CPC Terms and Conditions

September 14, 2021

 

The Center for Plant Conservation (“CPC”) maintains this website, www.saveplants.org, as a service to its Participating Institutions and the public at large.  We may revise and update these Terms and Conditions at any time.  Your continued usage of the Center For Plant Conservation website (“CPC Site”, or the “Site”) will mean you accept those changes.

Content and Third Party Postings

While CPC will use reasonable efforts to include accurate and timely information on the Site (“Content”), it makes no warranties or representations as to the accuracy of information or timeliness of resources presented on the Site or through links to other websites.  CPC shall not be held responsible for any action taken that is based on the information presented on its Site, and all users agree that access and use of the CPC Site and any Content presented on the Site will be at the user’s own risk.

In addition, Portions of the Site may now or in the future allow users to post their own material.  The materials posted by users do not necessarily reflect the views of CPC.  By posting materials to the CPC Site, you represent that you have all necessary rights in and to such materials, and that such materials will not infringe on any personal or proprietary rights of any third parties, nor will such materials be defamatory, unlawful, threatening, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.  CPC reserves the right, at its sole discretion, to review, edit or delete any material posted by users that CPC deems defamatory, unlawful, threatening, obscene, lewd, lascivious, excessively violent, harassing, or otherwise objectionable.  NOTWITHSTANDING THE FOREGOING, CPC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY MATERIAL COMMUNICATED BY THIRD PARTIES THROUGH THE CPC SITE.

By posting materials to the CPC Site, you authorize CPC to use and/or authorize others to use any such materials in any manner or medium.  You may not advertise or solicit on this website without CPC’s express permission.

Links, Resources and References

This website contains references and links to information, products and services provided by third parties. These references and links are provided as aids to help you identify and locate other resources that may be of interest, and unless otherwise noted are not intended to state or imply that CPC sponsors, endorses or is affiliated or associated with the persons or entities who provide such information, products or services, nor are the references or links intended to state or imply that CPC is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyright symbol that may be reflected in them.

Any communication transmitted to CPC via the CPC Site or through mail links enabled from this site may be accessed and viewed by other Internet users, without your knowledge and permission. Do not use links in this website to communicate private information or other information that you consider protected or confidential. When you access this site or submit information via this site, you consent to the collection, use, and disclosure of that information as described in our Privacy Policy, which may be found at saveplants.org.

Copyright

Material published in this web site is copyright owned by CPC unless otherwise noted. Such material is protected by U.S. and international copyright laws and treaties. All rights are reserved.  If you find these materials useful, you may download, print out or send a copy to others but only for personal use or nonprofit uses.  It is absolutely prohibited to reprint or electronically reproduce any text, document, graphic, or audio or visual material for commercial use.  For special copyright permissions, please write to info@saveplants.org or to CPC headquarters at 15600 San Pasqual Valley Rd. Escondido, CA 92027-7000.

Disclaimer of Endorsement

The information posted on the CPC Site includes information copyrighted by others, as well as hypertext links to other websites.  These linked websites are developed and maintained independently and are not a part of the CPC Site.  When you leave the CPC Site and travel to another website or web page, you become subject to the terms of use and privacy policies of those other websites.  Neither CPC nor any of its affiliates controls or guarantees the accuracy, relevance, timeliness, completeness of any content found on a linked website or endorses the views expressed, or products or services offered by, any third party information or linked website.

Disclaimer of Liability and Warranties

This Site and its contents are provided “as is” and use of the Site and the Content is at your own risk.  We disclaim all warranties, express and implied, including the implied warranties of merchantability and of fitness for a particular purpose with respect to any information contained on, accessible through or derived by you from this Site. Without limiting the foregoing, CPC, its licensors, and its suppliers make no representations or warranties about the accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links or communications provided on or through the use of the CPC Site.  We likewise disclaim any and all liability to you arising out of interruption or damage to your computer system or software as the result of accessing or otherwise using this site.  WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING LOST REVENUES, LOST PROFITS OR LOSS OF DATA ARISING OUT OF YOUR USE OF THIS SITE. In the event that any of the foregoing limitations and disclaimers is ineffective, you agree that our maximum liability to you shall be the total of the fees you may have paid to us in connection with your access to this site and/or for products or services you may have purchased from us through this site.

Legal Actions

These Terms of Use and the associated Privacy Policy shall be governed by and construed in accordance with the laws of the State of California without regard to conflicts of laws principles, and you agree to submit to the personal jurisdiction of the courts of the State of California.  In the event that any portion of these Terms of Use is deemed to a court to be invalid, the remaining provisions shall remain in full force and effect.  You agree that regardless of any statute or law to the contrary, any clam or cause of action arising out of or related to this website, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in California.  If a court of competent jurisdiction should find that any provision or portion of these Terms of Use or the Privacy Policy is unenforceable, the remainder of each document will continue in full and effect.

Modifications to Site.

CPC reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the site, including but not limited to, content, features or hours of availability.  CPC may impose limits on certain features of the site or restrict your access to part or all of the Site without notice or penalty.

Miscellaneous

The Agreement comprises the entire agreement between you and CPC and supersedes all prior agreements between the parties, regarding the subject matter contained herein.  All provisions in the Agreement regarding representations and warranties, indemnification, disclaimers and limitation of liability shall survive any termination of this Agreement.  CPC reserves the right to change this Agreement at any time by posting a new Agreement on the Site.  Your continued use of this Site after such changes are posted will constitute your agreement with such changes.

Monitoring

You agree that CPC has the right, but not the obligation to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any material and content anywhere on the site including, but not limited to message boards, email and other forums.  Notwithstanding this right, CPC does not and cannot review all materials posted to the Site by users and CPC is not responsible for any such materials posted by users.

 

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