Your continued use of this website implies you have read, understand and agree to the following Terms of Use and conditions:

DISCLAIMER
Every attempt has been made to ensure the information contained herein is valid at the time of publication. Scenic4.com under it's current management (hereafter known as "Scenic4"), however, reserves the right to make changes, corrections and/or improvements at any time without notice. In addition, Scenic4 disclaims any and all liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies.

Any statements involving matters of opinion or estimates, whether or not so expressly stated, are set forth as such and not as representations of fact, and no representation is made that such opinions or estimates will be realized. The information and expressions of opinion contained herein are updated periodically and are subject to change without notice, and shall not, under any circumstances, create any implications that there has been no change in the condition of the Byway or in the other matters described herein between updates.

The Scenic4 web site includes hyperlinks to other sites on the Internet that are neither controlled by, sponsored by, or endorsed by Scenic4. These links are included to provide access to organizations whose expertise may be of value as an educational or reference tool, or because they may be related to the mission of Scenic4. Scenic4 takes no responsibility for the views, content or accuracy of any such linked information, nor does Scenic4 endorse any content or product that may be advertised, described or noted on any related sites or their links. This notice applies to all material available on this website, linked or otherwise.

TRADEMARKS
The Scenic4 name and logo, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of Ebbetts Pass Scenic Byway Committee and/or the Calaveras Council of Governments. Scenic Byway design Marks are in the public domain, with use governed by specific and comprehensive guidelines. All other product and service marks contained herein are the trademarks of their respective owners.

TRANSFER
Rights to use names, graphics, photographs and marks developed for this site, including the Scenic4 name and logo, and marks not otherwise owned by any third party shall transfer in full to any future operator or manager of the site. Use agreements established for copyrighted material shall remain in effect upon website change of management or ownership. Newly introduced material will be bound by supplemental agreements and shall be appended to this document.

COPYRIGHT
While Scenic4 provides the information herein to anyone, Scenic4 shall retain the copyright on all text, graphic images, and other content. This means that you may not: distribute the text or graphics to others without the express written permission of Scenic4; "mirror" or "frame" this information on your server without our permission; or modify or re-use the text or graphics on this system. You may: print copies of the information for your own personal use and; reference this website from your own documents. Commercial use of this material is prohibited without the written permission of Scenic4. In all copies of this information, you must retain this notice and any other copyright notices originally included with such information.

In addition, copyrighted text, graphics, databases and other electronic material beyond our control may be linked to from various sections of this website. This material may be protected by U.S. and International Copyright laws, and you are legally bound by the copyright notices on those systems.

Scenic4 symbols or graphics may not be used in connection with any product or service that is not related directly to the Byway or in any manner that is likely to cause confusion among the users of this or other websites, or the public. All other seals, graphics or trademarks of organizations not affiliated with Scenic4 that appear on this site are the property of their respective owners.

Scenic4 reserves all other rights.

DATA ACCURACY

I. Disclaimer of Liability and Warranties

A. You understand and agree that it is possible that errors and omissions will occur in data input or programming done by Scenic4 to provide that data. You further understand and agree that it is probable that errors and omissions will occur in the record keeping process, especially when a large number of records are developed and maintained, and that such data may not meet your standards as to accuracy or completeness. Notwithstanding, you agree to take the data "as is", fully expecting that there may be errors and omissions associated with the data.

B. You further understand and agree that Scenic4 makes absolutely no warranty whatsoever, whether expressed or implied, as to the accuracy, thoroughness, value, quality, validity, suitability, condition or fitness for a particular purpose of the data or any programming used to obtain the data, nor as to whether the data is error-free, up-to-date, complete or based upon accurate or meaningful facts.

C. You further understand and agree that you forever waive any and all rights, claims, causes of action or other recourse against Scenic4 for injuries or damages of any type, whether direct, indirect, incidental, consequential or otherwise, resulting from any error or omission in the data or in any programming used to obtain the data, or in any manner arising out of or related to the data retrieved herein. You agree that Scenic4 shall not be liable to you for any liability, claim, loss, damage, injury or expense of any kind caused or alleged to be caused, directly or indirectly, by the inadequacy of data obtained from Scenic4, by any deficiency of Scenic4 or your systems, by any delay or failure to provide service, or by any other interruption, disruption or loss to your operations.

D. MAPS, MAP PRODUCTS AND RELATED DATA SOURCES

Maps and map related products available on this website, including but not limited to imagery, data, and data sources are hereby specifically identified as being unsuitable for use in navigation. By using these mapping products, you also understand and agree to the stipulations set forth in Sections A through C of this document as they apply to your use of data. In addition, maps created by others using tools and/or data sourced from Scenic4 shall not be used for navigation, or otherwise represented as being suitable for that purpose. Maps created by others using tools or data, or which include data supplied by Scenic4 shall not be represented as being produced by Scenic4. By using any of these products or services, you have agreed to these terms, whether or not the map or any other use is labeled "Not for Navigation".

II. INDEMNIFICATION

You agree not to provide a copy or partial copy of any data to any other party, including consultants under contract with you, without disclosing that the copy or partial copy was obtained from Scenic4 and without attaching a duplicate of these Terms and Conditions.

Reviewed: 11/27/2003

WE COLLECT AND STORE BASIC ANONYMOUS INFORMATION:
such as the pages viewed, the name of the domain and host from which you access the Internet (for example, msn.com or google.com); the Internet Protocol (IP) address of the computer you are using; the browser software you use and your operating system; the date and time you access our site; and the Internet address of the website from which you linked directly to our site. This information remains anonymous because it is not and generally cannot be associated with any personally identifiable information.

See below for additional information about IP addresses.

We use this information to count the number of visitors to the different sections of the site, to identify problem areas within the site, and to help us make the site more useful. Generally, this information is deleted within a year.

Certain parts of this site use "cookies" to maintain session information during your visit. These are set to expire after your visit. See below for a detailed description of cookies.

WEB BUGS:
At the present time we do not use small images known as web bugs - sometimes called single-pixel GIFs, transparent GIFs, or clear GIFs- that could allow us to track general user traffic patterns. This site uses clear GIF images for layout purposes only. We are unable to determine whether this technology is being used at sites linked to this site. We have not determined whether this technology is used by sites linked from this site.
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If you request information via the website using the search function, the Basic information noted above is recorded. The details of your query may also be recorded in the routine server log files. Again, we only use this information to fulfill your immediate request and to assess the performance of our content delivery systems. A record of your query may also be retained on the Google Search system, governed by their privacy policy.

If you utilize the website to download images or publications, the routine log files will record the Basic information noted above as well as the filename requested and the success or failure of the download. Again, we only use this information to fulfill your immediate request and to assess the performance of our content delivery systems. These logs are generally purged within a year.

Once you leave this website to a linked site or other site, information about your visit to that site may be logged. We have no control over the disposition of another site operators' logs nor do we request any information about the content of those logs.



PERSONALLY IDENTIFYING INFORMATION
At this time, we collect no personally-identifying information from visitors through the normal use of this website.

Scenic4.org, and it's management and/or it's Internet Service Provider may be asked to make collected data, including specific personally identifiable information available to law enforcement agencies, companies or people when asked to respond to subpoenas, court orders or other valid legal process; or if we believe that your actions violate applicable laws, particular Terms of Use or other usage guidelines for products or services, or, threaten the rights, property or safety of our personnel, our users, or others. Material released may be subject to review by legal counsel, and would be subject to certain confidentiality rules.

PUBLIC ACCESS
If your computer is accessible to others, if you share a computer with someone else or you are using a computer in a public place like a library or Internet café you should close your browser window when you have finished your work so that others cannot access your personal information.

YOUR PERSONAL INFORMATION
If you use this site, you are responsible for maintaining the confidentiality of your personal information (including your account number and password, if applicable) and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

IF YOU CHOOSE TO IDENTIFY YOURSELF BY SENDING EMAIL:
If you send us an email, you should know that email is not necessarily secure against interception. So, if your communication includes sensitive information like your bank account, charge card, social security number, medical information or anything you feel or have been advised is confidential, please contact your intended recipient by postal mail or telephone rather than email. In addition, email correspondence may be saved on the recipient's computer and backup media for an indefinite period of time. Your correspondence may also be forwarded to others in order to fulfill your request and thus may be held on their systems as well. Responses from us to your request will also persist on the sender's computer, those cc'd and most likely on your own computer after you read the message.

Email system log files are maintained on most of the computers that handle these transactions, and would contain some or all of the Basic information noted above. The logs kept on our servers are used to enhance system performance and to isolate technical problems. They are generally purged within a year. We have no use for, or control of email related data kept on other intermediary servers and systems.
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Equipment that routes your requests to this site may also log information about the path taken over the internet to access us. This data is mainly technical information used to streamline traffic flow and to troubleshoot systems, and is usually located with that equipment or service provider. We have no use for, or control of that data.

This website links to pages and documents located on websites maintained by various agencies and other organizations beyond our control. Once you access an individual document on another website, you are subject to the privacy policy of the website containing that document.

We do not share any detailed collected information with any other agency or department. We do make available reports based on the aggregate of the routinely collected Basic data noted above for the benefit of ourselves and our internet service provider. These are used to gauge website traffic, needs and problem areas.

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MODIFICATION OF PRIVACY PRACTICES
If there is a material change in our privacy practices, we will indicate such on this site and provide a link to the new privacy statement. If we are going to be using the information collected from users in a manner materially different from that stated at the time of collection we will send affected users written notice of the change if possible.

Contact us at the address below about your Scenic4.org website privacy concerns:

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COOKIE
A "cookie" is a small text file that a website can place on your computer's hard drive in order, for example, to collect information about your activities on the site or to make it possible for you to use an online "shopping cart" to keep track of items you wish to purchase, or to maintain particular "state" or information group from page to page during and online "session". The cookie transmits this information back to the originating web site's computer which, generally speaking, is the only computer that can read it. Most consumers do not know that "cookies" are being placed on their computer when they visit a website. If you want to know when this happens, or to prevent it from happening, you can set your browser to warn you when a website attempts to place a "cookie" on your computer. Some features of a site may not function properly if cookies are disabled. Most cookies have an expiration date.

IP ADDRESSES
An Internet Protocol address is a set of numbers that is automatically assigned to your computer whenever you log on to your Internet Service Provider or through your company's local area network (LAN) or wide area network (WAN). Web servers, the powerful computers that provide web pages for viewing, automatically identify your computer by the IP address assigned to it during your session online.

We collect IP addresses for some purposes (for example, to build routine web traffic reports and to audit other features of our site). We do not link a user's IP address to a person's personal information (which we seldom have anyway) This means we will have a record of each user's session but the user remains anonymous to us.

PLEASE NOTE: We will use IP addresses to identify users of this site when we feel it is necessary to enforce compliance with our site's Terms of Use or to protect our service, site or other users from fraudulent or illegal behavior. Under some circumstances, we may make such information available to the affected Internet Service Provider in order for them to become aware of and control fraudulent or illegal behavior originating from their systems. We may also be required by legal process to release this IP address information (see above). Furthermore, under certain circumstances, IP address and/or domain names may be linked to personally identifiable information, when said information is stored in databases managed by Internet registrars or registries such as Network Solutions or ARIN (American Registry for Internet Numbers).

Reviewed: 12/09/2003

© 2003 - 2008 Ebbetts Pass National Scenic Byway Web Committee | Terms of use
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