ability to access the site, for any reason, without notice.
J. Entire Agreement
This Agreement is the complete and entire agreement between the parties and supersedes any prior agreement, whether written or oral.
If you don't agree to the terms contained in this Agreement, please exit the site. Please click the Back button on your browser to return to the previous page.
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