Terms and Conditions

Welcome to www.theplantinitiative.org. This website (Site) is owned and operated by The Plant Initiative. It is provided for general informational, educational, and awareness purposes and other various services, subject to the terms and conditions set forth in this document (Terms of Use).

By accessing this Site, you agree to comply with and are bound by these Terms of Use. The Plant Initiative reserves the right to change or modify the Terms of Use without notice at any time. Any changes or modifications to The Plant Initiative's Terms of Use policy will be effective upon including the revisions and changes on this page on the Site. Your continued use of this Site after we have posted revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use.

Intellectual Property Rights; Limited License

All material on the site, including text, photographs, images, illustrations, graphics, sound recordings, video and other material (collectively "Content")  are protected under applicable intellectual property and other laws of the United States. 

Use of Site. Except as otherwise indicated on the Site, you may view, download, retrieve, access, store and print documents and information available on this Site subject to the following conditions:

Use of this site is subject to The Plant Initative's Privacy Policy.

* The documents and information may be used solely for personal, information, educational, non-commercial purposes.

* The documents and information may not be modified or altered in any way.

* You may not remove any copyright or other proprietary notices contained in the documents and information.

* The Plant Initiative reserves the right to revoke the authorization to view, download, retrieve, access, store and print documents and information available on this site at any time, and any such use shall be discontinued immediately upon written notice from The Plant Initiative.

* The rights granted to you constitute a license and not a transfer of title.

* You may not sell or resell Content.

* You may not modify, reproduce, display, publicly perform or otherwise use Content in any way not expressly authorized under the Terms of use.

* You may not use the Content on any other website or in any other networked computer environment for any purpose.

* You shall not copy or adapt the HTML or other code that is used to generate pages on the Site.

* The pages and elements on this site are protected by Intellectual Property Rights, owned by The Plant Initiative, and are not licensed hereby. You may not copy or imitate, in whole or in part, the pages and elements on this Site. The rights specifically above to view, download, retrieve, access, store and print the Content available on this Site are not applicable to the design or layout of this Site.

* This Site is not intended to provide specific commercial, financial, investment, accounting, tax, or legal advice.

User Content. In these Terms of Use, User Content refers to all of the text, photographs, images, illustrations, graphics, sounds, video, and other content posted by you and other users on or through this Site. You shall be solely responsible for User Content you submit and the consequences of The Plant Initiative's posting or publishing such User Content. In connection with any User Content you submit, you affirm, represent, and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize The Plant Initiative to use all Content; and (ii) you have the written consent, release, or permission to use the name, image or likeness of each individual identified in the User Content.

Because we do not control User Content posted on this site, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability or quality of that user Content. By accessing this Site you agree and understand that you may encounter User Content that you consider objectionable. The Plant Initiative has no responsibility for that User Content, including without limitations any errors or omissions therein.

The Plant Initiative reserves the right to monitor all User Content. We reserve the right to require that you avoid certain subjects if we believe that doing so will help ensure compliance with applicable laws. The Plant Initiative reserves the right, but does not assume the obligation, to remove any User Content at any time without notice at our sole and absolute discretion.

Removal of Content

The Plant Initiative does not knowingly permit copyright infringing activities and infringement of intellectual property rights on this Site, and will remove all Content or User Content if properly notified that such infringement has occurred.

If you are a copyright owner or agent thereof and believe that any Content or User Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (the "DMCA") by providing The Plant Initiative with the following information in writing: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on this Site (including the URL, title and/or item number if applicable, or other identifying characteristics); (iv) your name, address, telephone number, and e-mail address, and, if you are not the owner of the copyright, the name of the owner; (v) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Your statement may be sent to Webmaster Copyright Agent, The Plant Initiative, P. O. Box 10803, White Bear Lake, MN 55110.

Trademarks

The Plant Initiative name, trademarks, service marks, brand names, and logos (collectively "The Plant Initiative Marks") appearing on this Site are owned by The Plant Initiative and others. You are not authorized to display or use The Plant Initiative Marks in any manner without expressed permission.

Links to Third Party Sites

This Site may provide links to other websites maintained by third parties. You acknowledge and agree that such links are provided for your convenience only and do not reflect endorsement, affiliation, relationship or sponsorship by The Plant Initiative with respect to the provider of such links or the quality, reliability or other characteristic feature of such linked site. The Plant Initiative is not responsible in any manner for damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products or other material on or available from such sites.

Disclaimer of Warranties

THE PLANT INITIATIVE AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES PROVIDE THIS SITE "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE PLANT INITIATIVE AND ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, AND AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THIS SITE, OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PLANT INITIATIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PLANT INITIATIVE DOES NOT WARRANT THAT THIS SITE, OR ITS SERVERS, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL THE PLANT INITIATIVE OR ITS AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, OR AFFILIATES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THIS SITE, INCLUDING, WITHOUT LIMITATION, YOUR USE OR INABILITY TO USE THE SITE, ANY CHANGES TO OR INACCESSIBILITY OF THE SITE, DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE, OR ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.

Governing Law

This Agreement is made in and shall be governed and construed by the laws of the State of Minnesota, United States of America, without reference to conflicts of laws. If you access this site from locations outside Minnesota or the United States, you are voluntarily and purposefully availing yourself of the laws of the State of Minnesota, United States of America, and you are solely responsible for compliance with all your local laws. Access to the Site from locations where the Site's contents may be unlawful is prohibited.

Entire Agreement

This Terms of Use (together with The Plant Initiative's Privacy Policy and any click-through agreement to which you may be subject) contain the entire understanding and agreement between the parties and supersedes any and all prior communications, negotiations and agreements, whether oral, written, or electronic, between the parties.