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Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site is subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.

Website

The American Christmas Tree Association gives you permission to access and use the site for your personal use, and to copy, distribute, and transmit the content of this site only to the extent that such copying, distribution, and transmission is automatically done through your browser software incidentally to using the site for your personal use. No mechanized or other systematic process for harvesting information from this site for any purpose, including without limitation, any commercial purpose, is permitted. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by The American Christmas Tree Association. You further agree not to change or delete any proprietary notices from materials downloaded from this site. You may print a copy of the information displayed on this site for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information obtained by your use of this site. This restriction means, among other things, that you may not mirror on your own website any portion of this site or display through your own website any results pages or other information from this site without The American Christmas Tree Association’s express written permission.

The American Christmas Tree Association reserves the right to change any information, features and functions of the site without prior notice.  The American Christmas Tree Association may deny you access to all or part of the site without prior notice if you engage in any conduct or activities that The American Christmas Tree Association determines, in its sole discretion, violate this Agreement, the rights of The American Christmas Tree Association or any third party, or is otherwise inappropriate.

Copyright

The technology underlying, and the entire content included in, the site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of The American Christmas Tree Association and is protected by copyright and other intellectual property or proprietary rights.  The collective work includes works that are licensed to The American Christmas Tree Association.  Copyright 2008 American Christmas Tree Association.  ALL RIGHTS RESERVED.  The American Christmas Tree Association does not investigate to determine if such works are accurate nor can The American Christmas Tree Association provide assurance that all such works are free of typographical errors.  Therefore, American Christmas Tree Association cannot guarantee information displayed on this site to be 100% accurate.

Trademarks

All trademarks, service marks, and trade names of The American Christmas Tree Association on the site are trademarks or registered trademarks of The American Christmas Tree Association.

Warranty Disclaimer

THE SITE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE?BASIS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE AMERICAN CHRISTMAS TREE ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE AMERICAN CHRISTMAS TREE ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE AMERICAN CHRISTMAS TREE ASSOCIATION DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW LIMITATIONS OREXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

THE AMERICAN CHRISTMAS TREE ASSOCIATION SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS ON THE SITE, EVEN IF THE AMERICAN CHRISTMAS TREE ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site. These terms and conditions, or any part of them, may be modified or terminated by The American Christmas Tree Association without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous, shall in all events survive any termination of these terms and conditions.

Notice

The American Christmas Tree Association may deliver notice to you by means of e-mail, a general notice on this site, or by other reliable method.

Use of Site

Use of the site for any illegal or unauthorized purpose is strictly prohibited.

Indemnification

You agree to indemnify, defend, and hold harmless The American Christmas Tree Association, its officers, directors, employees, agents, licensors and suppliers from and against all losses, liabilities, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions, or any activity related to use of the site (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Privacy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, see our privacy policy.

You understand that the technical processing and transmission of this site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third-Party Links

In an attempt to provide increased value to our visitors, The American Christmas Tree Association may link to sites operated by third parties. However, The American Christmas Tree Association has no control over these linked sites, all of which have separate privacy and data collection practices, independent of The American Christmas Tree Association. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, The American Christmas Tree Association seeks to protect the integrity of its site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

Miscellaneous

Your use of the site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the site shall be in the state or federal courts located in Los Angeles County, California.  Any cause of action or claim you may have with respect to the site must be commenced within one (1) year after the claim or cause of action arises or be barred forever. The American Christmas Tree Association's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right.  These terms and conditions constitute the entire agreement between you and The American Christmas Tree Association with regard to your use of the site.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.  The American Christmas Tree Association may assign its rights and duties under this Agreement to any party at any time without notice to you.

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