Terms of Use

AGREEMENT BETWEEN USER AND Acacia Creek

The Web Site is comprised of various Web pages and web sites operated by Grand Lodge of Free & Accepted Masons of California and its affiliates (“Acacia Creek”).

The Acacia Creek Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein and subject to the Privacy Policy and other terms, policies and procedures which may be posted on a Web page or Web Site. Your use of the Acacia Creek Web Site constitutes your agreement to all such terms, conditions, and notices and Privacy Policy.

If you do do not agree with the terms of these Terms of Use, you may not use the Web site. Please discontinue your use immediately.

MODIFICATION OF THESE TERMS OR USE

Acacia Creek reserves the right to change the terms, conditions, and notices under which the Acacia Creek Web Site is offered at any time so please refer to it periodically.

LINKS TO THIRD PARTY SITES

TheAcacia Creek a Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of theAcacia Creek and theAcacia Creek is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Acacia Creek is not responsible for webcasting or any other form of transmission received from any Linked Site. Acacia Creek is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Acacia Creek of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Acacia Creek Web Site, you warrant to the Acacia Creek that you will not use the Acacia Creek Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Acacia Creek Web Site in any manner which could damage, disable, overburden, or impair the Acacia Creek Web Site, result in the unauthorized disclosure or use of personally identifiable or otherwise sensitive information or interfere with any other party’s use and enjoyment of the Acacia Creek Web Site. You may not use the data or information on the Acacia Creek Web Site for commercial purposes or purposes other than Masonic-related business. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Acacia Creek Web Sites.

By way of example, and not as a limitation, you agree that, when visiting or using a Acacia Creek Web Site, you will: (a) not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity of others); (b) not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented, pornographic, misleading, fraudulent, otherwise objectionable material of any kind or any other material that may violate any applicable laws or violate or infringe any third party rights or violate any confidentiality obligations; (c) not use any Web Site for illegal purposes; (d) not advertise or offer to sell or buy any goods or services for any business purpose unless such Web Site specifically allows such messages; (e) not conduct or forward surveys, contest, pyramid schemes or chain letters; (f) not harvest or otherwise collect information about others, including e-mail addresses, without their consent; (g) comply with all requirements, procedures, policies of the Web Site and all applicable laws and regulations including U.S. export control laws, policies, procedures, laws, regulations and directives governing privacy and the Terms of Use posted on the Web Sites; (h) not take any action that imposes, or may impose, in the sole discretion of the Acacia Creek, an unreasonable or disproportionately large load on the infrastructure or otherwise be disruptive including but not limited to “flooding” any group with posts; (i) not to upload, post, use or otherwise make available any content that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment; or (j) not use information or data on the Acacia Creek Web Site for commercial purposes or purposes other than Masonic-related business.

USE OF COMMUNICATION SERVICES

The Acacia Creek Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services at your own risk and that you are solely responsible for the contents of your private and public communications, whether uploaded, posted, emailed or otherwise transmitted. You agree only to post, send and receive messages and material that are proper and related to the particular Communication Service and otherwise in compliance with these Terms of Use and any other applicable terms of use.

The Acacia Creek has no obligation to monitor the Communication Services. However, Acacia Creek  reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Acacia Creek reserves the right to terminate your access to any or all of the Communication Services or Web Site at any time without notice for any reason whatsoever.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Acacia Creek does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Acacia Creek specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Users are not authorized the Acacia Creek spokespersons, and their views do not necessarily reflect those of Acacia Creek.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Password and User Name

Access to some content accessible from this Web Site is password controlled. By registering for an account, a password and the right to use the protection portions of this Web Site, you are certifying that you are an authorized to access and use the Web Site and agree to be bound by Terms of Use (and any additional terms required for access to password controlled content) and that the user name and password are unique to you. You are solely responsible for maintaining the confidentiality of your user name and password. You are advised that you could be held liable for losses incurred by Acacia Creek as a result of the misuse of your user name, password or account.

PERSONALLY IDENTIFIABLE OR OTHERWISE SENSITIVE DATA AND INFORMATION

Some of the Web Sites include personally identifiable or otherwise sensitive data or information. You acknowledge and agree that, by your use of such Web Sites: (a) you are an authorized user of the Web Site; (b) you will use this website in accordance with the Privacy Policy, Terms of Use and other posted use requirements; (c) you will use your best efforts to maintain all personally identifiable and otherwise sensitive information in the highest confidence and only use such information for such purposes consistent and in accordance with the posted Privacy Policy, Terms of Use and other posted use requirements. Other use requirements include using the Web Site only for purposes of communicating with Members information which is relevant and related to activities and matters of Free Masonry, the Grand Lodge and Lodge.

MATERIALS PROVIDED TO MASONS OF CALIFORNIA OR POSTED AT ANY MASONS OF CALIFORNIA WEB SITE

Acacia Creek does not claim ownership of the materials you provide to Acacia Creek (including feedback and suggestions) or post, upload, input or submit to any Acacia Creek Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Acacia Creek, its affiliates, employees, contractors, leadership, members, service providers, advisors, accountants, auditors, other professional advisors and temporary employees, permission to use your Submission in connection with Acacia Creek’s legitmate interests consistent with the tenets of Free Masonry and programs and services offered by and through Acacia Creek including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Acacia Creek is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Acacia Creek’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

You agree to use the Acacia Creek Web Site at your own risk and that you are solely responsible for the contents of your private and public communications, whether uploaded, posted, emailed or otherwise transmitted.

There are no warranties of any kind, express or implied, including but not limited to IMPLIED warranties of merchantability, fitness for any particular purpose, TITLE or non-infringement REGARDING THE INFORMATION, PROGRAMS, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE MASONS OF CALIFORNIA WEB SITE AND, THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PROGRAMS, PRODUCTS OR SERVICES ARE PROVIDED ON AN “AS-IS” BASIS.

In no event shall ACACIA CREEK be liable for any direct, indirect, incidental, special, exemplary, consequential or punitive damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, DAMAGE TO SOFTWARE OR HARDWARE, LOST profits or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of ACACIA CREEK WEB SITE even if advised IN ADVANCE of the possibility of such damage. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Masons of California WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Acacia Creek WEB SITE.

DISCLOSURE

Acacia Creek reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Acacia Creek’s sole discretion.

TERMINATION AND ACCESS RESTRICTION

Acacia Creek reserves the right, in its sole discretion, to terminate your access to the Acacia Creek Web Site and the related services or any portion thereof at any time, without notice.

GENERAL

To the maximum extent permitted by law, these Terms of Use and the Privacy Policy are governed by the laws of the State of California, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the use of the Acacia Creek Web Site. Use of the Acacia Creek Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Masons of California as a result of this agreement or use of the Acacia Creek Web Site. Acacia Creek’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Acacia Creek’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Acacia Creek Web Site or information provided to or gathered by Acacia Creek with respect to such use. If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, these Terms of Use and the Privacy Policy constitute the entire agreement between the user and Acacia Creek with respect to the Acacia Creek Web Site superseding all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Acacia Creek with respect to the Acacia Creek Web Site. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Rev 10162009

Copyright © 2009 Grand Lodge of F. & A.M. of California. All rights reserved. Grand Lodge of F. & A.M., 1111 California Street, San Francisco, CA 94108