These Terms of Service apply to all persons who access or use the website of the Upper Saranac Lake Association (“USLA”), uppersaranac.com (“this website” or “the website”). These Terms of Service set out the rights and obligations of all users of the website.
Your access to and use of the website is conditioned on your acceptance of and compliance with these Terms of Service, our Disclaimer, our Opt-out Preferences, and our Privacy Statement.
Visibility and Limit of Access
Some parts of this website may be viewed only by USLA members who have created a USLA member user account on the website. This may include entire webpages or portions of certain webpages.
The USLA membership directory, the USLA webcam, the photo gallery, event ticket registration, and any personal identifying information of USLA members – including Board members, committee members, and committee chairs – are visible only to USLA members who have created a USLA member user account. In addition, other content deemed by USLA to be a USLA member benefit is visible only to USLA members.
If you are logged into the website as a paid USLA member, you have full access to all member-only content in a seamless environment. To view the limited content visible to the public, visit the website without logging in as a member.
Placing Orders that Require Payment
When placing an order to become a USLA member, renew a USLA membership, purchase gift USLA memberships, or purchase USLA event tickets, you will be asked to supply certain information needed to fulfill your order such as your name, email address, phone number, billing address, shipping/mailing address, lake address, the name and email address of any gift membership recipient, your credit card number, credit card expiration date, and three-digit credit card security code.
You represent and warrant that the information you supply to USLA is true, correct, and complete; and that you have the legal right to use any credit or debit card(s) or other payment method(s) used in connection with any order. You grant USLA the right to provide the payment information to a secure payment processing third party to complete the financial transaction.
USLA reserves the right to refuse or cancel any order at any time at its sole discretion.
Purchasing Goods: USLA Store
USLA does not sell goods. Upper Saranac Lake branded merchandise is sold by The Village Mercantile on behalf of the USLA Scholarship Fund, an independent 501(c)3 registered charity. USLA is not responsible for and accepts no liability for transactions executed on The Village Mercantile website. Visit The Village Mercantile website for their Terms of Service, Opt-out Policy, Privacy Policy, and business policies regarding returns and refunds.
USLA Member User Accounts
USLA membership is available on an annual basis per spouse/partner household. Each USLA Member User Account has one username/email address and one password that is shared by all members of the USLA member household to access USLA member-only content on the website.
You are responsible for safeguarding the password that you use to access the website and for any activities or actions executed with your username and password.
You agree not to disclose your password to any third party outside of your spouse/partner household. You must notify USLA immediately upon becoming aware of any breach of security or unauthorized use of your account.
When you create a USLA Member User Account on the USLA website, you represent and warrant that the information you provide is true, accurate, current, and complete. Failure to do so constitutes a breach of these Terms of Service, which may result in immediate termination of your account.
You may not use a username, name, address, email address, phone number, or other identifying information in a manner that is intended to conceal your true identity.
You may not use, as a username, the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity without appropriate authorization, or any name that USLA, at its sole discretion, deems offensive, vulgar, or obscene.
Use of USLA Member Information
USLA DOES NOT SHARE ANY USLA MEMBER INFORMATION WITH ANY THIRD PARTY.
You agree that the name of the primary USLA member and the name of your spouse/partner (if provided) and your Lake Zone may be displayed in the website Membership Directory that is accessible only to USLA members.
You agree that the account email address and the spouse/partner email address (if provided) will be added to the USLA member email distribution list to receive certain USLA email communications such as the USLA eNewsletter. You may opt out of receiving USLA email communications at any time by clicking on the “Unsubscribe” link at the bottom of every USLA email communication. If you submit content for the USLA website that includes your personal contact information (e.g., for a classified ad, news item, or contest/event), you agree that USLA may publicly display your contact information on the website.
Refunds
The annual USLA membership fee is non-refundable except as required by law. If you or your spouse/partner inadvertently pay for a duplicate membership, please contact USLA at usla@uppersaranac.com for a refund of the duplicate payment.
USLA members may reserve two (2) event tickets per USLA member household for each USLA event at no cost. Additional tickets may be available for purchase and are non-refundable.
Certain refund requests for membership fees or event tickets may be considered by USLA on a case-by-case basis and granted at the sole discretion of USLA.
Annual Membership: Auto-Renew Payment Option
If you pay for your USLA membership online and select the auto-renew option, your payment method automatically will be charged annually on the anniversary date of your initial purchase and your annual membership will automatically renew unless you or USLA cancels it.
If you pay for your USLA membership by check and select the auto-renew option, you will receive an annual invoice automatically 30 days in advance of the anniversary date of your initial purchase, and your check payment must be received by USLA prior to your anniversary date for your USLA membership to auto-renew.
You may cancel auto-renewal of your membership at any time by contacting USLA. You will not receive a refund for the membership fees you have already paid for your current membership period. However, you will be able to access the member-only areas of the website until the end of your current membership period.
Membership Fee Changes
USLA, at its sole discretion and at any time, may modify the annual membership fee. Your continued use of the website after the membership fee modification takes effect constitutes your agreement to pay the modified membership fee amount. Any change in your membership fee will become effective at the end of your then-current membership period.
USLA will provide you with reasonable prior notice of any change in membership fees to give you an opportunity to terminate auto-renewal of your membership before such change becomes effective.
Intellectual Property
The USLA website and its content, features, and functionality are the exclusive property of USLA and its licensors.
The USLA website is protected by copyright, trademark, and other laws of the United States and other countries.
USLA trademarks and trade dress may not be used in connection with any product or service without the prior written consent of USLA.
Photographs or other content submitted by USLA members or other individuals for publication on the USLA website remain the exclusive property of their respective owners.
Links to Other Websites
The USLA website may contain links to third-party websites or services that are not owned or controlled by USLA.
USLA has no control over, and assumes no responsibility for, the content, privacy policies, business practices, or systems of any third-party websites or services. You further acknowledge and agree that USLA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such web sites or services.
USLA strongly advises you to read the Terms of Service and privacy policies of any third-party websites or services that you visit.
Termination
USLA may terminate or suspend your USLA Member User Account on the website without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms of Service. Upon termination, your right to log into the website will cease immediately.
Termination or suspension of your USLA member user account terminates or suspends your access to USLA member-only content on the website but does not terminate your USLA membership.
Limitation of Liability
Notwithstanding any damages that you might incur, the entire liability of USLA and any of its suppliers under any provision of these Terms of Service and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you through the website or $100 USD if you haven’t purchased anything through the website.
To the maximum extent permitted by applicable law, in no event shall USLA or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of these Terms of Service, even if USLA or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
In those jurisdictions that do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, some of the above limitations may not apply. In these jurisdictions, the liability of USLA or its suppliers will be limited to the maximum extent permitted by law.
“AS IS” and “AS AVAILABLE” Disclaimer
The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, USLA, on its own behalf and on behalf of its licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, USLA provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither USLA nor any of USLA’s suppliers makes any representation or warranty of any kind, express or implied, as to the operation or availability of the website, or the information, content, and materials or products included thereon; or that the website will be uninterrupted or error-free; or as to the accuracy, reliability, or currency of any information or content provided through the website; or that the website, its servers, the content, or e-mails sent from or on behalf of USLA are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
In those jurisdictions that do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, some or all of the above exclusions and limitations may not apply to you. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the State of New York, excluding its conflicts of law rules, shall govern these Terms of Service and your use of the website. Your use of the website may also be subject to other local, state, national, or international laws.
Disputes Resolution
If you have any concern or dispute about the website, you agree to first try to resolve the dispute informally by contacting USLA.
For European Union (EU) Users
If you are a European Union consumer, you may benefit from any mandatory provisions of the law of the country in which you are resident.
United States Federal Government End Use Provisions
If you are a U.S. federal government end user, our website is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
United States Legal Compliance
You represent and warrant that you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and that you are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms of Service shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Translation Interpretation
These Terms of Service may have been translated. You agree that the original English text shall prevail in the case of a dispute.
Changes to These Terms of Service
USLA reserves the right, at USLA’s sole discretion, to modify or replace these Terms of Service at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at USLA’s sole discretion.
By continuing to access or use the USLA website after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, discontinue using the website.
Contact Us
If you have any questions about these Terms of Service, you can contact USLA:
By email: usla@uppersaranac.com
By mail: P.O. Box 872, Saranac Lake, NY 12983