Back to Natives Restoration reserves the right to block access from a particular Internet address.
July 8, 2016
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ABOUT THE INFORMATION ON THIS SITE. The Content (as defined below) available on this Website is intended to be a general information resource and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein. You should not construe Back to Natives Restoration’s publication of the Content on this Website as a warranty or guarantee of the quality or availability of any goods or services.
ELIGIBILITY. By using this Website, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of this Website does not violate any applicable law or regulation.
USE OF MATERIALS ON THIS SITE. The content on this Website includes, but is not limited to, text, graphics, images, photographs, illustrations, maps, trademarks, tradenames, service marks, logos, information obtained from Back to Natives Restoration’s licensors, and other materials (“Content”). Title to the Content on this Website remains with Back to Natives Restoration. Back to Natives Restoration invites you to view and use a single copy of the materials obtained from this Website for your personal, non-commercial use. Except as expressly permitted on this Website, you agree not to license, distribute, create derivative works from, transfer, sell or re-sell any information, Content, or services obtained from this Website. No graphics, photographs or other visual elements obtained through this Website may be used, copied, or distributed separate from the accompanying text without the prior express written consent of the original owner or Back to Natives Restoration. You are not permitted to use the materials on this Website except as expressly set forth herein. You may not under any circumstances attempt to deface, shut down or otherwise damage this Website. You may not, without Back to Natives Restoration’s written permission, “mirror” any Content contained in this Website or any other server.
POSTINGS. The UGC functionality (e.g. Back to Natives Restoration Blog) provides the opportunity to share knowledge and post other helpful or meaningful information. By submitting content or information of any type (a “Posting”) to the functionality, or by otherwise using the functionality to transmit or display a Posting, you automatically grant Back to Natives Restoration a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. You also acknowledge that such submissions are non-confidential for all purposes. Moreover, you agree that by using the UGC functionality you will not post or transmit any of the following materials:
- Anything that interferes with or disrupts the UGC or the operation thereof,
- Statements about candidates for political office,
- Statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others,
- Unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another,
- Statements or material that violates other contractual or fiduciary rights, duties, or agreements,
- Statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction,
- Statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person,
- Statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of Back to Natives Restoration,
- Anything that violates the privacy or publicity rights of any other person,
- Statements or material that are off-topic, irrelevant, or inappropriate,
- Statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials, and
- Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this Website.
As the UGC functionality is generally public, the user experience is enhanced when you follow these guidelines. Please also use netiquette. Please be succinct and stay on topic. Please remember to respect others and their opinions. Back to Natives Restoration encourages open and sincere communication, but urges all users to remember that the UGC functionality is intended to be a resource for all.
ENFORCING SECURITY. The UGC functionality is owned by Back to Natives Restoration. Please be aware that you have no reasonable expectation of privacy while using the UGC functionality. Back to Natives Restoration cannot guarantee the confidentiality of any communication or material transmitted to/from the UGC functionality over the Internet or other global communication network and Back to Natives Restoration is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained, or for the consequences of any reliance on such information. You must make your own determination as to these issues.
Back to Natives Restoration may obtain access to, block, disclose, and review electronic transmissions and communications made through the UGC functionality at any time. Actual or attempted unauthorized use of the UGC functionality may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986. Back to Natives Restoration also reserves the right to view, monitor, and document activity on the UGC functionality without notice or permission from you. Any information obtained by monitoring, reviewing, or documenting is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal activity on the UGC functionality. Back to Natives Restoration will also comply with all court orders involving requests for such information. In addition to the foregoing, Back to Natives Restoration reserves the right at any time, and without notice, to modify, suspend, terminate, or interrupt operation of or access to the UGC functionality, or any portion of functionality, for any reason.
LINKS TO THIS SITE AND USE OF MARKS. The Website may contain links to websites operated by other parties. Back to Natives Restoration provides these links to other websites as a convenience, and use of these sites is at your own risk. The linked sites are not owned or operated by or under the control of Back to Natives Restoration, and Back to Natives Restoration is not responsible for the content available on the other sites. Such links do not imply Back to Natives Restoration’s endorsement of information or material on any other site and Back to Natives Restoration disclaims all liability with regard to your access to and use of such linked Websites.
LINKS TO BACK TO NATIVES RESTORATION WEBSITES. Unless otherwise set forth in a written agreement between you and Back to Natives Restoration, you must adhere to Back to Natives Restoration’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Back to Natives Restoration’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, endorsed by, or otherwise associated with Back to Natives Restoration, (iii) when selected by a user, the link must display this Website on full-screen and not within a “frame” on the linking Website, and (iv) Back to Natives Restoration reserves the right to revoke its consent to the link at any time and in its sole discretion. Use or misrepresentation of any of Back to Natives Restoration’s logos, designs, images, photographs, slogans, trademarks or service marks in conjunction with the external links is not permitted.
LINKS TO THIRD PARTY SITES. Back to Natives Restoration, in its sole discretion, or other end users through the use of UGC functionality may provide links to other sites on the World Wide Web for your convenience in locating related information, products, and services. These sites have not necessarily been reviewed by Back to Natives Restoration and are maintained by third parties over which Back to Natives Restoration exercises no control. Use of these sites is at your own risk. Accordingly, Back to Natives Restoration expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or quality of the products or services provided by, available through, or advertised on these third party web sites and Back to Natives Restoration disclaims all liability with regard to your access to and use of such linked websites. Moreover, these links do not imply an endorsement by Back to Natives Restoration with respect to any third party, any information or material on any other site, any candidate for political office identified in a third party site or any web site or the products or services provided by any third party.
TRADEMARKS. Back to Natives Restoration, Back to Natives. BTN, BTNR, BNR, Back to Natives Restoration Design, Back to Natives Restoration Logos, Back to Natives Education, Back to Natives Nursery, Back to Natives Nursery @ Santiago Park, BTN Nursery, BTN Nursery @ Santiago, Back to Natives Restoration Training Program, and all other names of Back to Natives Restoration programs referenced herein are registered or common law trademarks of Back to Natives Restoration in the United States. For more information, please contact Back to Natives Restoration Legal Department at PO BOX 10820, Santa Ana CA, 92711 USA. Unauthorized use of any Back to Natives Restoration trademark, service mark or logo may be a violation of federal and state law.
DISCLAIMERS AND LIMITATION OF LIABILITY. ALL CONTENT ON THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BACK TO NATIVES RESTORATION MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THE WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK.
BACK TO NATIVES RESTORATION MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BACK TO NATIVES RESTORATION DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND FURTHER DISCLAIMS ALL LOSSES, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF BACK TO NATIVES RESTORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNITY. You agree to indemnify, defend and hold Back to Natives Restoration, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of your use of this Website and/or breach of this Agreement.
NOTICE FOR CLAIMS OF COPYRIGHT INFRINGEMENT. If you are a copyright owner or agent thereof and believe that Content posted on this Website by a Back to Natives Restoration user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on this Website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent can be reached by mail at: Back to Natives Restoration, ATTN: COPYRIGHT AGENT, Back to Natives Restoration, PO BOX 10820, Santa Ana, CA 92711, USA, by phone at 1-949-509-4787, or by email at firstname.lastname@example.org. Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
LOCATION. The Website is operated by Back to Natives Restoration from its offices in the United States. Back to Natives Restoration makes no representation that the Content of this Website is available or appropriate for use in other locations. Those who choose to access this Website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
CHILDREN. The Website is not directed toward children under 13 years of age nor does Back to Natives Restoration knowingly collect information from children under 13. If you are under 13, please do not submit any personally identifiable information to Back to Natives Restoration.
USER CONTENT. By submitting a Posting or providing any content on or through this Website, you hereby grant to Back to Natives Restoration a worldwide, irrevocable, royalty-free, nonexclusive, limited license to reproduce, use, adapt, modify, publish, translate, publicly perform, publicly display, distribute and create derivative works from such content in any form, and Back to Natives Restoration may sublicense all or part of its rights under this license or assign them to third parties. You represent and warrant that: (i) you own the content posted by you on or through this Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through this Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Back to Natives Restoration may delete any content for any reason, including content that, in Back to Natives Restoration’s sole judgment, is offensive, illegal or violate the rights, harm, or threaten the safety of any person. Back to Natives Restoration has the right, but does not assume the responsibility, for monitoring this Website for inappropriate content. You are solely responsible for the content of any Postings that you post on or through this Website.
SUBMISSIONS. It has been the long-standing policy of Back to Natives Restoration not to accept or consider creative ideas, suggestions, or materials, including, but not limited to, notes, drawings, concepts, comments, questions or answers, techniques, know-how, or other information (hereinafter “Submissions”) other than those specifically requested, such as UGC. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Back to Natives Restoration’s professional staff might seem to others to be similar to their own creative work. All Submissions, including unsolicited submissions and those made at the request of Back to Natives Restoration, such as UGC, will be treated as non-confidential and non-proprietary, and will be subject to the license granted in the preceding paragraph. Back to Natives Restoration will not be liable for any use or disclosure of any Submissions.
PASSWORD. You may be assigned a username and password with which to access restricted areas of this Website. You agree not to use the username or password of another user at any time or to disclose your password to any third party. You agree to notify Back to Natives Restoration immediately if you suspect any unauthorized use of your username or access to your password. You are solely responsible for any and all uses of your username and password.
CHOICE OF LAW/FORUM. All claims arising out of this Agreement or relating to this Website will be governed by the laws of the State of California, USA, excluding the application of its conflicts of law rules. Any legal action or proceeding arising out of this Agreement or relating to this Website shall be brought exclusively in a state or federal court in or for Orange County, California, USA.
VIOLATIONS AND ADDITIONAL POLICIES. Back to Natives Restoration reserves the right to seek all remedies available at law and in equity for violations of this Agreement, including without limitation the right to block access from a particular Internet address.
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