Terms Of Service

Last updated: April 14, 2020

ACCEPTANCE OF TERMS

1. License
   1. FSM grants User a limited non-exclusive, non-transferable license to use the Site for the sole purpose of User’s personal use. Commercial use is permitted and encouraged provided that such commercial use is conducted solely through the creation and dissemination of program listings.
   2. User may not attempt to alter the source code of the Site or make any attempt at reverse engineering.
   3. User must abide by all United States and international intellectual property laws, including but not limited to patent, copyright, trademark, and trade secret, when using the Site or any related sites or services. User may not infringe on the intellectual property rights of FSM or other authors whose works are available through the Site or the related sites or services.
   4. Any improvements or modifications made by user to the Site, Services, or any FSM product or service are assigned to FSM without any further consideration beyond the license granted in §1.1. Under no circumstance may User be entitled to, or receive, any intellectual property rights beyond the limited license granted in §1.1.
2. User Account and User Names
   1. FSM may ask for details about User in order to ensure proper use of the Services. This may include User’s first and last name, e-mail address, and phone number. FSM reserves the right to alter the personal details required for use of the Services at any time. User agrees to provide FSM with accurate information when signing up to use the service.
   2. User must be 18 years or older to access the Site and create an account. User represents and warrants that they are 18 years of age or older.
   3. User must only create one account. User may not under any circumstances have more than one account. FSM reserves the right to ban any User with multiple accounts.
   4. In the event that User loses their password, they must go to the Site's log in page and click on “Forgot Your Password.” User must then input their e-mail address, click on the reset password link in their e-mail, and input a new password on the Reset Password page.
   5. User may also select to join our newsletter. This requires the User's e-mail address. All e-mails sent by FSM comply with the CAN-SPAM Act.
3. Use of Services
   1. User is solely responsible for ensuring the security of their login information and password. User must notify FSM of any unauthorized use of their account or account information.
   2. User hereby represents and warrants that all images and other forms of content uploaded to FSM does not infringe on the intellectual property rights of any third party. User fully indemnifies and holds harmless FSM for any intellectual property action that may arise out of use the Site, Services, or this TOS. User assumes all risk and is solely responsible for any and all liability resulting from access to the Site or Services in a way that violates (or that produces content that violates) any law or the rights of others including, but not limited to, laws concerning copyright infringement. User further agrees to notify FSM of any infringement occurring on the Site via e-mail at [email protected].
   3. User agrees and acknowledges that FSM may collect and use technical data and related information, including but not limited to technical information about Your device, system and Site software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services related to the Site. FSM may use this information, as long as it is in a form that does not personally identify User, to improve its products or to provide services or technologies to User.
   4. User agrees not to modify, adapt or translate any code on the Site. User further agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site. User further agrees not to upload any viruses or malicious code.
   5. User agrees not to use the Site to harass or spam other users with unwanted messages or other unsolicited content.
   6. User may not use automated tools such as spiders, scrapers, or any type of bot on the Site or Services. User may not use any tool, program, or other means that may place a heavy load on the Site's server or infrastructure. FSM in its sole discretion will determine what constitutes a heavy load on its servers, Site, or infrastructure.
4. Listings
   1. FSM displays Listings (“Listings”) with information about graduate programs, certificate programs and other educational opportunities (“Programs”) at Schools (“Schools”) that may be accepting applicants. User will have the option to create Listings or claim and edit Listings previously created by FSM for Programs at their School. User agrees and acknowledges that User is authorized by their School to create, claim, and edit a Listing on the Site on their School's behalf. User agrees not to post any links to third party websites that violate any term contained within this TOS. FSM may, in its sole discretion, delete Listings that violate the terms of this TOS.
   2. FSM makes no warranties regarding the accuracy or validity of any Listing contained within the site. FSM is not responsible for any delays, omissions, inaccuracies or typographical errors in the content contained within the Listing. Some Listings may contain links to third party websites. FSM is not responsible for the content on any third party website and will not be liable for any damages incurred by User that may arise from clicking on any third party link contained within a Listing on the Site. Furthermore, it is the Users responsibility to do all necessary due diligence before responding to any Listing on the Site. Under no circumstance will FSM be liable for any damages that arise from User's response to, or interaction with, a Listing on the Site.
   3. FSM makes no guarantees relating to the number or quality of the views or responses to the Listing. FSM does not perform any vetting for Program applicants that may respond to the Listing. FSM does not perform any action relating to the Program application process and is not responsible or liable for any aspect of the admission process for any School that administers a Program in a Listing. FSM does not represent the School for any Listing or any Program applicant, and is not responsible for any damages, actions, claims or any other liabilities that arise out of a Program applicant responding to a Listing. User is solely responsible for performing their own due diligence and researching all Program applicants who respond to Listings.
   4. FSM does not warrant or guarantee that the information contained within any Listing is accurate. Users must conduct their own due diligence to ensure that (i) the Program posting or content contained within the Listing does not violate any laws within the relevant jurisdictions; (ii) the Program posting contained within the Listing is safe to respond to; and (iii) the Listing contains accurate information. FSM does not ensure that the information contained in Listings is accurate, legal, or safe for the User. User agrees and acknowledges that FSM is not in any way liable for the content within a Listing or any damages that may arise due to User's response to a Listing. User further agrees and acknowledges that they are aware that Listings may be misleading and that responding to a Listing may be dangerous, including potential physical harm, and that User will be solely responsible for using their best judgment to take steps to mitigate the possibility of such dangers and harm. Under no circumstances will FSM be liable for any damages that arise out User responding to a Listing. Users who respond to Listings do so at their own risk.
   5. User may not use their account for any illegal purpose. Upon notification, we will remove any Listing that was created for an illegal purpose. Furthermore, FSM will comply with any subpoena or court order pertaining to the Site's Users.
   6. User may not post links, images, or any other content that may infringe on the intellectual property rights of a third party. Please contact us at [email protected] to notify us of any infringing content and we will remove it immediately.
   7. User may not post links, images, or any other content that target, harass, or denigrate other Users or any third party or that contains any sexually explicit content, obscenity, or any other content that is inappropriate for a job posting in the field of conservation. Please contact us at [email protected] to notify us of any content that may violate this Section.
   8. Listings must be for environmental educational programs only. FSM may, in its sole discretion, remove a Listing it deems outside the scope of environmental educational programs. Additional rules for Listings may be posted on the Site and can change at any time. FSM makes the final determination for whether a Listing is appropriate or should be removed.
   9. FSM may provide Premium Listings. A Premium Listing will have additional features and benefits over a Listing. Premium Listings will be available for an additional fee. The benefits and fee structure may be changed by FSM at any time.
   10. User grants FSM a complete, non-exclusive license without any limitation to use the content contained within any Listing. User agrees and acknowledges that the opportunity to post or claim a Listing on the site is adequate compensation for this license. The purpose of this section is to ensure that FSM may use the Listings, and content therein, without any limitation and without any additional compensation to User.
5. Term and Termination
   1. This TOS will remain in effect for as long as User continues to access the Site or use the Services contained therein. FSM reserves the right to terminate immediately upon User’s breach of any term in this TOS. Nothing in this TOS limits any rights or remedies available to FSM.
6. Warranties
   1. Except as expressly provided otherwise in a written TOS between User and FSM or User and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. User assumes all risks associated with use of these services. In no event, including, without limitation, negligence, shall FSM, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not FSM has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use the Site, Services, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site. FSM is not responsible for any loss User may incur through misuse of the Services or failure to abide by the terms in this TOS.
   2. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL FSM BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF FSM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
   3. In no event will FSM's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
7. Miscellaneous
   1. User will indemnify, defend and hold FSM, its Affiliates, current and former directors, members, officers, employees, contractors, stockholders, agents and representatives harmless against all claims, suits, demands, allegations, investigations or other actions and any damages, fines, costs, losses, fees, settlements arising therefrom (“Claim(s)”) relating to any breach of this TOS by User, any illegal activity involving the Site by User, or by clicking on or responding to any Listing on the Site.
   2. Except as specifically noted otherwise, all costs and expenses incurred in connection with this TOS and the use of the Site contemplated hereby will be paid by User.
   3. This TOS shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.
   4. If any term or provision of this TOS is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this TOS or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, this TOS will be modified so as to reflect the original intent of the parties as closely as possible.
   5. This TOS shall be governed by and construed in accordance with the internal laws of New York without giving effect to any choice or conflict of law provision or rule (whether of New York or any other jurisdiction). Any legal suit, action or proceeding arising out of or based upon this TOS must be instituted in the courts of Kings County, New York, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. The parties irrevocably and unconditionally waive any objection to the laying of venue of any suit, action or any proceeding in such courts and irrevocably waive and agree not to plead or claim in any such court that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.