Terms of Use

This work is licensed under a Creative Commons Attribution 4.0 International License.

Creative Commons License

Last Updated: August 23, 2021

Welcome! Thank you for visiting and using our website located at https://probablefutures.org/ (including any mobile version of the site, this “Site”). This Site, which is owned and operated by Probable Futures, a project of the SouthCoast Community Foundation (“Probable Futures”, “we,” “us,” or “our”), is designed to share with visitors free and publicly available maps, tools, resources, and insights driven by world-class science related to the climate change crisis to help people understand what the consequences of climate change will be and how to make better decisions for the future.

These Terms of Use (these “Terms”), together with the Privacy Policy and CC Materials License (as defined below), are a binding agreement between you and us, please read them carefully. YOU ACKNOWLEDGE AND AGREE THAT, BY BROWSING OR USING THIS SITE, INCLUDING ANY CONTENT, TOOLS, OR OTHER MATERIALS OFFERED BY THIS SITE, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY THESE TERMS AND ANY ADDITIONAL TERMS THAT MAY APPLY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THIS SITE. 

THESE TERMS CONTAIN VARIOUS LIMITATIONS AND EXCLUSIONS OF LIABILITY IN SECTIONS 13 AND 14 AND AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER IN SECTION 16. BY AGREEING TO THE AGREEMENT, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.

1. Age Requirements for General Use of this Site

You represent and warrant that: (a) you are of legal age to form a binding contract with Probable Futures, and (b) if you are using the Site on behalf of a person, company or entity, you represent and warrant that you have full legal authority to accept these Terms on behalf of that person, company or entity.

This Site is offered and available to users who are 13 years of age or older. By using this Site, you represent and warrant that you are at least 13 years of age. If you do not meet these age requirements, you must not access or use this Site.

2. Access to this Site

We reserve the right, in our sole discretion, to make changes to, or to stop making available, all or any portion of this Site or any Materials made available through it, including without limitation adding or removing features or functionality, at any time, without notice. 

 We also reserve the right to withdraw, amend, or restrict your access to this Site (including any part thereof), and any Materials we provide on this Site, in our sole discretion, at any time, without notice. We will not be liable if, for any reason, all or any part of this Site is unavailable or changed. 

You are responsible for making all arrangements necessary for you to have access to this Site. In addition, you are solely responsible for ensuring that any access or use of this Site through your Internet connection complies with these Terms.

3. Your Use of this Site; Restrictions
A. Your Use of this Site

We encourage you to use the data, databases, other information, maps, charts, visualizations, tools, statistics, and other content (collectively, “Materials”) made available by us on the Site to explore and learn about climate change projections. Some of these Materials are accompanied by statements that indicate that they are being licensed to you pursuant to the Creative Commons Attribution 4.0 International Public License, CC BY 4.0 (those Materials are the “CC Materials” and that license is the “CC Materials License”). All use of the Materials on the Site, whether or not subject to the CC Materials License, is subject to the attribution requirement set forth below.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit the Site or any of the Materials made available through our Site, except that: (a) you may use the CC Materials in accordance with the CC Materials License; (b) your computer may temporarily store copies of such Materials in RAM incidental to your accessing and viewing those Materials; (c) you may store files that are automatically cached by your browser for display enhancement purposes; (d) you may print one (1) copy of a reasonable number of pages of this Site for your own personal, non-commercial use; and (e) you may take such actions as are enabled or permitted by the specific terms and conditions of any social media features or third-party links that we may provide. Except as expressly provided in this paragraph, no other copying or use of the Materials is permitted. Nothing contained in these Terms shall be construed as conferring any license or other rights in the Materials, whether by implication, estoppel, or otherwise. 

Your use of the Materials being provided is subject to these Terms. You remain solely responsible for your use of the Materials.

B. Attribution

If you use any data, databases, maps, charts, visualizations, statistics or other Materials from this Site in or to generate any public statement, publication, report, or other analysis, you must credit Probable Futures (and, if applicable, its licensors) in the following or similar manner: “This [publication/report] is based on data and other content made available by Probable Futures, a Project of SouthCoast Community Foundation and certain of that data may have been provided to Probable Futures by Woodwell Climate Research Center, Inc. or The Coordinated Regional climate Downscaling Experiment (CORDEX)”. Any reproductions of maps, charts, visualizations, and other copyrightable Materials must include the following notice: “© 2021 Probable Futures, a Project of the SouthCoast Community Foundation” or such other notice appearing on the specific Materials made available on this Site.

C. Restricted Transmission

You agree not to use any device, software or routine to interfere with the proper functioning of this Site. In using this Site, you may not:

  • transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including, but not limited to, images and language;
  • transmit any message that constitutes, encourages, or incites conduct that would constitute, a criminal offense or gives rise to civil liability;
  • transmit or solicit any information, software or other material which violates or infringes upon the rights of others, including, but not limited to, material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder;
  • transmit any information, software or other material that contains a virus or other harmful component;
  • unless you cannot be prohibited by law from doing so, use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in this Site (except that we grant the operators of public search engines revocable permission to use spiders to copy Materials from this Site for the sole purpose of and solely to the extent necessary for, creating publicly available searchable indices of the Materials, but not caches or archives of such Materials);
  • frame or utilize framing techniques to enclose, alter, or obscure any aspect of this Site, including any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, or form) without our express written consent; or
  • use any metatags or any other “hidden text” utilizing our name or trademarks without our express written consent.

D. Other Restrictions

Additionally, you are prohibited from violating or attempting to violate any security features of this Site, including, without limitation:

  • accessing Materials not intended for you or logging onto a server that you are not authorized to access;
  • attempting to probe, scan, or test the vulnerability of this Site, or any associated system or network, or to breach security or authentication measures without proper authorization;
  • interfering or attempting to interfere with service to any visitor, host, or network, including, without limitation, by means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing”;
  • using this Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;
  • forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting; or
  • attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing this Site (including any Materials made available through it), except to the extent the foregoing restrictions are expressly prohibited by applicable law, rules or regulations.

Any violation of our system or network security may subject you to civil and/or criminal liability.

E. Acknowledgement; Third Party Licenses

We acknowledge the World Climate Research Programme’s Working Group on Regional Climate, and the Working Group on Coupled Modelling, former coordinating body of CORDEX and responsible panel for CMIP5. We also thank the climate modelling groups listed in the table below for producing and making available their model output. We also acknowledge the Earth System Grid Federation infrastructure, an international effort led by the U.S. Department of Energy’s Program for Climate Model Diagnosis and Intercomparison, the European Network for Earth System Modelling and other partners in the Global Organisation for Earth System Science Portals (GO-ESSP).

Model Name, Institute, Institution Name:

  • GERICS-REMO2015, GERICS, Climate Service Center Germany
  • ICTP-RegCM4-3, ICTP, Abdus Salam International Centre for Theoretical Physics
  • ICTP-RegCM4-4, ICTP, Abdus Salam International Centre for Theoretical Physics
  • ICTP-RegCM4-6, ICTP, Abdus Salam International Centre for Theoretical Physics
  • ICTP-RegCM4-7, ICTP, Abdus Salam International Centre for Theoretical Physics
  • ISU-RegCM4-4, ISU, Iowa State University
  • NCAR RegCM4-4, National Center for Atmospheric Research

To the extent any third-party content is made available to you through the Site (including data, models, or outputs from data or models, from The Coordinated Regional climate Downscaling Experiment (“CORDEX”), an international coordinated effort under the auspices of the World Climate Research Programme’s Working Group on Regional Climate), such third-party content, and your use, download, and exploitation thereof, are subject to the applicable terms and conditions of the original third-party licensor and you are solely responsible for complying with the requirements thereof. The terms of use for CORDEX model output are available at http://is-enes-data.github.io/cordex_terms_of_use.pdf. 

4. Feedback

We may use any feedback, suggestions, questions, comments, ideas, notes, concepts, and other similar information relating to us or this Site that you provide to us (but excluding your PII (as defined below)) (collectively, “Feedback”) for any purpose, without attribution and without incurring any liability for royalties or any other consideration of any kind, but we are not obligated to use your Feedback in any way.

The term “Feedback” does not include any PII, such as your name, e-mail address, physical address, or phone number(s), that you may provide to us.

5. Personally Identifiable Information

To access parts of this Site or some of the Materials it offers, you may be asked to provide certain information, including, but not limited to, personally identifiable information or other information included in the definition of the terms “personal data,” “personal information,” or similar terms as used in any applicable privacy, data protection, or data security laws (collectively, “PII”), such as your name, e-mail address, physical address, or phone numbers. We will treat any PII or other information that you submit through this Site in accordance with our Privacy Policy. By using this Site, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to or through this Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

6. Materials & Intellectual Property

When accessing this Site, you agree to obey the law and to respect the intellectual property rights of others. You agree that you shall be solely responsible for any violations of any applicable law and for any infringement of third-party rights caused by any Feedback or PII that you provide or transmit to us.

All Materials on this Site, including text, hidden text within our source code, software, data, databases, photos, video, graphics, music and sound, is subject to protection by copyright, trademark, and other proprietary rights. In addition, the entire content of this Site is copyrighted as a collective work under the United States copyright laws, and we own the copyright in the selection, coordination, arrangement and enhancement of such content.

PROBABLE FUTURES is a trademark of Probable Futures. All trademarks, trade names, service marks or logos appearing on this Site are the property of their respective owners, including, in some instances, us and/or our affiliate organizations. Nothing contained on this Site should be understood as granting you a license to use any of the trademarks, service marks, or logos that we or any third party own.

Except as expressly set forth in these Terms, no right, title, or interest in or to this Site or any Materials on this Site is transferred to you, and all rights not expressly granted are reserved by us. You acknowledge and agree that you do not acquire any ownership rights by downloading or printing any Materials made available through this Site. You shall not remove, alter, obscure, or destroy any trademark, copyright, or other proprietary notices or markings appearing on this Site or any of the Materials made available through it.

7. Linking

If you wish to link to this Site, you may include an active link on any website you control directing a browser to the home page of this Site, provided that you agree to remove the link at any time upon our request. You may link to, but may not replicate, any of the Materials. You may not link to or otherwise provide access to this Site or any Materials: (i) in any way that alters the look, feel, or functionality of any aspect of this Site or any Materials; or (ii) in such a way that any aspect of this Site or any Materials is displayed within a frame on your site or any third party website. You also may not associate any aspect of this Site or any Materials with any pornography, obscenity, or hate speech, or display any link to any aspect of this Site or any Materials in a disparaging manner, or in any other manner that could injure the reputation or goodwill of Probable Futures or its personnel.

8. Third-Party Sites

We may identify or provide links to websites maintained by others (collectively, “Third-Party Sites”). We have not reviewed all of the Third-Party Sites identified or linked to this Site and are not responsible for the contents of, or any products or services offered in, such Third-Party Sites. Also, access to Third-Party Sites does not constitute an endorsement by us or any of our affiliates of any Third-Party Sites, or the resources, products, or services offered by them. We have no responsibility or liability for these Third-Party Site’s independent terms, policies or actions and are not responsible for the privacy practices or the content of such Third-Party Sites. These Third-Party Sites are provided only for your convenience and, therefore, you access them at your own risk. 

If we provide links to social media platforms, such as Facebook, Instagram, or Twitter, and you choose to visit those websites through our links, please note that the information you post, transmit, or otherwise make available on those websites may be viewed by the general public. We do not control user-posted content on social media pages and are not responsible for any third-party use of your information that you have posted, transmitted, or otherwise made available there.

This Site includes content provided by third parties or that links to Third-Party Sites. All statements and/or opinions expressed in that content, and all other content other than the content that we directly produce and provide, represent solely the opinions and are solely the responsibility of the person or entity providing that content. We are not responsible or liable to you or to any third party for the accuracy or reliability of, or any other aspect of, any information or other content or materials provided by any third parties.

9. Monitoring and Enforcement

You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in our sole discretion, any content or other Materials anywhere on this Site. In addition, we reserve the right to: (a) disclose your identity or other information about you to any third party who claims that any action taken by you with respect to our Site violates their rights, including their intellectual property rights or their right to privacy; (b) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of this Site; and (c) limit, terminate, or suspend your access to all or part of this Site for any or no reason, including without limitation, any violation of these Terms. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone submitting any information or materials on or through this Site. YOU WAIVE, AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

10. Other Terms and Conditions

Additional terms and conditions may apply to specific portions or features of this Site. As a condition to your use of this Site, you must agree to abide by these other terms and conditions. If there is a conflict between these Terms and the terms applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of this Site.

11. Changes to these Terms

We reserve the right, in our sole discretion, to change, add, or remove portions of these Terms, at any time, consistent with applicable law. It is your responsibility to check these Terms periodically for changes. We will use commercially reasonable efforts to post a notification on this Site if these Terms materially change. Such changes shall become effective when specified in the relevant notification. If you do not agree to the changes, do not continue to use this Site after the date they become effective. Your continued use of this Site following notification of such changes means that you accept and agree to the changes.

12. Term and Termination

These Terms will take effect when you first use the Site and will remain in effect until terminated according to these Terms. We have the right to terminate these Terms as to you, and suspend or revoke your access to all or any portion of the Site, including any Materials, at any time for any reason. You may terminate these Terms as to you by discontinuing the use of the Site and all Materials obtained through it. Upon termination or expiration, all rights granted to you under these Terms will terminate; however, all the terms and conditions of these Terms that by their nature should survive any termination of these Terms, including Sections 3.B, 3.C, 3.D, 4, 6, 7, 8, 9, and 13 through 19, shall survive any termination of these Terms for any reason.  

13. Disclaimers

THIS SITE AND THE DATA, OTHER INFORMATION, GRAPHICS, TOOLS, AND OTHER MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE CONTENT ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, THIS SITE’S DATA, OTHER INFORMATION, GRAPHICS, TOOLS, AND/OR OTHER MATERIALS, WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING, BUT NOT LIMITED TO, THE HARDWARE AND INFRASTRUCTURE THAT MAKE IT AVAILABLE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT ON THIS SITE OR THIRD-PARTY SITES OR THE USE THEREOF, WHETHER IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, OR OTHERWISE. WE DISCLAIM ALL EQUITABLE INDEMNITIES.

The data and other information presented on or through this Site is made available solely for general information purposes. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information by any visitor to our Site, or by anyone who may be provided with access to this Site or any of that information.

14. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE AND OUR AFFILIATES, AND OUR AND THEIR LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, CONSULTANTS, DIRECTORS, AND REPRESENTATIVES (COLLECTIVELY, “REPRESENTATIVES”) SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PROPERTY DAMAGE, PERSONAL INJURY, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF GOODWILL, OR SIMILAR DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR ANY MATERIALS MADE AVAILABLE THROUGH THIS SITE, EVEN IF WE (OR OUR AUTHORIZED REPRESENTATIVE(S)) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE).

TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL THE COLLECTIVE LIABILITY OF US AND OUR REPRESENTATIVES TO OR THROUGH YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) EXCEED $100.00 IN THE AGGREGATE. The above limitations apply to your use, misuse, or reliance upon this Site or any Materials made available through it, including, without limitation, damages you may incur because of Third-Party Sites linked to on this Site or third-party content made available on this Site.

Some jurisdictions do not allow the exclusion of certain warranties, the shortening of the applicable statute of limitations, or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations may not apply to you; all other provisions of these Terms shall remain in full force and effect.

15. Indemnity and Release

You agree to release, defend, indemnify, and hold harmless us and our Representatives from and against any and all claims, demands, causes of action, suits, proceedings, losses, liabilities, settlements, damages, costs, and expenses (including, but not limited to, attorneys’ and experts’ fees, costs and other expenses) arising out of or related to: (a) your use of this Site or any Materials made available to you through this Site; and (b) any violation of these Terms or applicable law by you in connection with your use of this Site, including, but not limited to, any actual or alleged infringement by you or any person to whom you provide access to this Site of any intellectual property or privacy or other right of any third party.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

16. Applicable Law and Venue; Dispute Resolution

These Terms and your use of this Site and any Materials made available on this Site shall be governed by and construed for both substantive and procedural purposes in accordance with the laws of the Commonwealth of Massachusetts without giving effect to any conflict of laws principles.

In the event you have any dispute or claim relating in any way to your access or use of this Site or to any aspect of your relationship with us, you will first contact us and we will try to resolve the dispute or claim in good faith.

IF ANY CONTROVERSY OR CLAIM BETWEEN YOU AND PROBABLE FUTURES ARISES OUT OF YOUR ACCESS OR USE OF THE SITE OR THESE TERMS THAT CANNOT BE RESOLVED THROUGH DIRECT DISCUSSIONS, THE DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING CONFIDENTIAL ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES,” AVAILABLE AT WWW.ADR.ORG) OR, IF THE CLAIMS QUALIFY, IN SMALL CLAIMS COURT. IN ARBITRATION THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD MAY BE LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT. TO BEGIN AN ARBITRATION PROCEEDING, THE PARTY BRINGING A CLAIM MUST SEND A LETTER TO THE OTHER PARTY REQUESTING ARBITRATION THAT DESCRIBES THE CLAIM. WE WILL SEND THE LETTER TO THE ADDRESS YOU HAVE PROVIDED US. YOU MUST SEND THE LETTER TO US AT: C/O SouthCoast Community Foundation, 128 Union Street, Suite 403, New Bedford, MA 02740. THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN MASSACHUSETTS. YOU MAY CHOOSE TO HAVE THE ARBITRATION CONDUCTED BY TELEPHONE, BASED ON WRITTEN SUBMISSIONS OR AT ANOTHER MUTUALLY AGREED LOCATION. WE EACH AGREE THAT THE STATUTE OF LIMITATIONS FOR ASSERTING ANY CLAIMS ARISING OUT OF USE OF THE SITE OR THESE TERMS SHALL BE A PERIOD OF ONE YEAR FROM USER’S LAST USE OF THE SITE. WE EACH AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTIONS ARISING OUT OF OR CONNECTED WITH THESE TERMS OR THE SITE SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, THE PARTIES HEREBY CONSENT TO THE JURISDICTION OF AND VENUE IN ANY FEDERAL OR STATE COURT OF COMPETENT JURISDICTION LOCATED IN BOSTON, MASSACHUSETTS, AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL. NOTWITHSTANDING THE FOREGOING ARBITRATION REQUIREMENT, EITHER OF US MAY BRING SUIT IN COURT TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF CONFIDENTIAL INFORMATION OR INTELLECTUAL PROPERTY RIGHTS.

17. Electronic Communications Notice. 

When you use the Site or send emails to us, you are communicating with us electronically. You consent to receiving communications from us electronically. We may communicate with you by email or posting notices on the Site. You agree that all agreements and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. In order to access any such communications, you must have a computer or other Internet-enabled device. In order to retain copies of any such communications, you must have a printer or data storage device. If you have a printer, you may print paper copies of any such communications for your own use. If you wish to withdraw your consent for us to communicate with you electronically, you may not use the Site.

18. State-Specific Provisions

This Site is controlled and operated by us from offices in the Commonwealth of Massachusetts, United States. We make no representation that any of the Materials to which you have been given access are available or appropriate for use in other locations. Moreover, if you access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.

19. Miscellaneous

These Terms do not create a partnership, joint venture or agency relationship between you and Probable Futures. You and we are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms. We may assign our rights and duties under these Terms to any party at any time without notice to you and without your express consent. You shall not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. If any provision of these Terms is held unlawful, void, or unenforceable for any reason, then the court or arbitrator shall be empowered to reform that provision to the minimum extent necessary to render the provision lawful, valid, and enforceable, while effectuating insofar as possible the original intent of the provision, and any remaining provisions shall not be affected. These Terms, together with our Privacy Policy, the CC Materials License, and any additional terms, constitute the entire agreement between the parties pertaining to the subject matter hereof and supersede in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. In the event of any conflict between the CC Materials License and these Terms, the CC Materials License shall control with respect to any CC Materials, but not any other Materials. These Terms are in the English language only and no translation or transliteration thereof into any other language shall have any validity or effect on the interpretation hereof.

All notices required by these Terms will be in writing and will reference these Terms. We may notify you using any contact information you have provided to us, including by email, or, if you have not provided any contact information, by posting on the Site. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. 

If you have any questions or comments regarding these Terms, the CC Materials License or this Site, please feel free to contact us by e-mail at hello@probablefutures.org. For questions or comments regarding our Privacy Policy, please contact us at privacy@probablefutures.org.

© 2021 Probable Futures, a project of Southcoast Community Foundation. All rights reserved.