These terms give resource professionals and landowners license to use the Northern Institute of Applied Climate Science (“NIACS”) Adaptation Workbook Tool (“Tool”). The Tool is an adaptive management process enabling land managers to consider climate change in their land management practices. This tool enables land managers to develop actions that will help cope with climate change impacts. The Tool does not provide specific recommendations, but rather serves as a decision support tool for incorporating climate adaptation considerations into management. NIACS is not responsible for any actions executed after using this tool. Users are asked to use their experience and knowledge when executing land management tactics at their own discretion. These terms also provide rules of conduct for all users of the Tool. You should read these terms before registering to use the Tool.
Adaptationworkbook.org Terms and Conditions
In order to use Adaptationworkbook.org (“Site”), you, the user must agree to these Terms and Conditions and Privacy Policy. The Terms and Privacy Policy constitute a binding agreement between you, the user and the Northern Institute of Applied Climate Science, hereafter referred to as “NIACS”, the owner/operator of the Site. Many websites and documents referenced on this Site are sourced through public agencies and that are publicly funded, therefore content on this Site will generally be freely available for use. We encourage users to contact the NIACS Climate Change Response Framework Coordinators with further inquiries about products and projects, and how to appropriately give credit to source authors where applicable.
NIACS reserves the right to modify or amend these Terms at any time and at our sole discretion. If NIACS makes changes to these Terms, we will provide notice of such changes, such as by sending an email, by providing notice through the Site or by updating the "Last Updated" date at the top of these Terms. If the user continues to use of the Site, this will confirm an acceptance of the revised Terms. We encourage each user to frequently review the Terms to ensure that there is a clear understanding of the terms and conditions that apply to personal use of the Site If you, the user do not agree to any amended Terms, you must stop using the Site.
Questions or comments regarding the Site or these Terms should be directed by electronic mail to Contact Us.
Eligibility, Registration, and Account
In order to access and use certain features or areas of the Site, the user may need to register for or create an account or provide a name or email address. The information submitted will be used in accordance with our Privacy Policy, the terms of which are incorporated herein. Each submission of information and documents to the Site and/or use of the Tool constitute an affirmation THAT YOU, the USER HAVE READ AND AGREE TO ALL OF THESE TERMS. In consideration of use of the Site, the user agrees to (a) provide accurate, current and complete account information; (b) maintain and promptly update account information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to NIACS; and (d) promptly notify NIACS if you discover or otherwise suspect any security breaches related to the Site.
The Tool is not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, or under the age of legal majority under applicable law, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Site, you represent and warrant that you (a) have not been previously suspended or removed from the Site; and (b) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.
Digital Rights and Copyright
Most information presented on the Site is considered public domain information. Public domain information may be freely distributed or copied with reference to the source, but use of appropriate byline/photo/image credits is requested. Some materials on the Site are protected by copyright, trademark, or patent, and/or are provided for personal use only. Such materials are used with permission, and we have made every attempt to identify and clearly label them. The user may need to obtain permission from the copyright, trademark, or patent holder to acquire, use, reproduce, or distribute these materials. References on our Site and/or Tool, to any specific commercial product, process, or service by trade name, trademark, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by NIACS. Moreover, such third parties do not endorse, sponsor, and are not affiliated with NIACS.
Use of Site
The Site is a decision support tool for use in collaboration between colleagues in accordance with these Terms. Any other use of the Site is strictly prohibited, including without limitation, any of the following:
- taking any action to interfere with the operation of the Site;
- taking any action to (or attempting to) reverse engineer, download, copy or modify the Site in any way;
- using the Site for any inappropriate or unlawful purpose;
- uploading any Content onto the Site that is defamatory, threatening, obscene, harassing, infringing or otherwise unlawful; and/or
- removing or modifying any copyright, trademark or other proprietary notices from the Site
NIACS fully encourages users of this site to share information about adaptation plans with co-workers, colleagues, and others. Sharing outputs, screen shots and other material for public presentations, video recordings, and other outlets is permissible. However, no part of this Site and/or Tool may be reproduced, transmitted or otherwise made available in any form, by any means, electronic or mechanical, including any storage and retrieval system or copying the Tool on any public or distributed network, without prior written permission from NIACS.
Content Responsibility and Limitations
The user is solely responsible for the information, data, materials and any other content (“Content”) uploaded, posted or communicated to the Site. The user is responsible for obtaining any necessary permission for any third party Content. NIACS has the discretion to remove uploaded Content at any time; therefore, the user should maintain copies and/or records of uploaded Content. NIACS may also share Content in accordance with the Site’s Privacy Policy.
Minimum Requirements
This Tool is an online version derived from the published Forest Adaptation Resources: Climate Change Tools and Approaches for Land Managers. Users can request a pdf or print copy of this workbook here. Using the online Tool, the user understands this Tool operates online; an internet connection is required and Internet browser software is required. The following hardware and software are required or recommend in order to access and use the Tool: an Internet connection and the latest version of browser software, i.e., Internet Explorer, FireFox, or Chrome. These requirements and recommendations are subject to change.
Termination
NIACS reserves the right to immediately terminate the users access to the Site in the event of any violation of these Terms. In the event of any termination or expiration of access to the Site, and the option of the user, NIACS can provide all uploaded Content. Otherwise, Content will be removed or deleted immediately after termination or expiration of access to the Site.
NO WARRANTIES
THE SITE IS A DECISION SUPPORT TOOL. USERS MAY SHARE PROFESSIONAL INFORMATION AND LINKS TO EXTERNAL SITES AT THEIR DISCRETION. NIACS DOES NOT RECOMMEND PARTICULAR LAND MANAGEMENT STRATEGIES, APPROACHES OR TACTICS; NIACS MERELY PROVIDES A MENU OF OPTIONS FOR THE LAND MANAGER TO CONSIDER. NIACS IS NOT LIABLE FOR THE ACTIONS OF USERS AFTER USING THE WORKBOOK, USERS MUST USE THEIR OWN DISCRETION, KNOWLEDGE AND COMPETANCY WHEN CREATING AND EXECUTING LAND MANAGEMENT ACTIONS. NIACS DOES NOT CREATE AND HAS NO RESPONSIBILITY FOR ANY CONTENT UPLOADED BY USERS ON THE SITE, WHICH IS PROVIDED “AS IS” AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NIACS MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND/OR VALIDITY OF ANY SITE CONTENT. NIACS MAKES NO WARRANTY THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
Indemnification
The user agrees to indemnify, defend and hold NIACS, its affiliates, agents, officers, employees and licensors harmless from and against any and all claims and expenses, including without limitation reasonable attorney fees, in any way arising out of or related to use of the Site, a violation of these terms or any other law or regulation.
Limitation of Liability
THE USER AGREES THAT NIACS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM USE OF THE SITE OR ANY SITE CONTENT, REGARDLESS OF WHETHER SUCH DAMAGE, LOSS OR EXPENSE IS BASED IN TORT, CONTRACT OR OTHERWISE. IN NO EVENT SHALL NIACS BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE OR THE SITE CONTENT, REGARDLESS OF WHETHER NIACS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO AND, IN THAT EVENT, THE TOTAL AMOUNT OF NIACS’ LIABILITY TO YOU SHALL NOT EXCEED $100.00.
Governing Law and Jurisdiction
These terms of service are governed by the laws of the State of Michigan without reference to its conflict of laws provisions. The user agrees that any dispute related to the terms of service and/or arising out of use of the Site or the Site and/or Tool’s content shall be brought in the federal court sitting in the State of Michigan having jurisdiction thereof or the state circuit court in Houghton County, Michigan and the user waives any claim that such courts do not have personal jurisdiction or are an inconvenient forum. No claim or cause of action may have relating to the terms of service and/or arising out of the use of the Site or the Site and/or Tool content must be commenced within one (1) year after the claim or cause of action arises.
Trademark
Use of the NIACS logo is intended for the official use of the Northern Institute of Applied Climate Science only. The NIACS logo is expressly excluded from use to imply endorsement of a commercial product or service. The symbol or logo may not be may not be copied, imitated or used, in whole or in part, without the prior written permission of NIACS or the applicable trademark holder.
Links to Other Sites
The Site has links to many other Web sites. NIACS does not endorse, approve, certify or control any of those websites. Once the user has accessed another site through a link that we provide, the user is subject to the copyright and licensing restrictions of the new site. It is the sole responsibility of the user of this site, to carefully examine the content of the site and all linked pages for copyright and licensing restrictions and to secure all necessary permissions.
Entire Agreement
These terms of service constitute the entire agreement between you, the user and NIACS with respect to the Site and it supersedes any and all prior or contemporaneous communications. The failure of either party to require performance by the other party of any particular term shall not constitute a waiver of the term. The invalidity or unenforceability of any term shall not affect the remaining terms of service. A printed version of these terms of service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as any other business documents or records originally generated and maintained in printed form.