Terms and Conditions for Use

Ownership and Definition of Services.
The Pacific Island Plant Restoration Database (the "Product") was developed by Bishop Museum (the "Museum"), with the support of the U.S. Department of Agriculture Natural Resources Conservation Service Tropical Technology Consortium (NRCS). The Product is available for use by the public and is intended to assist managers of riparian restoration projects in selecting native plants appropriate for their project out-planting sites in the Hawaiian Islands. The use of this Product must accompany other conservation and restoration plans and procedures to be effective.

Eligibility of Use.
The Product is subject to the terms of this Product Policy (the "Policy"). Your use of the Product indicates you accept the terms herein and agree to abide by them. The Museum reserves the right and may, from time to time, modify the Product. Your continued use of the Product, after modifications, indicates your acceptance of the modification and the applicability of the Policy thereto. You understand and agree that the Product is provided "AS-IS" and that the Museum and NRCS assume no responsibility for any aspect of this Product.

Indemnification.
You agree to defend, indemnify and hold harmless the Museum, NRCS, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use or misuse of the Product, your violation of the terms of Product, your infringement of any intellectual property right of another, etc.

Disclaimer of Warranties.
YOUR USE OF THE PRODUCT IS AT YOUR SOLE RISK. THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS AND THE MUSEUM AND NRCS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE PRODUCT SHALL CREATE ANY WARRANTY. ADDITIONALLY, THERE IS NO WARRANTY THAT THE PRODUCT WILL MEET YOUR REQUIREMENTS; WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR RELIABLE.

Limitation of Liability.
IN NO EVENT SHALL THE MUSEUM OR NRCS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS PRODUCT OR WITH THE DELAY OR INABILITY TO USE THIS PRODUCT, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THIS PRODUCT, OR OTHERWISE ARISING OUT OF THE USE OF THIS PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN THE MUSEUM AND NRCS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE USER HEREBY SPECIFICALLY ACKNOWLEDGES AND AGREES THAT NEITHER THE MUSEUM NOR NRCS NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS PRODUCT.