Desert Botanical Garden (“DBG”, or “we”, “us”, or “our”, as applicable) provides www.dbg.org (the “Website”) for your information. In this document, “use of the Website” or similar language means your accessing the Website, sending or receiving email or other electronic communications to or from us, conducting shopping transactions for products and services, and other similar events, products, materials, or services offered in connection with the dbg.org domain. When you visit us, or send e-mails to us, you are communicating electronically. You agree to receive communications from us electronically. When we communicate with you by e-mail or this website, you agree that all agreements and other communications that we provide you electronically satisfy all legal requirements, if any, that such communications be in writing.
Use of Website. DBG authorizes you to view and/or download the materials at www.dbg.org and other websites that are linked to this site or affiliated with this site (collectively, the “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 Website (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.
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. 3,019,702)
Other than nominative uses, 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 Websites. 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: email@example.com. 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.
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);
- To impersonate or attempt to impersonate DBG, a DBG employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing); or
- 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 DBG or users of the Website or expose them to liability.
Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
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.
Last modified 12/2019