Open Atmospheric Society

By completing the membership signup/registration process you agree to the following.

This website is owned and operated by The Open Atmospheric Society Inc. (“we” or “The OAS”). We provide and maintain an Internet Web site (the “Site”) for the benefit of Members of our services (“you” or “Member”).

The Services and use of the Site are provided to you subject to the terms and conditions set forth in these Terms of Use (“Terms of Use” or “Agreement”) and our Privacy Policy, and any other rules and policies set forth on this Site. The terms and conditions below and any other rules or policies set forth on this Site comprise the entire agreement between you and
The OAS and supersede all prior agreements between us.

1. Acknowledgement and Acceptance

PLEASE READ THE FOLLOWING TERMS OF THIS AGREEMENT CAREFULLY. BY COMPLETING THE REGISTRATION PROCESS, YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND IN OUR PRIVACY POLICY. YOU HEREBY ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE OR OLDER.

2. Member Responsibilities

These Terms of Use give you important obligations. You agree to the following responsibilities:

• That the information you provide during registration/membership application is true and correct.
• That you are not making a registration/membership application on behalf of a third party living or deceased.
• That you are in fact a human being, and that you are not making a registration/membership application for nefarious purposes.
• Compliance with our Anti-Spam policy. Please see Section 7 below.
• Lawful use of the Services only. Please see Section 8 below.
• Creation and maintenance of all content in the account including but not limited to user content, email/SMS content, address books and current billing and contact information.
• Payment of all agreed membership fees, which once purchased, are non-refundable.
• Full responsibility for all activity associated with your use of our Site and Services.
• Compliance with all other obligations set forth in these Terms of Use.

We reserve the right to deactivate your account(s) as we deem appropriate or necessary, without notice. You enter and use the Site and the Services at your own risk. The OAS is not responsible for your activities, content, results, or questions from members, other data, or any other matter concerning your use of the Site or the Services. If a Member account remains inactive and has lapsed for a period of 18 months, we may deactivate the account and membership.

3. Modification to Membership Services Provided; Terms of Use

You acknowledge and agree that we may, with or without notice, modify or terminate the Services and/or the Site. Further, we may modify these Terms of Use from time to time, including the fees we charge for Services. Modifications of the Service may include, without limitation, changes in the maximum allowable memory space, change in the membership fees, change in the website structure, and change in policies. We will notify you of changes we make by posting a notice on our Site, or, if we choose, by sending you an email. If you do not accept the changes, you must terminate your membership or other use at that time. Your use of the Site or the Services after the notice is posted (or we send you the email) shall be deemed to be acceptance of the modification or termination of the Services or these Terms of Use.

4. Payment Terms; Cancellation

You agree to pay, and we will automatically charge, all membership fees, including any applicable taxes, at the rates in effect when the fees are incurred. We may change the fees then in effect, or add new fees, by giving Members advance notice. You may cancel your membership at any time by sending us an email: contact “at” theoas dot org -or- use our contact form. Upon receipt of your cancel selection, we will promptly terminate your access to the Services. No refunds of membership fees will be given. We reserve the right to terminate your membership and/or discontinue Services at any time for breach of this Membership Agreement.

5. Registration and Password

You will provide current, complete, accurate information in the registration section of the Site. You will further update and keep that information current as needed. You will provide a password in order to access the Services and your account. Email login must be a valid email address maintained by you. You are solely responsible for maintaining the confidentiality of your password and account information. You will immediately notify us of any unauthorized account activity, or any unauthorized use of your email list(s) or any other breach of security you become aware of.This website is a single Member service. Multiple logins and passwords to the same account are not available or permitted. You may not share logins and passwords with others. Sharing login information is in violation of this Agreement and may result in immediate account termination.

6a. Privacy

We are committed to protecting the privacy and confidential information of Members. You agree to maintain and comply with a privacy policy that is consistent with the The OAS Privacy Policy, which you can view here: https://theoas.org/about/privacy-policy/

6b. Confidentiality

We agree not to use any of your Confidential Information (defined below) for any purpose except to operate the Site and Services in accordance with this Agreement. We agree not to disclose any of your Confidential Information to any third party other than to our employees and consultants who are bound by confidentiality obligations and are required to have access to the Confidential Information in order to operate the Site and Services. Nothing in this Agreement limits our right to independently develop, acquire or market products, ideas, or businesses, without use of your Confidential Information. “Confidential Information” may include, solely to the extent entered into the Services or Site by you, (a) technical information, know-how and other intellectual property, to the fullest extent that such information is maintained as a trade secret by you; (b) confidential
marketing strategies; (c) confidential future product plans; (d) confidential financial information (including pricing); and (e) other confidential business information. Confidential Information will not include any information that (i) was publicly known and generally available in the public domain prior to the time of disclosure by you; (ii) becomes publicly known and generally available after disclosure by you through no action or inaction of ours; (iii) is already in our possession at the time of disclosure by you; (iv) is obtained by us from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by us without use of or reference to your Confidential Information; or (vi) is required by law to be disclosed by us, provided that we give you prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.

7. Anti-Spam Policy

The OAS, a leading Web-based application for research and feedback, is committed to being a trusted member of the Internet community. As such, we have adopted a firm anti-spam stance. Spam can deluge a recipient’s email box and waste the recipient’s time and money. Spam often causes recipients to complain to their Internet Service Providers who in turn may block or restrict access from legitimate services like The OAS, and Members, like you. To help recipients be free from spam, and to maximize the availability of our Services to our community of Members, we have taken a “zero tolerance” stand against spam. You acknowledge, warrant and agree that:

• You will not engage in any spamming activities in your use of the Services.
• You understand that in The OAS’s capacity as a “host”, any email, SMS, or other messaging activities through services provided by The OAS that do not directly relate to your use of The OAS’s services in this capacity are strictly forbidden. In order to maintain our high standing as a message-sending entity we require that messages sent through our systems have a high rate of interaction with the intended recipients, and thus, do not permit the use of these systems for the purposes of email marketing in any way that is not strictly in the spirit of collecting data from the targeted recipients.
• Your use of the Site and Services will not violate any United States or foreign spamming, junk mail or other related laws or regulations prohibiting or discouraging unsolicited mail.
• If you engage in any unlawful spamming activity, The OAS will report such conduct to the appropriate authorities and turn over any and all information, including
  personally identifiable information, to appropriate law enforcement persons or entities.

We will terminate the account of any Member determined to have used the Services in connection with any spam email/SMS or otherwise breached these Terms of Use. We reserve the right to terminate your account(s) and your use of the Services, without notice, if we believe your activities are not in compliance with this Anti-Spam policy. We thank you for your compliance with our Anti-Spam policy and your commitment to good email/SMS-ing practices.

8. Other Prohibited Uses

You acknowledge, warrant and agree that:

• You will not transmit through the Service or the Site any pornographic, obscene, offensive, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist,
  illegal or otherwise objectionable material or content.
• You will not send any transmission that attempts to hide your identity or represents you as someone else.
• Any attempt by you to transmit, publish or distribute material or content that promotes, provides or relates to instructional information about illegal activities or promotes physical harm or injury against any individual or group is strictly prohibited.
• You will not use the Service or the Site to send any materials, including surveys and requests to take surveys, to any persons under 18 years of age unless and until you have taken and follow all necessary action and compliance pursuant to state and federal laws.
• You will not use this service to transmission any emails to third parties that is not pertaining to inviting participants to take a survey, or follow up with said participants regarding their participation in the aforementioned survey.
• You will not upload or distribute in any way any files that contain viruses, corrupted files or any similar software or programs that may damage the operation of anyone else’s computer, the Service or the Site.
• You will not interfere or disrupt networks connected to the Service and the Site.
• Any attempt by you to gain unauthorized access to any computer system, including accounts, lockers or databases maintained by and for The OAS, is strictly prohibited.
• You will comply with all laws, rules and regulations regarding transmission of technical data exported from the country of The United States.

If you engage in any activity set forth in this paragraph or violate any terms or conditions of these Terms of Use, your account will be terminated and use of the Service and Site prohibited. We will report any unlawful conduct to the appropriate authorities and turn over any and all information regarding such activity to appropriate persons or entities.

9. Disclaimer of Warranties

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICE AND THE SITE IS AT YOUR SOLE RISK. THE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.TO THE FULLEST EXTENT ALLOWED BY LAW, The OAS EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE CONTENTS OF THE SERVICES OR THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. The OAS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN CONTENT.

10. Links and Advertisers

The OAS may on occasion provide advertising space and/or links and pointers to Internet sites maintained by third parties. The OAS has not reviewed all of the third -party sites nor reviewed any products or services they may provide. The OAS is not responsible for nor does it endorse the contents or any products or services of such third parties or their sites. The OAS DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR SUGGESTED BY THIRD PARTIES ON THE SITE. The OAS DOES NOT ENDORSE OR OTHERWISE WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES THAT ARE EITHER ADVERTISED ON THE SITE OR CONNECTED BY LINK.

11. Termination

These Terms of Use and the Service may be terminated by The OAS at any time. The OAS shall not be liable to you or any third party in any manner for termination of the Service. In the event you should become dissatisfied with the Terms of Use or any modifications thereof, or with the Service or the Site, your only recourse is to discontinue use of the Service, terminate your membership, and give notice to us of these actions. Upon termination, your right to use the Service and the Site cease immediately.

12. Indemnification

You agree to defend, indemnify and hold harmless The OAS, its parent entities, subsidiaries, affiliates, officers, and employees, from any and all claims and demands, including attorneys’ fees, due to or arising from your use of the Site or the Service, surveys, survey responses, survey results and any other conduct related in any way to the Service or the Site, including but not limited to breaching any warranty or provision contained in these Terms of Use.

13. Jurisdiction

These Terms of Use and the relationship between you and The OAS shall be treated as if entered into and executed in the state of Nevada and shall be governed and construed in accordance with the laws of the state of Nevada, without regard to conflict of law principles, and also excluding the United Nations Convention on Contracts for the International Sale of Goods. You agree to submit to personal and exclusive jurisdiction and venue of the courts in Nevada, The United States. The OAS makes no representation that the materials and content on the Site or relating to the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is strictly forbidden. Those who access the Services or the Site from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws. Any claim or demand under these Terms of Use must be made within 90 days of the occurrence of the underlying facts.

14. Nature of Agreement

You agree that your completion of the registration procedure constitutes agreement to these Terms of Use. Further, these Terms of Use are the entire and only agreement between you and The OAS and supersede any prior or other understandings, representations or warranties including, but not limited to, any nondisclosure agreements, purchase orders, license agreements, service agreements, invoices or other terms and conditions that you may provide to us in respect of the Site or Services. You agree that each use of the Services and the Site reaffirms your acknowledgment and agreement to the most current version of these Terms of Use.

15. General Provisions

In any dispute arising from the relationship between you and The OAS or these Terms of Use, the prevailing party shall be entitled to reasonable attorneys’ fees and costs. The failure by The OAS to enforce any right or provision under these Terms of Use shall not constitute a waiver of that provision or any other provision of these Terms of Use. If any provision of these Terms of Use shall be determined to be invalid or unenforceable by a court of competent jurisdiction, the other provisions shall remain in full force and effect.

V 1.1 Last updated 6/5/2014