Terms of Service for Maple Forest Registry
Effective Date: October 26, 2023
Website: MapleForestRegistry.com
Welcome to Maple Forest Registry ("the Registry," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the MapleForestRegistry.com website and any related services, features, content, or applications offered by Maple Forest Registry (collectively, the "Services").
Please read these Terms carefully before using our Services. By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Services.
1. Acceptance of Terms
1.1. By accessing, browsing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations.
1.2. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" will refer to that entity.
1.3. We reserve the right to modify or update these Terms at any time at our sole discretion. All changes are effective immediately upon posting to the website. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
2. Description of Services
2.1. Maple Forest Registry provides an online platform dedicated to the registration, cataloging, verification, and celebration of maple trees and maple forests. Our Services may include, but are not limited to:
- User-submitted registry entries for individual trees or forest stands.
- Educational resources about maple species, silviculture, and conservation.
- Community features, forums, or user-generated content.
- Digital certificates or recognition for registered trees/forests.
- Related e-commerce, donations, or promotional activities.
2.2. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, database, or content, without prior notice or liability.
3. User Accounts and Registration
3.1. Certain features of the Services may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2. You are responsible for safeguarding your account password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.
3.3. We reserve the right to refuse service, terminate accounts, or remove or edit content in our sole discretion.
4. User Conduct and Responsibilities
4.1. You agree to use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To impersonate or attempt to impersonate Maple Forest Registry, a Maple Forest Registry employee, another user, or any other person or entity.
- To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm the Registry or users of the Services.
- To submit false, misleading, or fraudulent information to the registry.
- To upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Services.
- To collect or track the personal information of others.
- For any obscene or immoral purpose.
4.2. You are solely responsible for all content you submit, post, display, or otherwise make available through the Services ("User Content"). You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe on the intellectual property, privacy, or other rights of any third party.
4.3. By submitting User Content, you grant Maple Forest Registry a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and our business.
5. Intellectual Property Rights
5.1. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Maple Forest Registry, its licensors, or other providers and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2. The "Maple Forest Registry" name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Maple Forest Registry or its affiliates or licensors. You must not use such marks without our prior written permission.
5.3. These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as generally enabled by the Services' features.
6. Privacy and Data Protection (GDPR Notice)
6.1. Your privacy is important to us. Our Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our Services. Please review it carefully.
6.2. For Users in the European Economic Area (EEA), United Kingdom, and Switzerland: Maple Forest Registry acknowledges and complies with the provisions of the General Data Protection Regulation (GDPR).
6.3. Lawful Basis for Processing: We process your personal data on the following lawful bases: (a) your consent (e.g., for marketing communications); (b) the performance of a contract with you (e.g., to provide the Services you request); (c) compliance with a legal obligation; and (d) our legitimate interests, provided such interests are not overridden by your rights and interests.
6.4. Your Data Protection Rights: Under the GDPR, you have the right to:
- Access: Request copies of your personal data.
- Rectification: Request correction of inaccurate or incomplete data.
- Erasure: Request deletion of your personal data under certain conditions.
- Restrict Processing: Object to or restrict the processing of your data under certain conditions.
- Data Portability: Request transfer of your data to another organization or to you.
- Object to Processing: Object to our processing of your personal data under certain conditions.
- Withdraw Consent: Withdraw your consent at any time where we relied on your consent to process your data.
6.5. Data Transfers: We are based in Canada. Your information may be transferred to and processed in countries other than your own. We ensure appropriate safeguards are in place for such transfers in accordance with applicable data protection laws.
6.6. Data Retention: We retain personal data only for as long as necessary to fulfill the purposes for which it was collected, including for legal, accounting, or reporting requirements.
7. Third-Party Links and Services
7.1. The Services may contain links to third-party websites or services that are not owned or controlled by Maple Forest Registry. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services.
7.2. You acknowledge and agree that Maple Forest Registry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such content, goods, or services available on or through any such third-party sites or services.
8. Disclaimers of Warranties
8.1. YOUR USE OF THE SERVICES AND THEIR CONTENT IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. MAPLE FOREST REGISTRY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
8.2. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.3. THE REGISTRY IS A CATALOGING AND EDUCATIONAL TOOL. WE DO NOT VERIFY OWNERSHIP OF REGISTERED TREES OR LAND, AND OUR REGISTRATION DOES NOT CONSTITUTE LEGAL TITLE, A LAND SURVEY, OR A CONSERVATION EASEMENT UNLESS EXPLICITLY STATED OTHERWISE IN A SEPARATE, FORMAL AGREEMENT.
9. Limitation of Liability
9.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAPLE FOREST REGISTRY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) 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 WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
9.2. OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED CANADIAN DOLLARS (CAD $100) OR THE AMOUNT YOU HAVE PAID TO MAPLE FOREST REGISTRY IN THE PAST SIX MONTHS.
10. Indemnification
10.1. You agree to defend, indemnify, and hold harmless Maple Forest Registry, its contractors, licensors, directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including any copyright, property, or privacy right; or (d) any claim that your User Content caused damage to a third party.
11. Termination
11.1. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever, including without limitation if you breach these Terms.
11.2. Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
12. Governing Law and Dispute Resolution
12.1. These Terms shall be governed and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.
12.2. Any dispute arising from or relating to these Terms or the Services will be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.
13. Severability
13.1. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
14.1. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Maple Forest Registry regarding our Services and supersede and replace any prior agreements we might have had between us regarding the Services.
15. Contact Information
If you have any questions about these Terms, wish to exercise your data protection rights, or need to contact us for any reason, please reach out at:
Maple Forest Registry
Email: legal@mapleforestregistry.com
Mailing Address: [Insert Registered Business Address, Ontario, Canada]
Thank you for being a part of the Maple Forest Registry community.