Date Updated: April 1, 2019

Never Forget Elephant Foundation’s Terms of Service

Welcome to Never Forget Elephant Foundation’s (“NFEF”) website (“Site”). The following Terms of Service govern all uses of the Site by any user (“you”), whether you are an individual signing up to visit at the NFEF facilities in Thailand (“Adventurer”), someone who wishes to make a financial contribution to NFEF (“Donor”), or any other user of the Site. Please take a few minutes to review these Terms of Service, as they describe your rights and responsibilities and what you can expect from NFEF as you use this Site. Your use of this Site constitutes your agreement and consent to be bound by the Terms of Service contained below. NFEF reserves the right to change these terms and conditions at any time, without prior notice and at its sole discretion. Consequently, you should check these Terms of Service periodically to be apprised of any changes.

When you access NFEF’s Website, you agree to these Terms of Service. If you do not agree to these Terms of Services or any changes to the same that NFEF may subsequently make, immediately stop accessing NFEF’s Site. 

NFEF reserves the right to take steps to block access to this Site if you are deemed to be in violation of the following Terms of Service.

As an Adventurer, a Donor, or any other user, thank you for your commitment and interest in saving elephants from captivity! 

This Site is hosted in the United States. If you are accessing this Site from anywhere outside of United States, you agree to comply with all laws relevant to your use of the Site in your territory including laws relating to export of data and personal information, and non-profits.

Website Use Provisions

The mission of NFEF is to work to save captive elephant populations in Thailand and work with local communities to create sustainable change in order to positively impact elephant populations in those areas. On this website, NFEF provides opportunities for Adventurers to travel to Thailand in order to participate in developing local communities and to personally meet the elephants that are being saved (“Adventuring Service”). NFEF also provides a platform for Donors to give financially to NFEF and its mission (“Donor Platform”). Finally, NFEF will offer educational materials, blog posts, updates, and unique content through its Site to any user who wishes to learn about NFEF, the communities NFEF helps, and the elephants that are being saved through the mission of NFEF. 

Proprietary Rights

The content included on the Site, including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like, and the trademarks, service marks and logos contained therein, are owned by or licensed to NFEF, and are subject to copyright and other rights under international intellectual property laws.

NFEF does not claim ownership to the content posted by you, but by posting content on the Site you automatically grant, and you represent and warrant that you have the right to grant, to NFEF an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

Permission to use content, documents, and related graphics delivered from this Site is restricted. You may access, use, and copy information and materials available through this Site only for purposes of considering or participating in NFEF projects and only with the express consent of NFEF. That information and those materials, including pages and content, may not be copied, distributed, modified, published, or transmitted in any other manner, including for use in creative work or to sell or promote other products or services. Violation of this policy may result in infringement of NFEF’s or other third parties’ intellectual property and contractual rights which are protected by domestic, state, and federal law and international law and treaties and could result in substantial civil and criminal penalties.

When retrieving information from this Site, you are prohibited from (1) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation searches except for a normal browser; (2) aggregating, copying, or duplicating any of the materials or information available from the Site except for the reasonable amount of materials and information temporarily required for an ordinary single use of the Site; or (3) accessing data not intended for legitimate use of the Site for the purposes stated above.

DMCA Take Down Notice 

If you feel that the content on this Site belongs to you and has been wrongfully posted by a user, in violation of your copyright to such content, then you may provide notice of such infringement to NFEF at info@neverforgetef.org. Please provide the following information along with the notice:

  1. Identify the infringing material, with enough detail so that NFEF may locate it on the Site;

  2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  3. A statement by you declaring under penalty of perjury that (1) the above information in your notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

  4. Your address, telephone number, and email address; and

  5. Your physical or electronic signature

Your Conduct on the Site

By using this Site, you agree to the following terms and conditions:

  1. You have decided to use this Site on your own - use is optional and you can terminate such use at any time.

  2. Any and all information that you submit and share on this Site is accurate and true.

  3. Any and all information that you submit and share on this Site can be used by NFEF to facilitate connections and quality of NFEF’s work.

  4. You certify that any content, including text, photos, and files, that are attached to your account are yours, or you have adequate rights to post for public viewing.

  5. You will conduct yourself professionally and lawfully on our platform. In connection with your use of this Site, you may not and you agree that you will not:

a.    Use this Site for any commercial or other purposes that are not expressly permitted by these Terms of Service;

b.    Copy, store, or otherwise access any information contained on this Site for purposes not expressly permitted by these Terms of Service;

c.    Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity, or contractual rights;

d.    Interfere with or damage NFEF (our website, address, phone, email, online content, social media profiles, and other public content), including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

e.    Use the Site to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card, or account numbers;

f.     Use the Site in connection with the distribution of unsolicited commercial email ("spam") or advertisements;

g.    Stalk or harass any other user of the Site or NFEF’s services or collect or store any personally identifiable information about any other user;

h.    Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

i.     Use automated scripts to collect information or otherwise interact with NFEF or the Site;

j.     Submit any information that is not true or that you will not honor; or post, upload, publish, submit, or transmit any content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

k.   Use, display, mirror, or frame the Site or any individual element within the Site, NFEF’s name, any NFEF trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without NFEF’s express written consent;

l.    Access, tamper with, or use non-public areas of the Site, NFEF’s computer systems, or the technical delivery systems of NFEF’s providers;

m.  Attempt to probe, scan, or test the vulnerability of any NFEF system or network or any security or authentication measures;

n.   Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by NFEF or any of NFEF’s providers or any other third party (including another user) to protect NFEF;

o.   Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, services, application, or collective content to send altered, deceptive, or false source-identifying information;

p.   Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, services, application, or collective content; or

q.   Advocate, encourage, or assist any third party in doing any of the foregoing.

Specific Adventurer Terms

1.    In order to register for the Adventuring Service, you hereby agree to review, sign, and submit to NFEF’s Travel Waiver and Release of Liability.

2.     You will cover and protect your own safety on the Site, and if you engage in the Adventuring Service, this includes researching health and safety risks or obtaining travel insurance.

3.    You understand that there are general risks associated with travel of any sort.  You recognize that inherent risks and dangers exist within the Adventuring Service offered by NFEF, travel, and other programs and activities organized by or for NFEF(including its officers, directors, agents, employees, associates, affiliated companies, and subcontractors).  You recognize that inherent risks and dangers exist with domestic and foreign travel including, without limitation, political instability, acts or threats of terrorism, natural disasters and bad weather, trail, river, and road conditions, sickness, government action, strikes, major economic events, accidents, acts of God, war, quarantine, epidemics, pandemics, or the threat thereof, criminal activity, transportation difficulties, delays or cancellations, wildlife behavior and movements, local laws, regulations and customs, and other force majeure.  You recognize that laws, regulations and customs in many foreign countries may be severe, including those on drug use, which may carry lengthy imprisonment or death penalties.

4.     In specific locations at which the Adventuring Service takes place (“Adventuring Locations”), there may be additional risks and dangers. Standards of transportation safety, including but not limited to the following, may be lower inAdventuring Locationsthan in the U.S. or other developed nations, and are outside the control of NFEF:  the condition, maintenance, and safety requirements of surface, air, and water vehicles; the condition, maintenance, and policing of roads, airways, and waterways; training and licensing of vehicle operators; requirements for personal safety such as seat belts; travel in the back of an open truck; provision for rescue operations in case of accident; and general safety standards with respect to any aspect of public or private transportation. Standards of health and sanitation in Adventuring Locations may be lower than in the U.S. and other developed nations.  As a result, travelers may be exposed to contaminated food and water and to other medical problems and diseases endemic to the area.  While there are doctors and clinics in Adventuring Locations which can provide basic medical care, appropriate medical care under some conditions outside the control of NFEF may be limited or unavailable for the following reasons: limited medical supplies and facilities to treat a condition that otherwise might be manageable, inadequate training of medical personnel, limited or non-existent diagnostic tools and laboratories, lack of an ambulance or other medical transportation, and limited or non-existent communication systems such as radio or telephone.  The trip leaders or program coordinators are not necessarily trained medical personnel.  Travelers may be exposed to risk from insects, spiders, and other animals. Various other types of risks and dangers may occur in Adventuring Locations because of conditions arising from the fact that they are underdeveloped countries and locations, including but not limited to the following: inadequate supply of life preservers on boats, lack of lifeguards at public swimming places, fewer police and other enforcement officials, criminal activity, political unrest, personal or family conflict, and uncontrollable disease epidemics.  Unknown or unanticipated risks may be encountered during the trip. 

5.     While safety is of paramount importance, NFEF cannot safeguard against all injuries. Accordingly, you on your own behalf and on behalf of your heirs, assignees, administrators, and executors, expressly agree to assume all risk of injury, loss, or death and hereby waive, release, and discharge NFEFincluding its officers, directors, agents, employees, associates, affiliated companies, and subcontractors (collectively referred to as “Releasees”) from any and all claims of liability or loss, including to the maximum extent permitted by law any negligent or reckless acts or omissions made by NFEF, whether known or unknown, contingent or fixed, whether based in contract, equity, tort, negligence, intentional tort, warranty (express or implied), strict liability, fraud, consumer fraud, criminal law, by statute, or other legal or equitable theory, even though such liability or loss may arise out of negligence or carelessness on the part of NFEF. You further agree to forever hold harmless, defend and, indemnify Releasees, generally and specifically, from any and all liability for personal injury, death, or property damage resulting from or in any way related to participation in the Adventuring Service. You are voluntarily applying to and agreeing to participate in a trip with full knowledge of the hazards and risks involved.

6.     You agree that NFEF’s liability (whether in contract, tort, strict liability, warranty, or otherwise), for any act, failure to act, conduct, or event arising out of or related to these Terms of Service or participation in the Adventuring Service shall be strictly limited to the reimbursement of any refundable deposit actually paid by you for the Adventuring Service. You further waive any and all claims for (and hereby acknowledge that you shall not be entitled to seek or recover) any indirect, special, secondary, incidental, consequential, or punitive damages against NFEF for any act, failure to act, conduct, or event arising out of or related to these Terms of Service or participation in the Adventuring Service. You further acknowledge that nothing contained in these Terms of Service shall be construed as an implication of the probability of damages related to any claim arising out of or related to these Terms of Service or participation in the Adventuring Program, and further acknowledge that nothing contained in this Terms of Service shall be construed as establishing or providing for liquidated damages.  You agree to release and hold harmless NFEF and Releasees from any liabilities resulting from the Adventuring Service.

7.     You are responsible for determining that the trip is appropriate to the abilities and interests of yourself. A genuine interest in the trip along with an open, positive, and willing attitude is a prerequisite to participating. NFEF reserves the right to terminate your participation if you lack sufficient physical, emotional, or mental capabilities to safely complete the Adventuring Service, and you shall be returned home at your expense and without a refund. You represent and warrant that you are in sufficient mental, physical, and emotional health to undertake the Adventuring Service and will obtain a physician's release if required by NFEF to participate. You agree to study all pre-departure information, and to provide any and all information requested by NFEF as part of the trip planning process. You agree to bring all specified equipment and clothing and to act in a manner considerate of fellow group members and areas visited. Because of the Adventuring Service goals, you agree to cooperate with the trip leaders and fellow trip participants. You agree to follow all instructions and safety protocols given by NFEF and its trip leaders.

8.     You are completely responsible for all travel to and from the United States, including purchasing plane tickets, ensuring you have a valid passport and all necessary visas, any and all compliance with customs regulations either in the United States or at any Adventuring Location, and ensuring that you are completely up to date on all vaccines and medical procedures required for travel outside of the United States and within any Adventuring Location. 

9.     You are aware that participation with a group invariably involves compromise to accommodate the diverse desires, goals, personalities, and physical abilities of group members. You are advised that the program coordinator may be required to improvise and exercise his or her good-faith discretion or make decisions based upon the consensus of the group which may not please you personally but will satisfy the larger goals of the group. You acknowledge and accept these aspects of group travel. Drug possession or use, or excessive use of alcohol, are prohibited. If you use or possesse prohibited substances, or behave in a manner deemed by NFEF to be detrimental to the health, safety, and welfare of you or others, you will be returned home at your expense and without a refund.  NFEF reserves the right to search your personal belongings and you hereby grant such permission. NFEF reserves the right to accept or reject any person as a program participant at any time.

10.  You agree to reimburse NFEF for (and to hold harmless, defend, and indemnify NFEF from any claims related to) any damage, destruction, or loss of NFEF’s equipment caused in whole or in part by your participation in the Adventuring Program. You acknowledge that NFEF does not and will not maintain insurance to cover any loss, damage, or theft of your personal property or equipment. (You should check your own insurance policies to ensure your gear is covered).

11.  You grant NFEF perpetual and non-revocable permission to use photographs and videos in which your image and likeness appear in connection with any aspect of the Adventuring Service and further grant permission to display, publish, distribute, use, print, and reprint such images and likeness, and the right to employ such images and likeness in advertising and promotions relating to NFEF or the Adventuring Service including any advertisements or media and electronic displays and transmissions thereof. You release NFEF from any and all liability for damages for use in any manner or media of such images or likeness and waive any and all claims and causes of action for damages for use of such images or likeness, including but not limited to unauthorized use of your likeness, image, character, or persona, violation of your right of publicity or privacy, and for copyright and moral rights infringement or defamation.

12.  You authorize NFEF to engage any medical personnel (including dentists), or to hospitalize you, if NFEF deems such action necessary and you are unconscious or otherwise unable to administer or choose treatment yourself. You further authorize medical personnel selected by NFEF to order any and all x-rays, imaging, tests, laboratory analysis, treatment, and transportation deemed necessary or beneficial by the medical personnel. In the event you are unconscious or otherwise unable to administer or choose treatment, you grant permission to NFEF and any medical personnel selected by NFEF to secure and administer treatment, including hospitalization, for you. You understand that you are financially responsible for any medical treatment, services, and transportation related to or resulting from your participation in the Adventuring Service, and further agree to reimburse any transportation costs incurred by any staff member, employee, or agent who accompanies you in connection with your medical treatment and in rejoining the group. You further waive any and all claims against NFEF for personal injury, death, or property damage resulting from or in any way related to the provision of medical care to you. 

13.  Finally, you agree that you will give a non-refundable deposit in the amount of $200 USD to NFEF for the purpose of reserving your spot in the Adventuring Service. Such amount shall be paid at the time of reservation. In no case, shall this deposit be refunded to you. The remaining amount shall be due to NFEF 30 days before the Adventuring Service begins. If you become unable to participate in the Adventuring Service more than 30 days before the Adventuring Service begins, you will not owe the remaining amount so long as notice is provided to NFEF. If you become unable to participate in the Adventuring Service less than 30 days before the Adventuring Service begins, you forfeit the entire amount paid to NFEF. 

Specific Donor Terms

1.    As a Donor, you understand and agree that any contribution you make to NFEF shall be considered a completed gift for purposes of the Internal Revenue Code. While NFEF will act in good faith to direct all funds donated to suggested areas of NFEF’s activities, NFEF will ultimately have full control and dominion of any financial contribution to direct it to areas that will not threaten its tax-exempt status. 

2.    With the exception of anonymous donations, you represent, warrant, and verify that all information that you provide to NFEF, including your name, contact information, bank account information, credit card information, or any other information you provide through the Donor Platform is true and accurate. 

Payment Processing

NFEF uses Stripe to process its payments, and NFEF does not itself store or manage billing information. Stripe is an industry leader in payment processing. NFEF does not store credit card information. You can learn more about Stripe at http://www.stripe.com.

WARRANTY DISCLAIMER

Your use of the Site, the Adventuring Service, or the Donor Platform is solely at your own risk. The Site, Adventuring Service, and Donor Platform are Provided “As Is” and “As Available” without warranty of any kind by NFEF. To the maximum extent allowed by applicable law, NFEF expressly disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Site, Adventuring Service, or Donor Platform will meet your requirements, or that your access to the same will be uninterrupted, timely, secure, or error-free. NFEF does not warrant, guarantee, or make any representations regarding the use or the results of the use of the Site, Adventuring Service or Donor Platform with respect to performance, accuracy, reliability, security capability, currentness, or otherwise. NFEF cannot guarantee the accuracy of any information and content on the Site made available by Adventurers, Donors, and other third parties and will not be liable for any errors, inaccuracies, omissions, or other deficiencies. Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, NFEF shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance. 

LIMITATION OF LIABILITY

In no event shall NFEF be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification, or otherwise, for any consequential, incidental, indirect, special, or punitive damages arising out of or in connection with the Site, Adventuring Service, Donor Platform, content, Donors, Adventurers, or any person’s use or inability to access or use the Site, Adventuring Service, or Donor Platform, or any virus or malicious code on your device; even if NFEF has been advised of the possibility of such damages. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, NFEF shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance. 

Third Party Links

Your interactions with organizations or individuals found on or through this Site, including but not limited to travel agencies, airlines, and hotels; and the terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that NFEF shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Site, you understand and agree that NFEF is under no obligation to become involved. In the event that you have a dispute with one or more other users or organizations, you hereby release NFEF, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or NFEF services. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."

Governing law

These Terms of Service and related Privacy Policy will be interpreted and construed in accordance with the laws of the state of Washington in the United State of America without reference to its rules of conflicts of law.

Severability

If any part of these Terms of Service or the Privacy Policy are deemed by a court of competent jurisdiction to be unlawful, void, or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as expressly set forth herein, these Terms of Service do not confer any rights or remedies upon any person other than the parties to these Terms of Service. Your rights under these Terms of Service are not assignable or transferable. You agree not to resell or transfer your right to access or use the Site, the NFEF services, or any portion thereof.

Non-Waiver

The failure of a party, at any time or from time to time, to require performance of any obligations of the other party under these Terms of Service shall not affect its right to enforce any provision of these Terms of Service at a subsequent time, and the waiver of any rights arising out of any provision shall not be construed as a waiver of any rights arising out of any prior or subsequent provision. No waiver of any provision of these Terms of Service shall be effective unless it is in writing and signed by an authorized representative of NFEF.

Contact

For queries regarding the Site or the NFEF services, you can contact NFEF at info@neverforgetef.org.

NFEF shall have no obligation of any kind with respect to such questions, comments, concerns, or feedback and shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works, and distribute the questions, comments, concerns, or feedback to others without limitation. Further, NFEF shall be free to use any ideas, concepts, know-how, or techniques contained in such questions, comments, concerns, or feedback for any purpose whatsoever, including but not limited to developing and marketing services incorporating such questions, comments, concerns, or feedback.

By using this Site, you acknowledge that you have read, understood and accept the terms and conditions and that they have an equal value to a signed agreement contract.