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Terms of Use

Desert Botanical Garden

Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND RELATED WEB PAGES, SOFTWARE, APPLICATIONS, AND OTHER SERVICES. USING THESE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THESE SERVICES.


Use of Site.  Desert Botanical Garden® (“DBG”) authorizes you to view and/or download the materials at this Website and other DBG Websites that are linked to this site or affiliated with this site (collectively, the “Site” or “Services”), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively "Content") may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of DBG EXCEPT: only for your personal, non-commercial use, and provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. For purposes of these Terms, any use of this Content on any other website or networked computer environment for any other purpose is prohibited.

Copyrights, Trademarks And Service Marks.  Unless otherwise noted, all Content and other materials on the Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by DBG or by other parties that have licensed their material to DBG.  The Content of the Services is copyrighted and any unauthorized use of the Content of the Services may violate copyright, trademark, and other laws, in addition to being a material breach of the Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on the Site. By making these Marks available on the Site, DBG is not granting you a license to use them in any fashion. Access to the Services does not confer upon you any license under any of DBG’s or any third party’s intellectual property rights.  Use of DBG’s proprietary logos, service marks, trademarks, slogans and product designations found on this Site by users is restricted as set forth in the Terms of Use.

The following trademarks and other marks (not listed here) are used in connection with the Services, and are the proprietary trademarks of DBG:

DESERT BOTANICAL GARDEN (U.S. Registration No. 3019702)
DBG’s trademarks may be used publicly only with prior written permission from DBG.  Fair use of DBG’s trademarks in advertising and promotion of DBG products requires proper acknowledgment.  No DBG trademark or service mark may be used as a hyperlink without DBG’s prior written permission.  Other trademarks that may appear in connection with the Services may be owned by third-parties and used with the permission of the third-parties.  You also agree not to use those trademarks without the permission of their respective owners.

The various marks used in connection with the Services represent some of the marks currently owned or controlled by DBG or under license to DBG. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all DBG worldwide proprietary ownership rights, and DBG may own or control other proprietary rights in one or more countries outside of the United States.

Links To Third Party Web Sites. The Services may provide links to other third party websites or resources.  Such links to third party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. DBG has not reviewed all of these third party sites and does not control and is not responsible for any of these sites or their content. Thus, DBG makes no representations whatsoever about any other website, which you may access through the Services, or any information, software or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to the Services, you acknowledge and agree that DBG is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that DBG 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 use of or reliance on any such third-party materials, content, products or services available on or through any such site or resource.

Fees.  Certain aspects of the Services may require or involve sales fees, transaction fees, and other types of fees (“Fees”).  By using these aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees.

Disclaimer. THE MATERIALS, INFORMATION AND SERVICES PROVIDED IN THE SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

DBG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

DBG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS, DATA OR INFORMATION IN THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE DBG MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT DBG ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT DBG. DBG UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

THE INFORMATION PRESENTED ON THE SITE OR BROADCAST FROM THE SITE WITH WEBSITE SOFTWARE BY DBG FROM DBG PUBLICATIONS, WRITINGS AND/OR THIRD PARTY BOOKS OR WRITINGS IS FOR INFORMATION PURPOSES ONLY AND IS NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.

Limitation of Liability. IN NO EVENT WILL DBG, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SERVICES, ANY WEB SITES LINKED TO THE SITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THE SITE OR THE SOFTWARE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  NOTWITHSTANDING THE FOREGOING, DBG’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Procedure for Making Claims of Copyright Infringement.  DBG respects the intellectual property rights of others, and expects its users to do the same.  DBG will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) (www.copyright.gov/legislation/dmca.pdf).  Any notifications of claimed copyright infringement must be sent to DBG at the following address: www.copyright@dbg.org .   When notifying DBG of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

GENERAL TERMS

Applicable Laws. These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content shall be governed by the internal substantive laws of the State of Arizona. By using the Services, and agreeing to the Terms of Use, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona.

Termination. DBG, in its sole discretion, may terminate or restrict your use or access to this Site (or any part thereof) for any reason, including, without limitation, if DBG believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of the Services, whether in printed or software format.
Notices. Notices to you may be made via either email or regular mail. DBG may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site.

Privacy.  DBG recognizes the need to protect the privacy of users of this Site, and to provide additional privacy protection to children. Children under the age of 13 may visit this Website only with parental permission.  DBG does not require children under the age of 13 to disclose any personally identifiable information. Please see our Privacy Policy www.dbg.org. for more information.

Revisions. DBG may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The materials and services at the Site may be out of date, and DBG makes no commitment to update the materials and services at this Site.

Additional Terms. Certain items or programs offered by the Site, whether by DBG or its partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas. The Additional Terms and this Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms of Use, the Additional Terms shall control.

Waiver. DBG's failure to enforce any part of these Terms of Use shall not constitute a waiver of any of DBG’s rights under these Terms of Use, whether for past or future actions on the part of any person.  Neither the receipt of any funds by DBG nor the reliance of any person on DBG’s actions shall be deemed to constitute a waiver of any part of these Terms of Use.  A specific, written waiver signed by an authorized representative of DBG may only provide a legal waiver.

Severability.  If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Acceptance of Terms.  You acknowledge you have read, and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable Content. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SERVICES.

© Copyright 2010 DESERT BOTANICAL GARDEN®. All Rights Reserved.

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