Lincoln Institute of Land Policy Website Terms of Service
Last updated October 11, 2023
1. This is a Legal Agreement. This Terms of Service (the “Terms”) is a legal agreement between you and the Lincoln Institute of Land Policy and its affiliates (current and future) (“Lincoln Institute,” “our,” “we,” or “us”), governing your access to and use of the digital platforms, websites, and online services that display or provide an authorized link to these Terms (collectively, the “Site”). The Site includes, without limitation, www.lincolninst.edu, www.landconservationnetwork.org, msop.lincolninst.edu, and may include content that may be shown or otherwise displayed in or through the Site, including but not limited to Lincoln Institute Content (as defined in Section 2), User Content (as defined in Section 3) and Third-Party Material (as defined in Section 4).
If you are under the age of majority in your jurisdiction of residence, your parent or legal guardian must agree to these Terms on your behalf.
Please read these Terms carefully before using the Site. It is your responsibility to check these Terms periodically for changes. Your access to and use of the Site indicates your acceptance and agreement to be bound by the Terms. Do not access or use the Site if you do not accept the Terms. Subject to applicable law, we may impose new conditions or amend or modify the Site or the Terms at any time, for example to reflect changes in laws or regulatory requirements. Any access to or use of the Site by you after we post modifications to the Terms constitutes your acceptance of those modifications and shall apply to your access and use of the Site.
2. Content. The Lincoln Institute provides information on the Site for research, educational, and informational purposes only. All User content (see Section 3), Third party Materials (see Section 4), and Lincoln Institute Content will be referred to collectively throughout the Terms as Content. All information, data, materials, and content other than User Content and Third-Party Material will be referred to as Lincoln Institute Content throughout the Terms. All Lincoln Institute Content is the sole property of the Lincoln Institute, unless otherwise explicitly stated. The Lincoln Institute grants you a license to view the Content, and sometimes to download or print specific Content, for your personal, non-commercial, informational use. All rights in the Site and all Content, not expressly granted by Lincoln Institute to you, are retained by the Lincoln Institute. The use of any content provided on this Site is solely at your own risk.
You acknowledge that all Content is either owned by the Lincoln Institute or the Lincoln Institute has a license or other permissions to use the same. You acknowledge and agree that any such Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by the Lincoln Institute or third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws.
The Site may contain content that was/is created and maintained by a variety of sources, both internal and external to the Lincoln Institute, and further contains content provided by third parties. No warranty as to the accuracy or completeness of any content on the Site is implied or given. The Lincoln Institute disclaims any responsibility for typographical errors and accuracy of content that may be contained on its Site. The content is subject to change without notice.
Lincoln Institute Content is protected under the copyright laws of the United States and other countries. You acknowledge that all copyrights and other intellectual property rights related to the Lincoln Institute Content are owned by the Lincoln Institute, except where otherwise explicitly stated, to the full extent permitted under the United States Copyright Act and international copyright laws, and all other applicable laws. Unless expressly permitted by an authorized person in writing or as permitted by applicable law, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, sell, or in any way use or exploit for commercial purposes any part of the Lincoln Institute Content. To obtain written consent to use Lincoln Institute Content, please contact us using the information in Section 21.
“Lincoln Institute of Land Policy,” “Significant Features of the Property Tax,” and all other Lincoln Institute tradenames, graphics, logos, designs, page headers, button icons, scripts, and service names are copyrights, registered trademarks, trademarks or trade dress of the Lincoln Institute in the U.S. and/or other countries. The Lincoln Institute’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion to consumers or in any manner that disparages or discredits the Lincoln Institute. All other trademarks not owned by the Lincoln Institute that appear on this Site are the property of their respective owners.
Notice of Infringement. The Lincoln Institute respects intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Site in a way that constitutes copyright infringement, please send the following information in writing to the contact in Section 21: (a) An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work or a representative list of the works claimed to have been infringed; (c) identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Embedding Content. The Site may allow you to embed content into other web pages. Embedding content into another web page must be for non-commercial purposes only and may be disabled by the Lincoln Institute at any time and for any reason or for no reason at all.
3. User Content and User Submissions. Certain areas of the Site may enable you to post comments, send emails, or otherwise post, publish, submit, transmit, upload, send, or otherwise provide (“provide”) information to us or other persons. You remain fully responsible for the content, data, and other materials that you provide to us or others in connection with the Site, including without limitation information, audio recordings, videos, photographs, documents, or other materials (collectively, “User Content”). You represent and warrant that you own the User Content or you have the necessary rights to provide the User Content pursuant to these Terms, and with respect to any works of authorship you represent and warrant that they are original works. You agree not to provide User Content that:
- Infringes on, misappropriates, or otherwise violates the copyright, trademark, patent, or other intellectual property right of any person;
- Is false, misleading, libelous, slanderous, defamatory, obscene, abusive, hateful, threatening, harassing, or sexually-explicit;
- Violates a person’s right to privacy or publicity;
- Contains advertising, promotions, “spam,” “pyramid schemes,” or a solicitation of any kind;
- Exploits, harms, personally attacks or impersonates any person or entity, or falsely states or otherwise misrepresents an affiliation with a person or entity;
- Contains epithets or other language or material intended to intimidate or to incite violence;
- Degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, orientation or identity, disability, or other classification;
- Transmits, stores, or otherwise makes available a virus, trojan horse, worm, time bomb, spyware, bot, or other harmful or deleterious programming routine;
- Transmits, stores, or otherwise makes available material which is irrelevant to the subject matter of the Site; or
- Violates any applicable local, state/provincial/territorial, national, or international law, or advocates illegal activity.
We also, to the extent permitted or required by law, have the right to disclose your identity to any third-party who is claiming that any User Content you provide us or others in connection with the Site constitutes a violation of the third-party’s intellectual property rights, of the third-party’s right to privacy, or of any other applicable local, state/provincial/territorial, national, or international law.
By providing us User Content, you grant us a royalty-free, fully paid up, irrevocable, perpetual, non-exclusive, worldwide, fully sub-licensable, transferable, license to publish, reproduce, distribute, transmit, display, disclose, perform, edit, adapt, modify, translate, create derivative works of, sell, offer for sale, export, and otherwise use and exploit your User Content (in its entirety or any portion thereof) for any purpose, in any manner to the extent permitted by law, and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Content to the extent permitted by applicable law. You represent and warrant that you have obtained all necessary permissions from any entity or person (and, in the case of minors, also from their parents or legal guardians as appropriate) identified in, displayed in or implicated by your submission of User Content (including those shown in photographic or video content).
If you do not want to grant us permission to use your User Content in accordance with these Terms, please do not provide your User Content on the Site. By providing your User Content to us, you agree to these Terms.
We are not obligated to publish or use your User Content. The posting or publishing of any User Content or Third-Party Material is not in any way intended to and does not state, suggest, or imply endorsement by the Lincoln Institute, including as to the truth, validity, or reliability of the User Content or Third-Party Material. The Lincoln Institute is not responsible for any User Content or Third-Party Material and has no duty to monitor the User Content or Third-Party Material posted on the Site. Any use of information contained in User Content or Third-Party Material is at your own risk. The Lincoln Institute and its designees have the right, but not the obligation, in their sole discretion, to monitor, review, edit, remove, delete, disable, refuse, restrict, or terminate access to your User Content and Third-Party Material, or the Site (in whole or in part) at any time, without prior notice and in our sole discretion, for any or no reason. The obligations that you have to us under these Terms shall survive termination of the Site, any access or use by you of the Site, any User Content on the Site, or these Terms.
You acknowledge that by submitting your User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and the Lincoln Institute or between you and any of our third-party providers other than as expressly set forth in these Terms. You acknowledge that the Lincoln Institute is not responsible for, and cannot and does not guarantee, the accuracy, completeness, or reliability of information in any User Content or Third-Party Material.
If you are under the age of 13, you may not provide any User Content to us. If you are under the age of majority in your jurisdiction of residence but at least 13 years of age, you may provide User Content but only with the permission of, and under the supervision of, a parent or legal guardian. If you are a parent or legal guardian agreeing to these Terms for the benefit of an individual between the ages of 13 and the age of majority in your jurisdiction of residence, please be advised that you are fully responsible for their User Content and any legal liability that they may incur.
You may register for services or events or purchase merchandise, content, subscriptions, or other products or services from others, such as third-party merchants, marketplaces, app stores, platforms, and others (collectively, “Merchants”), including Merchants that are linked to or otherwise accessible through the Site. Any terms, conditions, warranties, or representations from Merchants regarding purchases from or other transactions with Merchants are solely between you and the Merchant. We are not responsible for losses or damages of any kind resulting from such purchases or transaction, and we make no representation or warranty regarding purchases or transactions through any Merchant.
5. Prohibited Content and Activities. You may not access or use, or attempt to access or use, the Site to take any action that could harm us or any other person or entity (each a “person”), interfere with the operation of the Site, or use the Site in a manner that violates any laws. For example, you may not:
- Impersonate any person or falsely state or otherwise misrepresent your credentials, affiliation with any person, or the origin of any information you provide;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Solicit, collect, transmit, store, or otherwise make available private information of any third-party including, without limitation, telephone numbers, addresses, last names, email addresses, Social Security/Social Insurance numbers, or credit or debit card numbers;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Site;
- Use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any activity conducted on the Site or attempt to probe, scan, test the vulnerability of, or breach the security of any system, device, or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of the Site;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
- Use any content, products or services for any illegal or unlawful purposes;
- Upload or otherwise transmit any communication, software, or material that contains a virus or is otherwise harmful to our or our users’ computers, devices, or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Site, or that, in our sole judgment, exposes us, users, or any other third-party to any liability, damages, or detriment of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
6. Linking to the Site. You may link to the Site provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exist and no link to the Site may be “framed” to the extent such frame contains any sponsorship, advertising, or commercial text or graphics. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the User Content standards described in Section 3 of these Terms.
The Lincoln Institute may be required to notify you of certain events concerning the Site and your access to or use thereof, and your access to or use of the Site constitutes acceptance that such notices will be effective upon our posting them on the Site or, if we elect in our sole discretion, emailing you at an address you have provided to us.
9. DISCLAIMER OF WARRANTIES. If applicable law does not allow the exclusion of some or all of the implied or statutory warranties in these Terms to apply to you, such exclusions will apply to you to the fullest extent permitted by applicable law.
Your access to and use of the Site and the content provided therein, is entirely at your own risk. We make no representations or warranties about the Site, including, without limitation, the operation of the Site or the information, materials, goods, or services appearing or offered on the Site or with respect to any websites or services linked from the Site or the Lincoln Institute Content or third-party materials. The services and the materials provided therein, including but not limited to the Lincoln Institute Content and third-party materials, are provided “as is,” “with all faults,” and “as available.” Without limiting the generality of the foregoing, we disclaim all warranties and conditions, express, statutory, or implied, including but not limited to (i) the warranties of merchantability, fitness for a particular purpose, workmanlike effort, title, no liens, and no encumbrances; (ii) the warranties against infringement, misappropriation, or violation of any intellectual property or proprietary rights of any person; (iii) warranties arising through course of dealing or usage in trade; and (iv) the warranties relating to the accuracy, reliability, correctness, or completeness of data or content made available on the Site or otherwise by the Lincoln Institute.
Further, there is no warranty that the Site will meet your needs or requirements or the needs or requirements of any other person or the needs or requirements set forth in any documentation. We make no warranties, express, statutory, or implied, that the Site, including, without limitation, the Lincoln Institute Content, functions, or materials contained therein, will be timely, secure, accurate, error-free, complete, up-to-date, free of viruses, or uninterrupted. The Lincoln Institute does not necessarily endorse, support, sanction, encourage, or agree with any content, and we expressly disclaim any and all representations, warranties, conditions, and liabilities in connection with any content.
10. EXCLUSIVE REMEDY AND LIMITATION OF LIABILITY. Under no circumstances, including without limitation the negligence of such an entity, will the Lincoln Institute, or any third party involved in hosting, operating, creating, producing, or delivering the Site (collectively, the “Lincoln Institute parties”) be liable for damages or losses including without limitation direct, incidental, consequential, indirect, special, or punitive damages or lost profits arising out of the Terms or your access, use, misuse, or inability to use the Site, including without limitation any Lincoln Institute Content or user content, or any websites linked from the Site, however caused, whether in contract, tort, negligence, strict liability, or otherwise, even if the Lincoln Institute parties have been advised of the possibility of such damages, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, line or system failure, or other technologically harmful material that may infect your device, data, or other proprietary material due to your use, embedding, or downloading of any content on the Site or on any website linked to it.
Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the Lincoln Institute parties’ liability in such jurisdictions for such damages shall be limited to the extent permitted by law. Nothing in these terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability if and only if such liability cannot be excluded or limited by applicable law.
You agree to give the Lincoln Institute written notice of any claim by you against the Lincoln Institute within one (1) year of the events or facts giving rise to the claim.
11. Indemnification. You agree to indemnify, hold harmless, and defend the Lincoln Institute, its officers, directors, contractors, agents, employees, representatives, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees, arising out of or in connection with (i) your access to or use of the Site (including, without limitation, your User Content and your use of any Lincoln Institute Content), (ii) your online conduct in connection with the Site, (iii) your violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Site, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Site, or (vi) any of your dealings or transactions with other persons resulting from access to or use of the Site. You shall not settle any such claim without the prior written consent of the Lincoln Institute. These obligations will survive any termination of these Terms.
12. Integration and Severability. These Terms constitute the entire agreement between the Lincoln Institute and you with respect to the subject matter hereof, superseding any prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.
13. No Waiver. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
14. Assignment and Binding Effects. You may not assign these Terms or any rights or obligations herein without the prior written consent of the Lincoln Institute and any attempted assignment in contravention of this provision is null and void and of no force or effect. The Lincoln Institute has the right to assign these Terms, and any of its rights or obligations herein. These Terms are binding upon each party and its respective successors, heirs, trustees, administrators, executors, and permitted assigns.
15. DISPUTE RESOLUTION AND BINDING ARBITRATION. PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. THIS SECTION WILL NOT APPLY WHERE PROHIBITED BY APPLICABLE LAW.
In the event a dispute arises between you and the Lincoln Institute, please contact the Lincoln Institute. Any dispute arising from or relating to these Terms shall be finally settled by arbitration in Middlesex County, Massachusetts, using the English language in accordance with the Arbitration Rules and Procedures of American Arbitration Association (“AAA”) then in effect, by one commercial arbitrator with substantial experience in resolving the disputes in both the industry and subject matter of the applicable dispute, who shall be selected in accordance with the Arbitration Rules and Procedures of AAA. The arbitrator’s award shall be final and binding. The prevailing party in any arbitration or other proceeding arising under the Terms shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of these Terms, the party’s consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Middlesex County, Massachusetts. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this Section. You and the Lincoln Institute agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or these Terms must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts located in Middlesex County, Massachusetts. You further agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim is initiated in court rather than in arbitration you and the Lincoln Institute waive any right to a jury trial.
16. Choice of Law. Subject to applicable law, these Terms and any disputes between you and the Lincoln Institute will be governed by the laws of the Commonwealth of Massachusetts without regard to its principles of conflicts of laws.
17. Separate Terms and Conditions. In connection with your access to or use of the Site, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies and terms carefully before accessing or making any use of such portions of the Site. Any supplemental terms will not vary or replace these Terms regarding any access to or use of the Site, unless otherwise expressly stated.
19. Violation of Terms and Termination of Use. The Lincoln Institute reserves the right to seek all remedies available at law and in equity for violations of these Terms. We also reserve the right, in our sole discretion, to restrict, suspend, or terminate your access to and use of the Site, with or without prior notice.
20. English Language. The Site is provided in multiple languages for the convenience of our users. For all purposes, this English language version of the Terms shall be the original, governing instrument and understanding of the user. In the event of any conflict between this English language version and any subsequent translation into any other language, this English language version shall govern and control.
21. Contact Information and Notices. Requests for permission to use Lincoln Institute Content should be directed via email to email@example.com or via postal mail to Lincoln Institute of Land Policy, Attn: Publications, 113 Brattle Street, Cambridge, MA 02138.
All other questions, complaints, notices, or claims related to the Site or your access to or use of the Site should be directed via email to firstname.lastname@example.org or via postal mail to Lincoln Institute of Land Policy, Attn: Legal Department, 113 Brattle Street, Cambridge, MA 02138.