Terms of Service

Welcome to the website of the Lake Chelan Earth Day Fair. This Terms of Use Agreement (“Agreement”) constitutes a legally binding contract between Lake Chelan Earth Day Fair (“LCEDF,” “we,” “us,” “our”) and you with respect to your use of our website https://www.chelanearthdayfair.org, and the Information and Services (each as defined below) (collectively, the “Website”). It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may apply to you.

We reserve the right at any time, with or without cause, to:

  • change the terms and conditions of this Agreement
  • change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website
  • deny or terminate your use of and/or access to the Website.

Any change(s) we make will be effective immediately upon our making such change(s) available on the Website or otherwise providing notice thereof. You agree that your entering, re-entering, or continuing to use the Website thereafter constitutes your acceptance of such change(s). You hereby acknowledge that you have carefully read all of the terms and conditions of our Privacy Policy (which can be accessed at https://www.chelanearthdayfair.org/privacy) and agree to all such terms and conditions, which are hereby incorporated by reference into this Agreement. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

Our Mission

We are a non-profit focused on broadening and diversifying the environmental movement locally and worldwide, and mobilizing it as the most effective vehicle for promoting a healthy, sustainable environment (our “Mission”). The Website is designed, and all uses of the Website are intended, to be in furtherance of our Mission.

Permitted Use of Services and Information

The services made available on, by or through the Website, which include or may include, without limitation, LCEDF membership, involvement in LCEDF events, use of the LCEDF organizing tools, on-line donations, as well as any information provided on, by or through the Website or as part of or in connection with the Services or otherwise, including but not limited to news updates, data, text, graphics, designs, logos, images, audio/visual materials, links and references (collectively, the “Information”), are provided for personal use only and not for any for-profit or commercial purpose or for resale. Without the written consent of LCEDF, no Information or any other LCEDF materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
LCEDF will allow you to view and print a reasonable number of copies of information, documents and web pages located on the Website for your own personal use, but not for any for-profit or commercial purpose or for resale; provided that (i) you must retain all trademark, copyright, and other proprietary notices contained in the original materials, (ii) you must provide attribution to LCEDF, and if possible provide a reference to the Website, (iii) the material must be printed in its entirety without modification, reformatting or adaptation of any kind, (iv) any such copies are subject to the terms and conditions of this Agreement and remain the property of LCEDF, and (v) you agree to advise any person to whom you share the materials as to this Agreement and they must agree to abide by this Agreement. You understand and agree that you may not authorize any Information to be reproduced, modified, displayed, performed, transferred, distributed, or otherwise used by any third party, and you agree that you will take all reasonable steps to prevent any unauthorized reproduction and/or other use of the Information. You agree to advise LCEDF promptly of any such unauthorized use(s) of which you are aware. Failure to abide by these conditions will immediately terminate this permission and may result in the infringement of the copyrights and/or trademarks and other proprietary rights of LCEDF or others.

Registration

Browsing of the Website’s public pages is provided free of charge to any person. However, access to certain functionalities of the Website will require you to register with and/or provide certain information to LCEDF. We reserve the right to decline to provide Services to any person for any or no reason. If and when you register with or provide information to LCEDF, you agree to (a) provide accurate, current, and complete information about yourself as prompted (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current, and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to remove such information from the Websit,e terminate this Agreement and your use of the Website, Services, and/or Information. You understand that any information you provide will be treated by LCEDF in the manner described in our Privacy Policy, which can be found at https://www.chelanearthdayfair.org/privacy.

Third Party Links

The Website may contain links to other websites for your convenience. We do not control the linked websites or the content provided through such websites, and we have not reviewed, in their entirety, such websites. Your use of linked websites is subject to the privacy practices and terms of use established by the specific linked website, and we disclaim all liability for such use. The fact that we offer such links does not indicate any approval or endorsement by us of any linked website or any material contained on any linked website, and we disclaim any such approval or endorsement. Further, descriptions of, or references to, third-party products, services, or publications within the Website do not imply endorsement of, and we are not responsible for and disclaim any endorsement of, any such product, service, or publication. Further, it is up to you to take precautions to ensure that whatever links you select are free of such items as viruses, worms, Trojan horses, date or time bombs, and other items of a destructive nature.

Acceptable Use Policy

You agree not to use the Information, Services or the Website to take any action(s) that:
 (a) are contrary to LCEDF’s public image, goodwill, reputation or otherwise not in furtherance of our Mission; 
(b) infringe on our or any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
 (c) express or imply that any of your statements, activities or causes are endorsed by us, without our prior written consent in each instance;
 (d) violate any applicable law, statute, ordinance or regulation, or encourage any conduct that could constitute a criminal offense or give rise to civil liability;
 (e) are libelous, defamatory, threatening, harassing, invasive of privacy, abusive, tortious, hateful, discriminatory, pornographic or obscene; (
f) transmit any trade secret or other material, non-public information about any person, company or entity without the authorization to do so;
 (g) restrict or inhibit any other visitor from using the Website, including, without limitation, by means of “hacking” or defacing any portion of the Website;
 (h) modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or disassemble any portion of the Website or Information; 
 (i) remove any copyright, trademark, or other proprietary rights notices contained in or on the Information, Website, or Services; (
j) sublicense, sell, rent, lease, transfer, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the Information or content of the Website, or any portion thereof, in any manner whatsoever;
 (k) “frame” or “mirror” any part of the Website without our prior written authorization;
 (l) distribute any virus, worm or other similar or deleterious files, scripts or programming routines;
 (m) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of LCEDF or its licensors or suppliers; 
(n) involve the preparation or distribution of junk mail, spam, chain letters, pyramid schemes, or other deceptive or unsolicited bulk or commercial email, or otherwise violate in any way the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003);
 (o) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents, authentication and security measures;
 (p) forge headers or otherwise manipulate identifiers in order to disguise the origin of any submission;
 (q) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the Website’s servers or any data not intended for you; and/or 
(r) harvest or collect information about Website visitors or members without their express consent.

Improper use of the Information, Services, and Website may result in termination of your access to and use of the Website, and/or civil or criminal liabilities.

Vendor Registration and Online Donations

To register for the yearly fair or make online donations, you must submit the necessary contact and payment information, which includes or may include, without limitation, your name, billing and shipping addresses, credit card or other payment information, and email address. You understand that any such information will be treated by us in the manner described in our Privacy Policy, which can be found at https://www.chelanearthdayfair.org/privacy. By providing such information to us by any means (e.g., email, fax, telephone, mail, etc.), you agree that all such information will be accurate, current, and complete, and that you have the lawful right to provide such information to LCEDF for use in processing your orders or receiving your donations via the Website. In order to register or make online donations, you must be 18 years of age or older. By using the Website’s payment methods (e.g., VISA, Mastercard, PayPal, etc.), you confirm that you possess the legal authority to enter into the conditions of use for the Website, including without limitation, instructing us or our authorized vendors to collect any payments from a credit or debit card, and to use the Website in accordance with this Agreement. You agree that you are responsible for all charges incurred by your use of the Website, and you expressly authorize our authorized vendors to charge the credit card (or other applicable payment mechanism) provided by you for any outstanding fees or costs due to us or any donations submitted online via the Website. You will also be responsible for paying any applicable taxes relating to your purchases.
Descriptions or images of, or references to, products or services on the Website do not imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to change the prices, fees associated with any product or service, to cancel or limit the order quantity on any product or service, to reject, correct, cancel, or terminate any order, and/or to refuse service to you for any or no reason. Verification of information applicable to a purchase may be required before we accept any order.
Once you have completed your purchase, an email confirming your order will be sent to the email address you provided. Please keep this e-mail as it is your sales receipt and order confirmation for products and/or services ordered, and it will include your order number.

All sales of merchandise through the LCEDF Store and all returns and exchanges are subject to our standard sales terms and conditions as outlined in this Agreement and/or on the Website. We reserve the right, without prior notification, to change our standard sales terms and conditions at any time.

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, ALL PRODUCTS PURCHASED THROUGH THE LCEDF WEBSITE ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LCEDF’S SOLE AND EXCLUSIVE LIABILITY FOR BREACH OF ANY WARRANTY OR OTHERWISE IN CONNECTION WITH ANY REGISTRATION SHALL BE TO REFUND THE PRICE IN ACCORDANCE WITH THE TERMS SET FORTH ABOVE.

Ownership

The Website is owned and operated by LCEDF and its licensors, and the Information and Services (and any intellectual property and other rights relating thereto) are and will remain the property of LCEDF and its licensors and suppliers. The Information and Services are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as outlined in this Agreement, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sublicense, sell, reverse engineer, decompile, or disassemble any part of the Website or any Service or Information without our prior written permission. The Information, Website, and Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by LCEDF or, if so indicated in writing by LCEDF, its licensors or suppliers. Use of the Website or any Services or Information for any other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Website or any Services or Information.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of LCEDF, LCEDF licensors and suppliers, and/or others. Nothing contained in this Agreement or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of LCEDF, LCEDF licensors or suppliers, or the third party owner of any such Trademark.

Parental Consent

You hereby represent and warrant that you are over the age of 13, as this Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. You further affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties outlined in this Agreement, and to abide by and comply with this Agreement.

LCEDF does not knowingly solicit data from children or knowingly market to children. We are concerned about the safety of children and their use of the Internet and in accordance with the U.S. Children’s Online Privacy Protection Act, we do not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. If we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from the Website as quickly as reasonably practical.

LCEDF wishes to inform you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the website of GetNetWise.org (http://www.getnetwise.org/).

Claims of Copyright Infringement

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by LCEDF infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LCEDF to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; seehttp://www.loc.gov/copyright for details. Notices and counter-notices with respect to the Website should be sent to:

By mail:
Copyright Designated Agent
1616 P Street NW, Suite 340
,
Washington, D.C., 20036

By email: contactus@chelanearthdayfair.org

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.