LEGAL CONDITIONS
& TERMS OF USE
(©2001, IDA, L.L.C. All rights reserved)

By accessing or using this CD (Product) or any other Instructional Design Associates, LLC (IDA) products and services referred to on this CD, including the Instructional Design Associates website (Service), you agree to be bound by all of the terms and conditions of this Agreement. This Agreement is intended to be fully effective and binding upon you and us.

We may modify this Agreement at any time, and you agree that such modifications will be effective immediately upon posting of the modified Agreement on the IDA website. You agree to review the Agreement posted on the Service each time you use the Service so that you are aware of any modifications made to this Agreement. By accessing or using the Service, you agree to be bound by all of the terms and conditions of the Agreement as posted on the Service at the time of your access or use.

YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS PRODUCT IS AT YOUR OWN RISK AND THAT THE PRODUCT AND ANY INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PRODUCT AND RELATED SERVICES IS PROVIDED ON AN "AS IS" BASIS. YOU UNDERSTAND AND AGREE THAT THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THIS PRODUCT IS INTENDED FOR GENERAL CONSUMER UNDERSTANDING AND EDUCATION ONLY AND IS NOT INTENDED TO BE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL GARDENING ADVICE. NOTHING CONTAINED ON OR PROVIDED THROUGH THE PRODUCT IS INTENDED TO BE OR IS TO BE USED FOR PLANT DIAGNOSIS OR TREATMENT.

YOU UNDERSTAND AND AGREE THAT WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE PRODUCT, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE PRODUCT. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THE PRODUCT OR ON THE IDA WEBSITE OR INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THE PRODUCT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU OR ANYONE ELSE IN RELIANCE UPON THE INFORMATION CONTAINED ON OR PROVIDED THROUGH THE PRODUCT.

If you are located in any jurisdiction in the world where the common, statutory, regulatory or codified law of such jurisdiction would void this Agreement in whole or in any essential part (the essential parts being at least, but not only, the exclusive jurisdiction and venue and exclusive remedy provisions, the warranty disclaimers, the limitations of liability and the privacy guidelines and terms of use), or would make accessing the Product illegal, then you are not authorized to use the Product and, if you do so, you do so entirely at your own risk.

YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER USER OF THE PRODUCT FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE OR BUSINESS OR LIABILITIES ARISING OUT OF OR RELATING IN ANY WAY TO THIS PRODUCT, OR SITES AND SERVICES ACCESSED THROUGH THIS PRODUCT, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE PRODUCT OR RELATED SERVICES. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PRODUCT IS TO STOP USING THE PRODUCT AND RELATED SERVICES.

You agree to indemnify us and any of our parent or subsidiary companies or organizations, and any of our successors, assigns or licensees, together with any of their respective officers, directors and employees, against any damages, losses, liabilities, judgments, costs or expenses (including reasonable attorneys' fees and costs) arising out of a claim by a third party relating to your use of the Product, or any breach or violation of this Agreement or any other term or condition contained on the Product.

In the event we determine, in our sole and absolute discretion, that you have breached any of your obligations under this Agreement, then, in addition to and not in lieu or limitation of any other right or remedy we may have, we may advise you that you have violated this Agreement; delete or remove any communications or content furnished or posted by you to the Product or related Internet services; discontinue your registration and remove you as a registered member; block your access to the Product and Service; notify and/or send communications or content to and cooperate with applicable law enforcement authorities; and/or take any other action we deem appropriate.

You agree that this Agreement is entered into between you and us in the State of Utah, United States of America, and is performed within the State of Utah and governed by and shall be construed in all respects under the laws of the State of Utah, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the Product, you and we each irrevocably agrees to submit to the exclusive personal jurisdiction of the Utah State District Court sitting in Salt Lake County, Utah, or if such court does not have subject matter jurisdiction, then you and we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States Court for the District of Utah, and whichever of those two courts has jurisdiction, you and we each waives any jurisdictional, venue, or inconvenient forum objections to such court.

If any of the provisions of this Agreement are held by a court or other tribunal of competent jurisdiction to be not enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement constitutes the entire agreement between you and us relating to the subject matter hereof and supersedes and merges herein any prior promises, agreements, or understanding between you and us relating to any of the subject matters of this Agreement. This Agreement may not be modified, in whole or in part, except as described elsewhere in this Agreement. Anything contained on the Product inconsistent with or conflicting with the terms of this Agreement is superseded by the terms of this Agreement.

The materials on the Product are copyrighted by us and/or other applicable rights holders. You may download and reprint a single copy of the materials from the Product (unless printing is intentionally deactivated so that it is unavailable through normal means) for your own personal, noncommercial use only, provided you include all applicable notices and disclaimers. Any other use of the materials is strictly prohibited without our prior written permission and the permission of the applicable rights holder(s).