Conditions of Use
- Berkshire Botanical Garden (the Garden) provides information services (the Service) to those persons (Users) who utilize its Service.
- By using the Service, each User agrees to be bound by all of the Conditions of Use set forth in the following paragraphs.
- No User may reproduce, or otherwise utilize for commercial purposes, the information provided by the Garden through the Service without the written permission of the Garden. Consequently, without such written permission, no User may resell or commercially exploit the data obtained by use of the Service.
- Each User acknowledges that the Garden has copyrighted the contents of the Service and that reproduction, redistribution, or publication of such content is prohibited without the express written consent of the Garden.
- The Garden reserves the right in its sole discretion to deny access to any User.
- These Conditions of Use may be modified by the Garden at any time by publication through the Service.
- The Garden undertakes no responsibility to review the contents of any information provided by others, including information accessed through links to other sites, and by using the Service each User agrees that the Garden shall have no liability for such contents.
- In order to purchase products and services utilizing this web site, a User may be required to submit his or her credit card number, or other personal information, over the Internet. Each user transmits such information at his or her own risk and the Garden shall have no liability, obligation, or responsibility with regard to any other party’s interception, use, or misuse of such number or other information.
- EACH USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER’S SOLE RISK. NEITHER THE GARDEN NOR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES THE GARDEN OR ANY OF ITS LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN AS-IS BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS SERVICE. NEITHER THE GARDEN NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY.