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Terms of Use

About this policy

This is the Terms of Use that governs the use of all data, guidance, and other data, scientific or otherwise, shared on sfei.org for your benefit. By browsing the website and obtaining any information contained therein, you consent to the terms described below on this page.

This policy covers:

  • Your acceptance of the policy
  • Intellectual property rights / website use
  • Trademarks
  • Prohibited Uses
  • Data usage
  • Changes to the Website
  • Tracking visits to the website
  • Linking to the Website
  • Links from the Website
  • Geographic Restrictions
  • Disclaimer of Warranties
  • Limitation on Liability
  • Indemnification
  • Governing Law and Jurisdiction
  • Waiver and Severability
  • Entire Agreement

We thank you for taking the time to review the terms of use associated with this website and materials it contains.

Website Terms of Use

Last Modified: May 17, 2025

 

Acceptance of the Terms of Use

These terms of use are entered into by and between you and the San Francisco Estuary Institute ("SFEI," "we," or "us"). The following terms and conditions (the "Terms of Use") govern your access to and use of sfei.org, including any content, guidance, and data, scientific or otherwise, shared on sfei.org (the "Website") for your benefit.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://sfei.org/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, which may change from time to time at our discretion, you must not access or use the Website.

Intellectual Property Rights / Website Use

The Website and its entire contents, features, and functionality (including but not limited to all information, data, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by SFEI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Unless otherwise specified in association with specific information distribution, all information, software, and data distributed via this Website may be redistributed with proper attribution to SFEI and with reference to the specific Website page by which the source information is originally posted or shared. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without attribution to SFEI as outlined herein, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

You may store files that are automatically cached by your Web browser for display enhancement purposes.

You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications. Discover more information about SFEI’s datasets, tools, and software. 

You must not:

  • Modify copies of any materials from this site.
  • Use any data, information, or software without proper attribution to SFEI.
  • Use any data, information, or software without fully reviewing all available contextual information and/or metadata.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
  • If you wish to make any use of data, information, software, or other materials on the Website other than that set out in this section, please address your request to the GIS Manager, at 510-746-7334 or [email protected].
  • No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by SFEI. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

The SFEI name, the terms SFEI and SAN FRANCISCO ESTUARY INSTITUTE, and all related names, logos, product and service names, designs, and slogans are trademarks of SFEI or its affiliates or licensors. You must not use such marks without the prior written permission of SFEI. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
  • To impersonate or attempt to impersonate SFEI, a SFEI employee, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the SFEI or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available for public benefit and without any assurance or warranty of the accuracy, completeness, precision, timeliness, or usefulness of this information. 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 materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. Prudent usage, knowledge of the data quality, and professional courtesy should all be considered in obtaining and using SFEI data. As our geospatial data does not reflect engineering surveys, they must neither be used as such nor used beyond the reasonable limits of the source scale.

This Website may include content provided by third parties, including materials provided by other third-party contributors, aggregators, and/or government or regulatory services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the SFEI, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of SFEI. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.  

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy: https://sfei.org/content/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to the Website 

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. Furthermore, you may cite other pages for purposes of attribution, as described above under “Intellectual Property.”

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the State of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

THE WEBSITE, THE CONTENT, AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, SFEI DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SITE, THE CONTENT, THE TRADEMARKS AND ALL INFORMATION, PRODUCTS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SFEI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE; (C) RELATING TO THE SECURITY OF THE SITE; OR (D) THAT THE SITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitation on Liability

UNDER NO CIRCUMSTANCES, WILL SFEI, ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SITE, ANY CONTENT, OR ANY INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE WEBSITE.

THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF INCOME OR PROFITS), WHETHER THE CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SFEI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND WITHOUT REGARD TO THE EFFECTIVENESS OF OTHER REMEDIES.

IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN SUCH PART MAY BE SEVERED OR MODIFIED TO THE EXTENT NECESSARY TO MAKE THIS LIMITATION OF LIABILITY VALID AND ENFORCEABLE AND, IF SUCH PART IS SO SEVERED OR MODIFIED, THE REMAINDER OF THIS LIMITATION OF LIABILITY SHALL CONTINUE UNABATED IN FULL FORCE AND EFFECT.

Indemnification

You agree to defend, indemnify, and hold harmless SFEI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, any use of the Website's content, data, and services other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of Richmond and County of Contra Costa. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Waiver and Severability

No waiver by SFEI of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SFEI to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

This Terms of Use, our Privacy Policy, and any individual terms of use and disclaimers associated with individual datasets and software constitute the sole and entire agreement between you and SFEI regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Your Comments and Concerns

This website is operated by San Francisco Estuary Institute, 4911 Central Ave., Richmond, CA 94804. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].