These terms and conditions of use and service (the “Terms”) cover your access and other use (collectively, “use”) of the sites, templates, applications, tools, services and features of the Redacted Heritage Atlas website and its component Atlases, including the Plantation Atlas (collectively, the “Website”) of wrkSHap kiloWatt, LLC (“wkW”). Please read the Terms carefully before you use the Website. By using the Website at redactedatlas.com and plantationatlas.com, you agree to be bound by these Terms (your agreement with us, the “Agreement”). 

References to “you”, “your,” and similar terms refer to you, as a user of the Website. References to “us”, “we,” “our,” and similar terms refer to wkW.  

1.  Content-Related Terms 

1.1. Applicability. 

These Terms apply to each visitor to and user of the Website (individually “User” and collectively, “Users”). 

1.2. Content. 

From time to time, the content on the website may include, among other things, information, software, processes, maps, geospatial data, text, illustrations, displays, images, trademarks, designs, icons, photographs, video, and audio (collectively, the “Website Content“), all of which are owned by wkW and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. 

1.3.  Limitations. 

Unless you have our express written permission, you may not use, host, store, reproduce, modify, license, create derivative works of, communicate, download, publish, publicly display, or distribute any of the Website Content. If we provide you with express written permission to take such actions with regard to the Website Content: (a) you must display and keep intact all copyright and other proprietary notices; (b) you must credit the “Redacted Heritage Atlas, online at redactedatlas.com” or  “Plantation Atlas, online at plantationatlas.com” (c) you must not commercially use (including sell) any of the Website Content; and (d) you must not use the materials in a manner that suggests wkW approval or participation without its written permission.  

1.4. Permission to Publish Certain Images.

Notwithstanding the preceding subsection, you may without our express written permission create screenshots of the publicly-accessible version of the Redacted Heritage Atlas online at redactedatlas.com or the Plantation Atlas, online at plantationatlas.com, and publish these screenshots in reports, documents, websites, publicity, or other publicly available materials with a credit to “Redacted Heritage Atlas, online at redactedatlas.com” or “Plantation Atlas, online at plantationatlas.com,” respectively.

2.  Functionality-Related Terms

2.1. Our Management of the Website. 

We reserve the following rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law) to: (a) change parts or all of the Website and its functionality; (b) suspend or discontinue parts or all of the Website; (c) terminate, suspend, restrict, or disable your access to or use of parts or all of the Website; and (d) remove or modify content in the Website under any circumstances, including but not limited to circumstances involving proven or alleged illegality, offensiveness, or copyright infringement. 

2.2. Your Use of the Website.

For the avoidance of doubt, to ensure the integrity and security of data contained in the Website and for other reasons, you may not:  cause any of the Website Content to be framed or embedded into another website without our written permission; decompile or reverse engineer any of the software or code we use; probe, scan, or test the vulnerability of our system or network; use any software or other means to scrape or otherwise gather data from the Editor for any purpose, including but not limited to using web scraping tools, bots, or other automated processes to access or extract data from the Editor, including data to which you have not been given explicit access; interfere with or disrupt any user, host, or network by, for example, distributing malware or overloading any part of the Website; avoid, bypass, remove, deactive, impair, descramble, or otherwise circumvent any technological or other measure used by wkW. 

2.3. Disclaimers.

To the fullest extent permitted by applicable law, wkW makes no warranties, either express or implied, about the Website. The Website is provided to you “as is” and “as available.” wkW also disclaims any warranties of merchantability, fitness for a particular purpose, and non-infringement. wkW makes no warranty or representation that the Website will: (a) be timely, accurate, complete, reliable, uninterrupted, or error-free; (b) meet your requirements or expectations, or be suitable for legal, engineering, or land survey purposes; (c) be free from viruses or other harmful components; (d) contain functional or accurate links to third party websites, regulations, or information; or (e) contain content accessible or appropriate outside of the United States.  We are under no obligation to pre-screen, validate, or otherwise verify the accuracy or timeliness of content posted on the Website, whether directly contributed by a member of the wkW research team, and we are not responsible for Website Content and specifically disclaim any liability related thereto.  

3. Miscellaneous Terms 

3.1. Liability.

You acknowledge and agree that to the fullest extent permitted by applicable law, in no event will wkW and its affiliates and its and their directors, officers, employees, and agents be liable with respect to any claims arising out of or related to the Website or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of, or inability to access or use parts, some or all of the Website, including without limitation interruption of use or cessation or modification of any aspect of the Website; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access, or, unauthorized alteration of, any content, information or data, including without limitation the Website Content; or (e) any of the Website Content or other conduct or content of any user or third party using the Website, including without limitation defamatory, offensive, or unlawful conduct or content. To the fullest extent permitted by applicable law, in no event shall the aggregate liability of wkW for all claims arising out of or related to the Website and this Agreement exceed twenty dollars ($20). 

3.2. Indemnification.

To the fullest extent permitted by law, you agree to indemnify and hold harmless wkW and its affiliates and its and their directors, officers, employees and agents from and against all damages, losses, liabilities, costs, claims, demands, fines, awards and expenses of any kind (including without limitation reasonable attorneys' fees and costs) (collectively, “Losses”) arising out of or related to: (a) your breach of this Agreement; or (b) your violation of any law or regulation or the rights of any third party.  

3.3. Governing Law and Jurisdiction.

These Terms will be governed by and construed in accordance with the laws of New York State, without giving effect to any principles of conflicts of law. Any dispute arising out of or in connection with these Terms or wkW will be resolved exclusively in the courts of New York State. 

3.4. Dispute Resolution.

Before filing a formal claim against wkW, you agree to try to resolve the dispute by first emailing info@landuseatlas.org with a description of your issue. All formal disputes must be resolved through arbitration in accordance with the JAMS Streamlined Arbitration Rules & Procedures in effect at the time of the dispute, with any arbitration hearings to take place at a location to agreed upon in New York State, in English, or, if agreed, by video conference, and shall be settled by one (1) commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. You may only resolve disputes with us on an individual basis, and you may not bring a claim as a plaintiff or a class member in a class, collective, consolidated or representative action.

3.5.  Entire Agreement.

This Agreement constitutes the sole and entire agreement between you and wkW regarding the subject matter of this Agreement, and supersedes and replaces any prior or contemporaneous agreements or terms and conditions applicable to the subject matter of this Agreement. You agree that you have not relied upon, and have no remedies in respect of, any term, condition, statement, warranty, or representation except those expressly set out in this Agreement.  

3.6. Waiver, Severability, and Assignment.

Our failure or delay to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect, and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this Agreement or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. wkW may delegate, transfer, or assign this Agreement or some or all of its rights and obligations hereunder, in its sole discretion, with thirty (30) days of prior written notice. 

3.7. Survival.

All sections of this Agreement that by their nature should survive termination shall survive termination, including without limitation the following sections in these Terms and any similar sections or provisions in the rest of this Agreement: Content-Related Terms, Disclaimers, Liability, Indemnification, Governing Law and Jurisdiction, Dispute Resolution, and Waiver, Severability, and Assignment.

3.8. Modifications.

wkW reserves the right to change these Terms at any time without notice, and will post the most current version on the Redacted Heritage Atlas. We will endeavor to notify you of any changes that might affect your substantive rights, but it is your responsibility to review these Terms periodically for any changes. Your continued use of the Website after any changes to these Terms will constitute your acceptance of such changes. If you disagree with the changes, then you must stop using the Website.

3.9. Contact Us.

If you need to contact wkW, please email: atlas@blackinhistpres.com.