Website User Agreement
Welcome to the Death Valley Conservancy’s site on the World Wide Web (the “Site”). The terms and conditions set forth below (the “Terms”) govern the use of the Site and are legally binding on you if you use the Site. If you do not agree with any of the Terms, do not access or otherwise use the Site or any information contained on the Site. PLEASE READ THE TERMS CAREFULLY. Further, the Death Valley Conservancy reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this Web site following the posting of changes to these terms constitutes your acceptance of those changes.
By your use of the site, you AGREE TO BE BOUND BY ALL OF THE TERMS WITHOUT LIMITATION OR QUALIFICATION, AND WARRANT BOTH THAT YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS WEBSITE USER AGREEMENT ON YOUR OWN BEHALF AND/OR AS THE AGENT OF YOUR EMPLOYER AND THAT YOU HAVE FULL POWER AND AUTHORITY TO ASSUME THE RESPONSIBILITIES DESCRIBED HEREIN.
1. Use of Site
All information, text, products, software and services provided on the Site, including, without limitation, trademarks, service marks, trade names, logos, graphics and images (the “Content”) are owned by or licensed to the Death Valley Conservancy. The Content may also contain trademarks, service marks and trade names owned by third parties.
Except as otherwise noted in the Site, you are hereby authorized to use the Content solely for your internal business use and not for resale or further distribution and subject to the following conditions:
(a) The Content may be used solely for the purpose of using services or purchasing products offered through the Site, subject to the Terms; and
(b) The Content is protected by copyright. Any copy of the Content or portion thereof must include the Death Valley Conservancy’s copyright notice that is: Copyright the Death Valley Conservancy 2018. Some materials delivered from this Web site may contain other proprietary notices and copyright information relating to those materials and must also be included as contained in the Content. All photographs, information, materials and other content contained on the Site are owned by the Death Valley Conservancy and/or its contributors. This Web site contains original works of authorship that are the proprietary property of the Death Valley Conservancy and/or its contributors, and which are protected under U.S. and international copyright laws. It is prohibited to copy, reproduce, modify, display, republish, upload, post, transmit, distribute, alter, prepare any derivative works of, or otherwise use any material from this Web site, including without limitation code, software, photographs and images, without the prior express written consent of the Death Valley Conservancy.
This authorization terminates automatically, without notice to you, if you breach any of the Terms.
No other permission is granted to you to use, reproduce, publicly display, publicly perform, distribute, store, alter or modify the Content. No permission is granted to use the Death Valley Conservancy’s icons, site address, or other means to hyperlink other Internet sites with any page in the Site. You agree not to “frame” or “mirror” any of the Content contained on or accessible from the Site on any other server or Internet-based device without the advance written authorization of the Death Valley Conservancy or its licensors, as applicable.
Any product, service, process or technology in the Content or offered through the Site is subject to the intellectual property rights reserved by the Death Valley Conservancy and/or its suppliers and/or licensors. Nothing contained in the Site shall be construed as conferring any license or right under any copyright, trade secret, patent, trademark or other intellectual property right (collectively, “IP Rights”) of the Death Valley Conservancy or any third party, and, except as expressly provided herein, all such IP Rights in the products, services, processes or technologies in the Content or offered through the Site are expressly reserved by the Death Valley Conservancy and/or the Death Valley Conservancy’s suppliers and/or licensors, as applicable.
2. Links to Third Party Sites
3. User Information
You represent and warrant that the User Information you provide will be accurate and complete, and that you will update the User Information as appropriate to maintain its accuracy and completeness.
4. Unauthorized Activities
You acknowledge that your User Information and use of the Content contained on the Site are subject to copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations, and agree that you are wholly responsible for your actions. You agree not to interfere with the use of the Site by others, including, without limitation, the submission of any virus to the Site or the transmission of junk mail, spam, bombs or unsolicited email. You further agree not to place on the Site or use to the Site to communicate any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or tortious material of any kind or any material that invades, infringes or violates the rights of any person or entity.
You agree to indemnify, defend and hold the Death Valley Conservancy and its officers, directors and employees entirely harmless from and against any and all demands, costs, damages, liabilities, and expenses arising out of any third party claims relating to (i) your use of the Site, (ii) your breach of any of the Terms, or (iii) your violation of any applicable law, regulation or right of any third party.
6. DISCLAIMER OF WARRANTY
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, the Death Valley Conservancy PROVIDES THE CONTENT AND ANY OTHER INFORMATION ON THE SITE ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. the Death Valley Conservancy ASSUMES NO RESPONSIBILITY FOR ERRORS, OMISSIONS OR MISREPRESENTATIONS IN ANY USER INFORMATION SUBMITTED BY A USER OF THE SITE, OR OTHER INFORMATION THAT IS CONTAINED ON, REFERENCED BY, OR LINKED TO THE SITE.
7. LIMITATION OF LIABILITY
THE DEATH VALLEY CONSERVANCY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING AND DISCLAIMS ANY DAMAGE FROM THE ACCURACY, RELIABILITY OR ANY USE OF THE CONTENT, INFORMATION, MATERIALS OR PRODUCTS CONTAINED ON OR REFERENCED BY THE SITE. YOU ACKNOWLEDGE BY YOUR USE OF THE SITE, THAT YOU DO SO AT YOUR OWN RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SITE.
ANY ARTICLES OR GOODS PURCHASED THROUGH THE SITE ARE SUBJECT TO THE DEATH VALLEY CONSERVANCY’S STANDARD TERMS AND CONDITIONS OF SALE WHICH ARE INCORPORATED HEREIN BY REFERENCE AS THOUGH SET FORTH IN FULL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT the Death Valley Conservancy SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR USE OF THE SITE, INCLUDING PRODUCTS, MATERIALS OR EVENTS REFERENCED THEREBY. IN NO EVENT SHALL the Death Valley Conservancy BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUSINESS INTERRUPTION, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) RESULTING FROM YOUR USE OR INABILITY TO USE THE SITE OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SITE, HOWEVER ARISING, WHETHER FOR BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), EVEN IF the Death Valley Conservancy HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Intended Audience
The Death Valley Conservancy operates the Site in the United States of America and makes no representation that the Site is appropriate or will be available for use in other locations. If you use the Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Site.
Unless otherwise explicitly stated, all marketing, promotional and financial materials found on the Site are solely directed to individuals, companies or other entities located in the United States.
9. Safe Harbor
The Content in the Site may contain various forward-looking statements which may be based on or include assumptions, concerning the Death Valley Conservancy’s operations, future results and prospects. These forward-looking statements are based on current expectations and are subject to risk and uncertainties. In connection with the “safe harbor” provisions of the United States’ Private Securities Litigation Reform Act of 1995, the Death Valley Conservancy provides the following cautionary statement identifying important economic, political and technology factors which, among others, could cause the actual results or events to differ materially from those set forth or implied by the forward-looking statements and related assumptions. Such factors include the following: (1) changes in the current and future business environment, including interest rates and capital and consumer spending; (2) competitive factors and competitor responses to the Death Valley Conservancy’s initiatives; (3) successful development and market introductions of anticipated products; (4) changes in government laws and regulations, including taxes; (5) unstable governments and business conditions in emerging economies; (6) the existence of a favorable environment to make acquisitions, domestic and foreign, including regulatory requirements and market values of candidates; (7) acts of war or terrorism.
Although the Death Valley Conservancy has no obligation to monitor your use of the Site, if the Death Valley Conservancy becomes aware of inappropriate use of the Site or any aspect thereof, the Death Valley Conservancy may respond accordingly. You acknowledge that the Death Valley Conservancy may report to law enforcement authorities any actions which may be considered illegal, as well as any reports the Death Valley Conservancy receives of such conduct. When requested, the Death Valley Conservancy will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
If you violate the Terms, all your rights to use the Site and the Site’s Content shall immediately terminate without further notice to you.
You agree that the Death Valley Conservancy and/or its suppliers or licensors may make improvements and/or changes in the Content or in the products, services, programs and prices described in the Site at any time without notice; and you further agree that the Death Valley Conservancy can revise the Terms at any time without notice by updating this posting. You agree that your continued use of the Site after such revisions have been posted constitutes your acceptance of such revised Terms. You acknowledge that the Death Valley Conservancy reserves the right to discontinue, on a temporary or permanent basis, the Site and the Content, services and products provided herein without notice and without liability to you.
Any action related to the Terms will be governed by California law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You irrevocably submit to the jurisdiction of the courts located in Santa Clara County, in the State of California, for the resolution of all disputes arising from or related to the Terms and/or your use of the Site.
If any provision of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Death Valley Conservancy to enforce any right or provision in the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Death Valley Conservancy in writing. The Terms comprise the entire agreement between you and the Death Valley Conservancy and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.
Death Valley Conservancy is a trademark and/or service mark of the Death Valley Conservancy.
“Borax Twenty Mule Team® of Death Valley” is a registered trademark of U.S. Borax Inc.
Other product and the Death Valley Conservancy names mentioned on the Site may be trademarks and/or service marks of their respective owners.