Please read the License Agreement presented below as you must
indicate your acceptance of this Agreement at the time you register
to become a Member. If you do not agree with the terms of this
agreement, then please exit this Site as you will not be provided
full access. Namely, the corporation that developed and owns
this Site, Perishables Research Organization ("PRO"),
is unwilling to grant you a license to use the Site without
your acceptance of this Agreement.
1. Grant of License for Registered Users.
PRO grants you a non-exclusive, non-transferable license to
access this Site and to use the information contained therein
only in conjunction with the marketing of cut flowers, cut greens,
bedding plants, potted plants, seeds, plugs, cuttings and postharvest
care and/or floral marketing products/equipment/services or
for use by university research, extension and/or teaching personnel.
Any other use of the Site and information obtained from entrance
to the Site is strictly forbidden. Wholesale downloading of
the information in this Site is also expressly forbidden under
the terms of this license agreement.
2. Ownership. You do not own the databases
contained in this Site but have been granted a license for their
use as described herein for the specific limited purposes as
long as this license agreement remains in full force and effect.
Ownership of the Site and, unless otherwise agreed to in writing,
all intellectual property rights contained therein, shall remain
at all times with PRO. Any unauthorized use of the information
found in this Site by any person, business, corporation, university,
government organization or any other entity is strictly forbidden
and is a violation of this license agreement.
3. Copyright. Intellectual property laws,
including US copyright laws, international treaties and conventions,
protect the content provided by or in conjunction with this
Site including text, pictures and multimedia. Your rights to
copy, store or modify this database are limited as stated in
this agreement. You may not remove any proprietary notice of
PRO from any documentation found herein. PRO retains all copyright
rights in the selection, coordination and/or arrangement of
such materials found within this Site.
You have been granted no rights for the use
of the third party content and materials that are referenced
and listed in the Site. You are advised that US Copyright laws,
international treaties and conventions and other intellectual
property laws may protect any such third party content. With
regard to the third party content referenced in this Site, you
should seek to obtain rights independently from the authors
and owners referenced herein.
4. Trademarks/Service Marks. This license
agreement does not grant you any rights to any trademarks or
service marks owned by PRO, including but not limited to, "Chain
of Life Network®".
5. Restrictions. Non-wholesale reproduction
of the information presented in this Site is allowed and encouraged
on the condition that it is directly associated with the production
and/or sale of the floral products described above or as related
to university research, extension and/or teaching activities.
Otherwise, you may not publish, display, rent, lease, modify,
loan, distribute or create derivative works based upon the selection,
coordination and arrangement of data within the Site except
as described herein.
6. Disclaimer of Warranty. THERE IS NO
EXPRESS OR IMPLIED WARRANTY REGARDING THE ACCURACY OF THE CONTENT
FOR THE INFORMATION FOUND IN THIS SITE. PRO is mainly acting
as a conduit for such content in the collecting, compiling,
presenting and referencing the content, which, unless otherwise
noted, that has been prepared mostly by third parties.
PRO DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRO
DOES NOT WARRANT THAT ANY INFORMATION PRESENTED HEREIN WILL
OPERATE OR MEET THE NEEDS YOU MAY HAVE. Some jurisdictions do
not allow the waiver or exclusion of implied warranties so they
may not apply to you.
7. Limitation of Liability. IN NO EVENT
WILL PRO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT,
SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
LOSS OF PRODUCTS OR LOSS OF GOODWILL) ARISING OUT OF THE INABILITY
TO USE THIS SITE, USE THE INFORMATION REFERENCED IN THE SITE
OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF PRO HAS BEEN ADVISED
OF SUCH DAMAGES. PRO'S AGGREGATE LIABILITY WITH RESPECT TO ITS
OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE SHALL NOT EXCEED
THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR ACCESS TO THE
SITE. Because some jurisdictions do not allow the exclusion
or limitation of liability for consequential damages or incidental
damages, the above limitation may not apply to you.
8. Termination. This license agreement
is effective until it is terminated. You may terminate this
license agreement at any time by ceasing use of the Site and
the use of the information found therein. PRO may terminate
this license agreement for any reason, including, but not limited
to, if PRO finds that you have violated any terms of this license
agreement and/or have discontinued your subscription. Upon notification
of termination, you agree to destroy or return all documentation
that you have obtained from use of the Site. All provisions
relating to proprietary and ownership rights shall survive the
termination of this agreement.
9. General Terms of Usage.
a) This agreement shall be construed, interpreted
and governed by the laws of the State of California without
regard to conflicts of law provisions thereof. The exclusive
forum for any disputes arising out of or relating to this
license agreement shall be an appropriate federal or state
court sitting in Sonoma County, State of California, US.
b) This license agreement shall constitute the entire agreement
between the parties hereto.
c) Any waiver or modification of this license agreement shall
only be effective if it is in writing and signed by both parties
hereto.
d) If any part of this license agreement is found invalid
or unenforceable, the remainder of the license agreement shall
be interpreted so as to reasonably effect the intention of
the parties.
e) Both parties shall exercise their best efforts to settle
all disputes arising under this contract by mutual agreement.
If the dispute cannot be settled through mutual, amicable
negotiations, the parties agree to first attempt good faith
settlement by mediation. Mediation shall be non-binding, directed
toward resolution of all outstanding issues, and shall be
designed to attempt comprehensive settlement of the entire
dispute.
If any controversy or claim arising out of or relating to this
contract or the breach thereof, cannot be settled by negotiation
or mediation, the dispute shall be settled by binding arbitration
in accordance with the Commercial Arbitration Rules of the American
Arbitration Association.
You acknowledge and understand and agree that the breach of
the terms and conditions of this license agreement may result
in irreparable harm to PRO for which damages may be difficult
to ascertain and that may be inadequate as a remedy. You agree
that PRO shall have the right to apply to a court of competent
jurisdiction for an order restraining any further use, disclosure
or misappropriation and for such other relief as PRO may deem
appropriate. This right shall be in addition to any other right
and remedy otherwise available herein and at law.
