This Web site is owned and operated by the Lake Wilderness Arboretum Foundation. (“LWAF”). By using this site, you signify your consent to these terms and conditions (“Terms”) and you agree to ensure that any person in your company or firm to whom you grant access to this site will abide by these Terms. We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms at any time and shall inform you of any such material changes by posting notice on the site. Your continued use of the site following the posting of changes to these Terms will mean you accept these changes.
Links to Third Party Sites. The site may contain links to third-party Web sites (“Third Party sites”). You understand that Lake Wilderness Arboretum Foundation has no control over Third Party sites, does not endorse, has not reviewed and is not responsible for the content or availability of Third Party sites. You acknowledge that use of Third Party sites is at your own risk.
Intellectual Property. The content on the site, including without limitation, the text, graphics, photos, videos, interactive features and the like and the trademarks, service marks and logos contained therein (“Content”), are owned by or licensed to Lake Wilderness Arboretum Foundation, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. As a user of the site you are granted a nonexclusive, nontransferable, revocable, limited license to access and use the site and Content in accordance with these Terms. Lake Wilderness Arboretum Foundation may terminate this license at any time for any reason. Content on the Web site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever, except as permitted by these Terms, without the prior written consent of Lake Wilderness Arboretum Foundation. Lake Wilderness Arboretum Foundation reserves all rights not expressly granted in and to the site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any Content or enforce limitations on use of the site or the Content therein.
User Conduct. You shall not attempt or engage in potentially harmful acts that are directed against the site including, without limitation, the following: (a) Using the site in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (c) using manual or automated software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any pages contained in the site; (d) introducing viruses, worms, software, Trojan horses or other similar harmful code into the site; (e) interfering or attempting to interfere with the use of the site by any other user, host or network, including without limitation by means of submitting a virus, overloading, “flooding,” “spamming,” “mail bombing,” “pinging” or “crashing” the site; (f) causing, allowing or assisting machines, bots or automated services to access or use the site or without the express written permission of Lake Wilderness Arboretum Foundation; (g) misusing, tricking, disrupting or otherwise interfering with the functioning of the site; (h) harvesting or collecting email addresses or other contact information of other users or clients from the site by electronic or other means; (i) reverse engineering, decompiling, disassembling, deciphering or otherwise attempting to derive the source code for any underlying intellectual property used to provide the site, and (j) engaging in “framing,” “mirroring” or otherwise simulating the appearance or function of the site.
DISCLAIMER OF WARRANTY. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. WITHOUT LIMITATION, LAKE WILDERNESS ARBORETUM FOUNDATION DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE. LAKE WILDERNESS ARBORETUM FOUNDATION MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES, SO PORTIONS OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Termination. You acknowledge and agree that Lake Wilderness Arboretum Foundation, in its sole and absolute discretion, may, without notice to you, suspend or terminate your use of, or access to, the site for any reason including when Lake Wilderness Arboretum Foundation believes that you have violated any of these Terms. You further agree that Lake Wilderness Arboretum Foundation shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with the site or with any terms, conditions, rules, policies, guidelines or practices of Lake Wilderness Arboretum Foundation, your sole and exclusive remedy is to discontinue using the site.
Copyright Notices. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification should be sent to: Copyright Agent at firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 75(D), your DMCA notice may not be valid.
Governing Law and Entire Agreement. These Terms are governed by the laws of the State of Washington, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of Washington in the event of a dispute of any kind arising from or relating to the site, or your use or review of it. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that these Terms will otherwise continue in full force and effect. Failure of Lake Wilderness Arboretum Foundation to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.