ATTENTION: PLEASE READ THIS USER AGREEMENT’S TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE. USE OF THIS WEB SITE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. DO NOT USE THIS WEB SITE IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS.
1. LICENSE; RESTRICTIONS ON USE. You are granted a nonexclusive, nontransferable, limited license to access and use the Council of Landscape Architectural Registration Boards (CLARB) Web Site (“Web Site”) in accordance with these Terms and Conditions. You acquire no proprietary interest in CLARB. Title, intellectual property and other rights belong to CLARB or its third party suppliers. You may not modify, copy, reproduce, republish, distribute, transmit, upload or use for commercial or public purposes any of the material on the Web Site. You are authorized to download one copy of the material on a single computer for your personal, non-commercial use, provided that in so doing you do not amend or remove any trademark, service mark, copyright or other proprietary notice. CLARB acknowledges that the Web Site may contain works in the public domain and does not assert copyright with respect to those works. Nevertheless, users who wish to utilize such works in a manner prohibited by these Terms and Conditions agree to obtain such works from sources other than CLARB.
By submitting any content to the Web Site, including by displaying, transmitting, distributing or publishing via bulletin board posting, electronic mail or otherwise (“Submissions”), you are granting CLARB a royalty-free, perpetual, unrestricted, irrevocable, non-exclusive right and license to use, reproduce, transmit, publish, adapt, create derivative works from, publicly display or otherwise communicate the content thereof in whole or in part, in any form or media whatsoever. Users alone are responsible for the contents of all Submissions as well as the consequences of any such Submissions. Submissions may not contain commercial messages or solicitations. You agree not to make Submissions that are unlawful, obscene, pornographic, threatening or give rise to civil liability. CLARB does not hold itself out as a publisher with respect to Submissions made by you or any other users of the Web Site, and does not control such Submissions. Accordingly, CLARB does not represent that it will screen Submissions for compliance with these Terms and Conditions. CLARB and its designees reserve the right (but not the obligation), in their sole and absolute discretion, to refuse or remove any Submissions from the Web Site they deem to be offensive or in violation of these Terms and Conditions or the spirit of this User Agreement.
2. WARRANTY DISCLAIMER. THIS WEB SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND CLARB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. CLARB DOES NOT WARRANT THE USE OR RESULTS OF THE USE OF CONTENT IN THIS WEB SITE IN TERMS OF RELIABILITY, ACCURACY, CORRECTNESS OR OTHERWISE. YOU UNDERSTAND AND EXPRESSLY AGREE THAT USE OF THIS WEB SITE IS AT YOUR SOLE RISK.
3. LIMITATION OF LIABILITY. YOU AGREE THAT CLARB AND ITS AFFILIATES (INCLUDING ITS AND THEIR MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBCONTRACTORS, REPRESENTATIVES, AGENTS, SUCCESSORS OR ASSIGNS) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, RESULTING FROM OR ARISING IN CONNECTION WITH CLARB, REGARDLESS OF ANY NEGLIGENCE AND EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CLARB and its affiliates shall not be liable for any injury, loss, liability, damage or claim of any kind resulting from or any way related to use of the Web Site (including, without limitation, use of third party web sites or content accessed directly or indirectly through links in the Web Site).
4. EXCLUSIONS AND LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
5. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CLARB AND ITS AFFILIATES FROM ANY AND ALL THIRD PARTY CLAIMS, DAMAGES, LIABILITY AND/OR COSTS (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) ARISING FROM YOUR USE OF THE WEB SITE, YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS.
CLARB reserves the right, at its sole discretion, to alter, change, add or delete portions of these Terms and Conditions at any time, with or without notice. Your continued use of the Web Site following the posting of changes to these Terms and Conditions signifies your acceptance of those changes. Please check this User Agreement periodically for changes to these Terms and Conditions.
These Terms and Conditions constitute the entire agreement between us and shall not be modified except as provided herein or in writing, signed by both parties.
These Terms and Conditions will inure to the benefit of CLARB’s licensees, successors and assigns. CLARB's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute waiver of such right or provision, or of the right to exercise or enforce it at a later time.
If any provision in this User Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable, the parties nevertheless agree that the court should endeavor to reform such provision in order to give full effect to the parties’ intentions as reflected by such provision. If the provision may not be reformed in such a way as to make it enforceable, such provision shall be deemed severable and will be deleted and the remaining Terms and Conditions of this User Agreement shall be fully enforced.
These Terms and Conditions shall be governed by the laws of the Commonwealth of Virginia, without giving effect to its conflict of laws provisions. Any action at law or in equity relating to or arising out of these Terms and Conditions shall be commenced in the state or federal courts located in the Commonwealth of Virginia, and you agree to submit to the exclusive personal jurisdiction of such courts for the litigation of any action contemplated above. Further, to the extent allowed by applicable law, any claims or causes of action relating to or arising from your use of the Web Site as contemplated by these Terms and Conditions must be instituted within one (1) year from the date upon which such claim or cause of action arose or accrued, or be forever barred.
All content displayed by CLARB on this Web Site is for information only. Hypertext links to other web sites do not constitute endorsement of such sites or the content contained therein.
The copyright and all other intellectual property rights in or relating to the material and information contained on this Web Site are the sole property of CLARB. Users may not copy, translate, upload, post, publish, reproduce, transit or distribute in any way, in any medium, in whole or in part, this material or information without the express written consent of CLARB.
CLARB may terminate your access to and use of this Web Site at any time, without notice, for any reason or for no reason.
The section headings contained in this User Agreement are for convenience only and have no contractual or legal effect whatsoever.
If you have any questions concerning the Terms and Conditions of this User Agreement, please contact us.