Use of Website

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable, limited license to access this Website for your own personal, non-commercial use (“License”). Under this License you may print and download material from this Website provided that you do not modify any content or create any derivative works from the content without our consent. You are also free to bookmark and share links directing others to content on this Website. Material on this Website must not otherwise be reproduced, republished, licensed, sold, transferred, or distributed either online or offline, without our prior written permission. Your use of this Website does not grant you ownership rights of any kind in this Website or any content on this Website.

Intellectual Property Information

The copyright and other intellectual property rights in this Website and all material on this Website are owned by us or our licensors and must not be reproduced without our prior written consent. We claim, on our behalf and on behalf of our licensors, the copyright and other intellectual property rights in this Website and all material on this Website to the maximum extent provided by copyright laws and international treaties.

Subject to the License granted in paragraph 4, no part of this Website may be copied, reproduced, duplicated, republished, licensed, sold, transferred, or distributed without our prior written permission. You agree not to:

1. Remove or alter any and all copyright notices displayed on this Website or content from this Website;
2. Sell, resell, license, or exploit for any commercial purposes any aspect of this Website or content from this Website;
3. Decompile or disassemble, reverse engineer, or otherwise attempt to discover any source code contained in this Website; attempt to gain unauthorized access to our computer systems; use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from this Website; or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of this Website; or
4. Contact anyone who has asked not to be contacted; make unsolicited contact with anyone for any commercial purpose; or collect personal data about other users for unlawful purposes.

This Website may contain our service marks or trademarks as well as those of other organizations, in the form of words, graphics, and logos, including but not limited to the word marks “The Morton Arboretum.” Your use of this Website does not constitute any right or license for you to use such service marks or trademarks, without our prior written permission.

As required by the Digital Millennium Copyright Act of 1998, we have designated the following agent (“Agent”) to receive notification of alleged potential copyright infringement on websites, systems, or networks controlled or operated by us: Alicia LaVire, Vice President of Marketing and Communications, c/o The Morton Arboretum, 4100 Illinois Route 53, Lisle, IL 60532-1293, Phone: 630-719-2138, Fax: 630-725-2138, E-mail: alavire@mortonarb.org.

If you believe that material residing on this Website or any other website, system, or network controlled or operated by us infringes a copyright, please provide a notification of infringement to the Agent. To be effective, the notification must include the following:

1. 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 us to locate the material;
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. 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;
4. 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;
5. your mailing address, telephone number, and e-mail address; and
6. your physical or electronic signature of the notification of infringement.

Site Availability

We take reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to maintenance, server, or technical issues. Therefore we will not be liable if this Website is unavailable at any time. The site may be suspended, removed, or discontinued, either temporarily or permanently, at any time and without notice. Any content you post to this Website may be removed, discarded, or deleted at any time and without notice. We will not be liable for suspending, removing, or discontinuing this Website or removing, deleting, discarding, or failing to store any content on this Website.

You agree that we may establish limits concerning use of this Website, including the maximum number of days that content will be displayed, the maximum number and size of postings or other content that may be transmitted or stored by this Website, and the frequency with which you may access this Website.

Visitor Conduct

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. By submitting or posting content to this Website you agree we will be free to alter, copy, disclose, distribute, incorporate, and otherwise use such material for any and all purposes and in any and all media, whether now known or hereafter devised and that you will have no right or interest in any material we create.

When using this website you shall not post, submit, send, or make available to or from this Website any material:

1. for which you have not obtained all necessary consents or which infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
2. that is unlawful, discriminatory, obscene, pornographic, defamatory, threatening, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to the law;
3. that is false, deceptive, misleading, deceitful, or misinformation;
4. that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
5. that includes personal or identifying information about another person without that person’s explicit consent; or
6. which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; which disrupts the normal flow of dialogue with an excessive amount of content to this Website; or that otherwise negatively affects other users’ ability to use this Website.

We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this Website that violates or breaches any term of these Terms.

By submitting or posting content to this Website, you automatically grant us in any and all media, whether now known or hereafter devised, and you warrant and represent that you have the right to grant, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute the content; to prepare derivative works of the content; to incorporate the content into other works; to use the content for our marketing and promotional purposes; to grant all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on this Website by any party for any purpose; and to grant and authorize sublicenses (through multiple tiers) of any license you grant to us.

You agree to indemnify and hold us and our affiliated companies, and their directors, officers, and employees, harmless for any and all claims or demands, including reasonable attorney fees, that arise from or otherwise relate to your use of this Website; any content you send, supply, submit, post, or make available to this Website; your violation of these Terms; your violation of any other policy; your breach of any warranties or representations set forth in these Terms; or your violation of the rights of another.

Links to and from Other Websites

Any links to third-party websites located on this Website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third-party websites or their content. We do not endorse the third-party websites or make representations about them or any material contained in them. If you choose to access a third-party website linked to from this Website, doing so is at your own risk.

Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

1. you do not in any way imply that we are endorsing any business, organization, service, or product unless this has been specifically agreed to by us;
2. you do not misrepresent your relationship with us or present any false information about us;
3. you do not link from a website that is not owned by you;
4. and your website does not contain content that is offensive, controversial, infringes any intellectual property rights or other rights of any other person, or does not comply in any way with any applicable laws.

If you choose to link to this Website in breach of Paragraph 18, then you shall fully indemnify us for any loss or damage suffered as a result of your actions.

Disclaimers

This Website is for informational purposes only, and we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. Not all submitted material will be posted to this Website. The material on this Website may be out of date, or on rare occasions incorrect, and we make no commitment to ensure that such material is correct or up to date.

THIS WEBSITE AND THE CONTENT ACCESSED THROUGH THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OR REPRESENTATIONS CONCERNING QUALITY, PERFORMANCE, SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR INTELLECTUAL PROPERTY RIGHTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY AND ALL WARRANTIES FOR THIS WEBSITE, CONTENT ACCESSED THROUGH THIS WEBSITE, AND OTHER CONTENT OR WEBSITES ACCESSED THROUGH ANY LINKS ON THIS WEBSITE. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

The information contained on this Website constitutes general information and commentary only. This information does not take into account your specific circumstances and in no way constitutes legal, business, or other advice to you.

You understand that all content posted to this Website is the sole responsibility of the individual who originally posted the content. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such content. You also understand that all opinions expressed by users of this Website are expressed strictly in their individual capacities, and not as a representative of the Website, its owner, or any of its sponsors or partners.

Your interactions with other users are solely between you and such other users and at your own risk. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such interactions. In the event of a dispute between you and other users, you and the other users are solely responsible to resolve the dispute, and you hereby release us and our directors, officers, employees, volunteers, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and this Website.

Dispute Resolution

These Terms shall be governed by and construed in accordance with the law of the state of Illinois.

Any controversy or claim arising out of or relating to this Website, these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. Arbitration proceedings shall take place in DuPage County, Illinois. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. Notwithstanding any other provision of these Terms, we retain the right to seek from any court of competent jurisdiction the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

Exclusion of Liability

UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THIS WEBSITE OR THE CONTENT ACCESSED THROUGH THIS WEBSITE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THIS WEBSITE, FROM INABILITY TO USE THIS WEBSITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THIS WEBSITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY CONTENT ACCESSED THROUGH LINKS ON THIS WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of this Website, delete or deactivate your account, and otherwise terminate your access to or use of this Website immediately, with or without notice and for any reason, including, without limitation, breach of these Terms or any other policy. We shall not be liable to you or any third-party for any termination of your access to this Website. You agree not to attempt to use or access this Website after termination. Any terms and conditions of these Terms which by their nature contain rights or responsibilities of you that extend beyond termination shall survive termination of these Terms, including but not limited to paragraphs 5-7, 14, 15, 19-24, and 26-30 of these Terms.

Miscellaneous

These Terms constitute the entire agreement between you and us and governs your use of this Website, superseding any prior agreements between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found to be invalid, the parties nevertheless agree that the arbitrator(s) should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.

Contact

Should you wish to contact us about these Terms, please send an email via website@mortonarb.org.