By entering this cyber-campus, its classrooms, library, and discussion forum you, by that action, agree to conduct yourself with decorum and respect for all other users of this website. Further, you agree, by your use of this web site, that you have read and accept the following legal License and Terms of Use. If you do not understand anthing herein please feel free to contact the Administrator.
License and Terms of Use
This Agreement is made between Avalon Center for Druidic Studies (hereafter “ACDS” or “the Center”), a not-for-profit corporation with its principal place of business at Minneapolis, Minnesota, and each User of the contents of the ACDS web site (“User” means a natural person, corporation, proprietorship, partnership, government entity, or any other legal person or entity).
1. Content “As Is” - Disclaimer of Warranties.
The Center’s Information and Content is presented in an “as is” and “with all faults” condition. The Information is presented for educational, research, recreational, spiritual, religious, and historical purposes only. To the full extent permitted by applicable law, there are no warranties of any kind, express, implied, or statutory, including, without limitation, warranties of completeness, accuracy, freedom from interruption, or of verification of the contents. There are no implied warranties arising from trade usage, course of dealing, or course of performance, and there are no implied warranties of merchantability or fitness for a particular use or purpose.
2. Disclaimer of Liability.
ACDS hereby expressly disclaims any liability for the use of its programs, web sites, or links to other web sites or Information in its programs, classes, or the Center's web sites. To the full extent permitted by the law, ACDS and its affiliates, and their respective volunteers, authors, teachers, employees, directors, officers, consultants, agents, web hosts, internet service providers, Content providers, or other persons related to or otherwise consulted by or assisting ACDS, regardless of cause of action, including actions in contract, tort, warranty, and product or strict liability, shall have no liability of any kind arising or related to this agreement, or the contents in excess of US $25.00. The above limitation shall not apply to the extent caused by willful misconduct or gross negligence of ACDS.
3. The User's Express Assumption of Risk.
The User expressly assumes the risk of any harm, injury, or damage arising out of or related to the use of Information provided by the Center, including ACDS web sites, classes, programs, and links to other web sites or information.
4. User Agreement to Indemnify and Hold Harmless ACDS and Affiliated Persons or Entities.
User will indemnify and hold harmless The Center and all persons or entities connected with The Center and its activities against any claims or losses imposed on, incurred by, or asserted as a result of or relating to: (a) any noncompliance by User with the terms and conditions hereof; (b) any third-party actions related to or arising from User’s receipt or use of the Contents, whether authorized or unauthorized.
5. Disclaimer of Consequential and Similar Damages.
In actions arising out of use of Information provided by the Center -- including but not limited to causes of action in contract, tort, warranty, and product or strict liability --ACDS shall have no liability for consequential injury, death, property damage, loss of use, opportunity, or profits, increased costs, or any other consequential, indirect, incidental, special, or punitive damages.
6. Content Not To Replace Appropriate Professional Care.
User must not substitute reliance upon the ACDS Information for consultation, treatment, or other assistance from appropriate professionals. In the case of any emergency or personal problem, including any medical, psychological, emotional, or other problem or issue the User is responsible to contact professionals licensed to deal with such problems or issues. ACDS does not recommend self-management of health or personal problems or the use or duplication of any activity or process described in ACDS Contents. A User must never disregard or delay in seeking professional advice because of Information contained in the Center's courses or library resources
7. Other Web Sites.
The information, software, data, or other contents in linked references are those of persons responsible for such other sites and shall not be attributed to ACDS. The Center does not endorse or support such other web sites. The Center does not warrant, nor is it in any way responsible for, information, software, data, or other contents that are outside of The Center’s control.
8. Copyright Statement; Permission to Link to Web Site; Notice of Infringement.
In addition to publishing original articles, essays, lectures, etc., ACDS also publishes public or open domain work which has in some cases been reformatted, republished, edited, updated, or otherwise modified or cited by ACDS as part of its web Content. All Content, including digital copies or reformats of open domain works (and not limited to edits, changes, and additions) are copyrighted by ACDS and the Center claims its intellectual property rights recognized by law. All rights are reserved. The Contents are only for personal, educational use by the User. Except as otherwise permitted under the copyright laws of the United States, reproducing Contents on another website, “framing,” linking to, or redistributing Contents is forbidden without the written permission of ACDS. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the address and by the procedure for notices set forth in the notice of dispute provisions of this Agreement.
9. Illegal or other Harmful Use or Access Prohibited.
The User may not access ACDS web sites, systems, networks or Contents for any illegal purpose or in any manner that may damage, disable, overburden, or impair them, or interfere with another User’s use or enjoyment. The User may not attempt to gain unauthorized access to any ACDS Contents, other accounts, computer systems, or networks connected with ACDS sites or Contents.
10. Notices of Dispute.
The User agrees to notify ACDS of any dispute or claim by written communication addressed to The Center and to be sent by Certified or Registered Mail, return receipt requested to: Avalon Center for Druidic Studies, 4509 Drew Ave. So., Minneapolis, Minnesota 55410, USA. Notice shall only be deemed delivered as of the date of execution of the return receipt or the first date of a refusal to sign.
11. Mediation and Arbitration in Minnesota; Waiver of Attorneys Fees.
Any dispute or claim arising from or related to this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be first submitted to mediation. The User hereby and by use of the ACDS Information and web site agrees that said mediation will be held in Minneapolis, Minnesota, and the User further agrees to jurisdiction of the mediation, any further arbitration, and any or all judicial actions in the state and federal courts located in Minneapolis, Minnesota.
Mediation shall be conducted by a mediator of the parties mutual choice.
Should mediation fail, any ongoing dispute shall exclusively be resolved by final binding arbitration utilizing the American Arbitration Association’s (AAA) Commercial Arbitration Rules. One arbitrator shall be selected. The arbitrator shall minimize discovery and complete the arbitration proceedings expeditiously, rendering a written decision within thirty (30) calendar days of the hearing. The arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other multiple or exemplary damages, and the parties hereby agree to waive and not seek such damages. A party may seek judicial relief to compel compliance with the provisions of this Section or injunctive or other equitable relief to protect intellectual property rights, provided the remainder of the dispute or claim is submitted to arbitration. Awards shall be final, binding and not subject to appeal (except as permitted by the Federal Arbitration Act or other law). Awards may be filed with any courts having jurisdiction over the award debtor or its property, as a basis of judgment and collection.
12. Governing Law.
This Agreement shall be deemed made in, governed by, performed in, and construed and enforced in accordance with the laws of the State of Minnesota, U.S.; without giving effect to its conflicts of laws provisions or principles.
13. Entire Agreement; Waiver; Modification; Amendment.
The terms and provisions contained in this Agreement constitute the entire agreement between the parties concerning the subject matter hereof. This Agreement supersedes all other agreements, written or oral, between the parties as to the subject matter hereof. No modification or amendment of this Agreement shall be enforceable unless in writing and signed by the party against whom it is enforced. No failure to exercise, no delay in exercising, and no course of dealing with respect to any right, power, or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege under this Agreement.
14. Severability and Survival.
The parties agree that if any part, term, or provision of this Agreement is held illegal or invalid, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be illegal or invalid. The terms of this Agreement apply to any, receipt, use or performance that occurs before any termination, cancellation, or rescission of this Agreement, and to those obligations that arise after any termination, cancellation, or rescission of this Agreement arising out of a prior use or performance — namely: any terms, conditions or restrictions on receipt, use, or access to the Contents, systems, or networks of Avalon Center for Druidic Studies, and any indemnification obligations shall survive.
15. Change of Terms From Time-To-Time.
The Center may alter any term of this Agreement by posting a notice that there is a change in terms on a page containing the Contents. Any use of any of the Center’s web sites after the date of such notice is deemed acceptance of the new terms.