DISCLAIMER:
These Terms and Conditions of Use apply to you when you view, access or otherwise use the training manual and materials located at https://www.accessurf-training.org/ aimed at providing accessible beach and water programs for people with disabilities (the “Training Manual”). The Training Manual is owned by AccesSurf Hawaii, a nonprofit corporation formed in Hawaii (“AccesSurf”).
AccesSurf grants you a nonexclusive, nontransferable, limited right to access and use the Training Manual and the materials provided hereon, provided that you comply fully with these Terms and Conditions of Use.
1. No Professional Advice or Contractual Relationship. We provide the materials in the Training Manual for general informational purposes only. By using the Training Manual, you agree that the materials in the Training Manual do not constitute professional advice and no contractual or other legal relationship is created between you and AccesSurf. Do not consider the Training Manual to be a substitute for obtaining training, guidance and assistance from trained water safety and first aid personnel properly certified or licensed in your country or state. The materials in the Training Manual may be changed without notice and are not guaranteed to be complete, correct or up-to-date. While we try to update the Training Manual on a regular basis, it may not reflect the most current developments in the area of providing accessible beach and water programs for people with disabilities.
2. Commercial Use of the Training Manual. The Training manual is part AccesSurf’s efforts to support volunteers in advancing their skills in creating accessible communities. The Training Manual is meant to be used by volunteers as a reference and supplement to the in-person or virtual advanced volunteer trainings required in connection with providing accessible beach and water programs for people with disabilities. Reproduction, copying, or redistribution of materials in the Training Manual for commercial purposes is prohibited without the express written permission of AccesSurf. Any use, reproduction, or distribution of material in the Training Manual, which constitutes the personal information, property, or photograph or other depiction of any particular AccesSurf volunteer or participant, may also be subject to state and federal privacy and other laws requiring the specific written consent of the individual volunteer or participant. To obtain permission to copy portions of the Training Manual, please send email to info@accessurf.org and provide the following information in the body of the email:
* the content you wish to use;
* where, when and how it will be used;
* where and how copies will be distributed and to what audience;
* how many copies will be produced and distributed;
* what other materials will be associated with the AccesSurf content; and
* your name, title, company, address, email address and phone number.
We will evaluate and respond to your request as soon as possible. AccesSurf reserves the right to refuse permission to copy, distribute, broadcast, or publish any of the material in the Training Manual, including text and images. As a condition of approval, AccesSurf will require the user to execute and deliver a Waiver of Liability & Release Agreement.
3. Prohibited Actions. You may not use the Training Manual for anything other than a lawful and legitimate purpose. You agree not to use the Training Manual to carry out any unauthorized alteration of any data or information in the materials comprising the Training Manual or to conduct any activity that infringes on the intellectual property or privacy rights of any person or entity. The Training Manual is not intended for use by anyone who is not an adult, unless that person is under the supervision of an adult. We reserve the right to limit or deny your access to the Training Manual or take other appropriate action if you violate any provision of these Terms and Conditions of Use or if you conduct any activity that violates the rights of any person or entity, or which we in our sole discretion deem unlawful, offensive, threatening, abusive or potentially harmful or malicious.
4. Modification of Terms and Conditions of Use. AccesSurf reserves the right to revise these Terms and Conditions of Use at any time by updating this posting. Your continued use of the Training Manual constitutes your agreement to comply with such revisions, so you should visit this page from time to time.
5 Disclaimer; Limitation of Damages. (a) AccesSurf expressly disclaims all liability for any viruses or other contamination of your computer system or other device used to access the Training Manual as a result of your use of the Training Manual, and expressly disclaims all liability for actions taken or not taken based on any or all of the materials in the Training Manual. THE TRAINING MANUAL IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT.
(b) USE OF THE TRAINING MANUAL IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL ACCESSED THROUGH OR OBTAINED BY MEANS OF THE TRAINING MATERIALS.
4. Applicable Laws; Venue. AccesSurf conducts its nonprofit activities in Hawaii and makes no representations that materials in the Training Manual are appropriate for use in other locations. The display of the Training Manual alone does not subject AccesSurf to any specific jurisdiction. Access to the Training Manual from any territory where the content is illegal is prohibited. If you choose to access the Training Manual from other locations, you do so at your own risk and are solely responsible for compliance with any and all applicable laws, rules and regulations. Any claim related to the use of the Training Manual or to the Training Manual materials shall be governed by, construed and enforced in accordance with the laws of the State of Hawaii as applied to agreements made and to be performed entirely therein. Any action arising out of or related to the access, use, content, or existence of the Training Manual shall be filed only in the appropriate state or federal court located within the State of Hawaii. The access, viewing or use of the Training Manual constitutes the user’s express permission and consent to the jurisdiction of the state and/or federal courts of the State of Hawaii for purposes of such actions.
Agree