Terms of Use
The following Terms of Use contain the complete terms and conditions
that apply to an individual's or entity's use of the World Botanical
Gardens,
Inc. site. As used in this Agreement, "WBG" "WBGI" "We," "Us" or "Our" refers
to World Botanical Gardens, Inc., and "You" or "Your" refers
to the user. "Site" means any World Botanical Gardens,
Inc. site posted on the World Wide Web.
1. ACCEPTANCE OF TERMS AND CONDITIONS
Use of Our Site constitutes Your acceptance of these terms and conditions
and Your waiver of any and all claims against WBGI, its parents, subsidiaries,
affiliates, contractors, agents, officers, directors or employees arising
out of Your use of Our Site or any materials, information, opinions or
recommendations contained on Our Site.
2. MODIFICATION
We may modify any of the terms and conditions in these Terms of Use, at
any time and in Our sole discretion, by posting a change notice or a
new user agreement on Our Site. IF ANY MODIFICATION IS UNACCEPTABLE TO
YOU, YOUR ONLY RECOURSE IS TO TERMINATE YOUR USE OF OUR SITE. YOUR CONTINUED
USE OF OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW TERMS
OF USE CONSTITUTES BINDING ACCEPTANCE OF THE CHANGE.
3. COPYRIGHT
3.1 Use.
All content included on Our Site, such as text, graphics, logos, button
icons, images, audio clips and software, is Our property or that of Our
content suppliers and is protected by U.S. and international copyright
laws. The compilation (meaning the collection, arrangement and assembly)
of all content on Our Site is Our property protected by U.S. and international
copyright laws. All software used on Our Site is Our property or that
of Our software suppliers and is protected by U.S. and international
copyright laws. You may electronically copy and print in hard copy portions
of Our Site for the limited purpose of placing an order with Us or using
it as a shopping resource. Any other use-including reproduction for purposes
other than those noted above, modification, distribution, transmission,
republication, display or performance-of the content on a Site without
Our prior written permission is strictly prohibited.
3.2 Penalty.
Unauthorized copying of the software, or failure to comply with the above
restrictions, may result in severe civil and criminal penalties. Unauthorized
duplication of the software constitutes copyright infringement and, in
the United States, is punishable in a federal criminal action by a fine
of up to U.S.$250,000 and imprisonment for up to five (5) years. In addition,
federal civil penalties allow the recovery of actual damages based on
the number of copies produced plus the profits of the infringer, or statutory
damages of up to U.S.$100,000 for willful copyright infringement.
4. DISCLAIMER
WE PROVIDE OUR SITE ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE OPERATION
OF OUR SITE OR THE INFORMATION, CONTENT, SOFTWARE OR MATERIALS AVAILABLE
ON OUR SITE (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS,
MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT
OF COURSE OF PERFORMANCE,
DEALING OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT
THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE
WILL
NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTION OR ERRORS. FURTHER,
WE TAKE NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKS PROVIDED THROUGH
OUR SITE OR FOR THE SITES OF OTHERS THAT LINK TO OUR SITE.
5. CONFIDENTIAL INFORMATION
We do not accept or consider unsolicited material, product suggestions
or original or creative ideas (collectively, "Materials")
submitted through Our Site. If despite this policy you submit any
such Materials,
We will deem it Our property. We will not treat the Materials as
confidential, and We will not be liable for any use or disclosure
of such Materials.
Without limitation, We will own the exclusive rights to the Materials
and will be entitled to unrestricted use of the Materials for any
purpose, commercial or otherwise, without compensation to the submitter
of such
Materials.
6. LIMITATION OF LIABILITY
WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES
(OR ANY LOSS OF REVENUE, PROFITS OR DATA) OF ANY KIND ARISING IN CONNECTION
WITH THE USE OF OUR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT
TO THIS AGREEMENT WILL NOT EXCEED THE AMOUNT PAID US BY YOU IF ANY, FOR
ACCESSING OUR SITE.
7. INDEMNIFICATION
You will defend and hold harmless World Botanical Gardens, Inc., its parents,
subsidiaries, affiliates, contractors, agent, officers, directors and
employees against all claims, losses, damages, liabilities, costs and
expenses (including reasonable attorneys' fees and costs) made due to
or arising out of a violation of these Terms of Use or Your use of this
Site, including, without limitation, any claim arising out of unauthorized
links to Our Site.
8 MISCELLANEOUS
8.1 Nonwaiver. If We fail to insist upon or enforce strict performance
of any provision or right under the terms and conditions of these Terms
of Use, it will not be construed as a waiver of any provision or right;
rather, the same will be and remain in full force and effect.
8.2 Choice of Law. These Terms of Use will be interpreted, construed and
enforced in all respects in accordance with the laws of the State of Hawaii
to the exclusion of any other law which may be imputed in accordance with
choice of law rules applicable in any jurisdiction. The 1980 U.N. Convention
on Contracts for the International Sale of Goods or any successor thereto
does not apply to these Terms of Use. For any suit or claim pertaining
to these Terms of Use or any information furnished hereunder, You irrevocably
consent to the jurisdiction and venue of any state or federal court sitting
in Hawaii County, Hawaii, USA, and You will not commence an action
or proceeding relating to the subject matter of these Terms of Use in any
other jurisdiction.
8.3 English Language Governs. It is the express wish of the parties that
these Terms of Use be drawn up in English. C'est la volonté explicite
des parties que ces termes d'usage soient rédiger en anglais.
8.4 Independent Contractor. These Terms of Use will not be interpreted
or construed to create or evidence a partnership, joint venture or franchise
relationship among the parties or as imposing any partnership or franchiser
obligation or liability on either party.
8.5 Compliance With Laws. You will comply at Your own expense with all
statutes, regulations, rules, ordinances and orders of any governmental
body, department or agency that apply to or result from Your use of Our
Site.
8.6. Severability. If any provision of these Terms of Use will be unlawful,
void or for any reason unenforceable, then that provision will be deemed
severable from and will not affect the validity and enforceability of any
remaining provisions.
OUR ADDRESS:
WORLD BOTANICAL GARDENS
PO BOX 324, Honomu, Hawaii
96728
Tel: 808-963-5427 -- Fax: 808-934-9106
E-mail: Info@worldbotanicalgardens.com
