Terms and Conditions for Use
Ownership and Definition of Services.
The Pacific Plant Restoration key (the "Product") was developed by Hawai‘i Conservation Alliance (the "Alliance"), with the support of the U.S.D.A. Natural Resources Conservation Service and the Lennox Foundation (collectively, the "Funding Parties"). The Product is owned by the Alliance . The Product is available for use by the public and is intended to assist managers of restoration projects in selecting plants appropriate for their project out-planting sites in the U.S States and Territories across the Pacific. The use of this Product must accompany other conservation and restoration plans and procedures to be effective.
Eligibility of Use.
The Product is subject to the terms of this Product Policy (the "Policy"). Your use of the Product indicates you accept the terms herein and agree to abide by them. The Alliance reserves the right and may, from time to time, modify the Product. Your continued use of the Product, after modifications, indicates your acceptance of the modification and the applicability of the Policy thereto. You understand and agree that the Product is provided "AS-IS" and that the Alliance and Funding Parties assume no responsibility for any aspect of this Product.
You agree to defend, indemnify and hold harmless the Alliance, Funding Parties, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use or misuse of the Product, your violation of the terms of Product, your infringement of any intellectual property right of another, etc.
Disclaimer of Warranties.
YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND THE ALLIANCE AND FUNDING PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY. ADDITIONALLY, THERE IS NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.
Limitation of Liability.
IN NO EVENT SHALL THE ALLIANCE OR FUNDING PARTIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PRODUCT OR WITH THE DELAY OR INABILITY TO USE THIS PRODUCT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THIS PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN THE ALLIANCE AND FUNDING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE USER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER THE ALLIANCE NOR FUNDING PARTIES NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS PRODUCT.