Terms of Service

Open Rivers, LLC (“Open Rivers,” “we,” “us,” or “our”) welcomes you and we invite you to access and use www.openrivers.org (Website).

We provide access to our Website subject to the following Terms of Service (“Terms”), which may be updated by us from time to time without notice to you. By using our Website, you accept and agree to be bound and abide by these Terms and by our Data Use Policy. If you do not agree to any of these Terms, then please do not use our Website.

Use of Our Website.

We provide users with access to our Website as described below:

  • Visitors. Visitors are people who do not register with us, but want to explore all publicly-available content on our Website or contact us via email. No login is required for Visitors.
  • Members. Members can do all the things that Visitors can do, and additionally access exclusive content available only to Members; create, access, manage, and update their own personal accounts and profile page on our Website; post comments on our Website; sign up for our various services, newsletters and products; and, purchase services and products through our Website.

Open Rivers is under no obligation to accept any individual as a Member and may accept or reject any Member registration in its sole and complete discretion. In addition, Open Rivers may deactivate any account at any time, including, without limitation, if we determine that a Member has violated these Terms.

Your Limited License.

You are granted a non-exclusive, non-transferable, revocable license to access and use our Website strictly in accordance with these Terms. As a condition of your use of our Website, you warrant to Open Rivers that you will not use our Website for any purpose that is unlawful or prohibited by these Terms.

Data Use Policy.

Your use of our Website is subject to the Open Rivers’ Data Use Policy. Please review our Data Use Policy, which also governs our Website and informs Visitors and Members of our data collection practices.

Your Account.

To register as a Member or use certain features of our Website, you may need to login with your username and password. You are responsible for maintaining the confidentiality of your username and password, and you are responsible for all activities, whether by you or by others, that occur under your username or password and within your account. You agree to notify us immediately of any unauthorized or improper use of your username or password or any other breach of security.

Community Guidelines.

Open Rivers believes in a mutually-uplifting community that is respectful and inclusive. In that spirit, you agree to adhere to the following community guidelines:

  • You will not demean, defame, abuse, harass, stalk, threaten or otherwise violate the legal rights or civil liberties of others.
  • You will not publish, post, upload, distribute or disseminate any information that promotes violence or contains hate speech (meaning: any content that attacks or demeans a group based on race, ethnic origin, nationality, religion, disability, disease, gender, age, veteran status, political affiliation, sexual orientation or gender identity.)
  • You will not publish, post, upload, distribute or disseminate any information that is defamatory, libelous, obscene, unlawful or invasive of another person’s privacy.
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • You will not harvest or disclose any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information, without their consent.
  • You will not upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents.
  • You will not upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
  • You will not use our Website in any manner which could damage, disable, overburden, or impair our Website, or interfere with any other party’s use and enjoyment of our Website.

Termination/Access Restriction.

Open Rivers reserves the right, in its sole discretion, to terminate your access to our Website and the related services or any portion thereof at any time, without notice.

Intellectual Property.

Our Website and all the information it contains, including, but not limited to, text, articles, resources, designs, photographs, videos, opinions, guides, trademarks, trade names, service marks and logos (collectively, “Content”) are the property of Open Rivers, its contributors, and licensors and is protected from unauthorized use, copying, distribution and dissemination by U.S. copyright law, trademark law, international conventions, and other intellectual property laws. 

You may use Content solely for your personal use, and make no other use of the Content without the express written permission of Open Rivers. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  

If you wish to make any use of the Content on our Website other than that set out in this section, please address your request by email to hello@openrivers.org.

Links to Third Party Sites.

Our Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Open Rivers and Open Rivers is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Open Rivers is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Open Rivers of the site or any association with its operators.

Children Under Thirteen.

Open Rivers does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use our Website only with permission of a parent or guardian.

Compliance with Applicable Laws.

Open Rivers and our Website is based in the United States of America (“USA”). We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the USA. Whether inside or outside of the USA, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

Indemnification.

You agree at all times to defend, indemnify and hold harmless Open Rivers, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these Terms or in any other agreement with us.

General Disclaimer.

Open Rivers provides the Content on our Website as a public service for educational and informational purposes only. Content contained in these pages is not intended to be, nor should it be taken as, professional financial, legal, medical or psychological advice. All information provided through our Website, our services and products is provided “as-is, where-is” and without any warranties of any kind. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with your use of our Website and its Content.

Warranties Disclaimer.

WE MAKE NO WARRANTIES AS TO OUR WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Arbitration.

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction.

Class Action Waiver.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL’S CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Open Rivers agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Changes to Terms.

Open Rivers reserves the right, in its sole discretion, to change these Terms. The most current version of the Terms will supersede all previous versions. Open Rivers encourages you to periodically review the Terms to stay informed of our updates.

Contact Us.

Open Rivers welcomes your questions or comments regarding these Terms. Please reach out to us by email or mail:  

Email Address: hello@openrivers.org
Mail: Open Rivers, 244 Fifth Avenue #K234, New York, New York 10001

 

Effective as of January 01, 2018