Terms and Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE OR PURCHASING OR USING ANY PRODUCTS OFFERED BY NATURALIST APPS, LLC. Welcome to NaturalistApps.com (the Website).  These terms and conditions (the “Terms“) govern your access to and use of Naturalist Apps, LLC’s websites and mobile applications (collectively, the “Product“). By accessing or using this website or any products offered through Naturalist Apps, LLC, you are agreeing to these Terms and concluding a legally binding contract with Naturalist Apps, LLC and any affiliated corporate entities that are controlled by, or in common control with, Naturalist Apps, LLC (the “Company“). You are also agreeing to the Company’s separately published Privacy Policy, which is available at https://naturalistapps.com/privacy-policy. “You” and “your” refer to you, as a user of the Product. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We“, “us“, and “our” refer to the Company. The Terms and Privacy Policy contain the entire agreement between you and us regarding the use of the Product, and supersede any prior agreement between you and us on such subject matter. 1. USING THE PRODUCT Eligibility To access or use the Product, you must be 13 years or older and have the requisite power and authority to enter into these Terms. You may not access or use the Product if you are a competitor of ours or if we have previously banned you from the Service. Permission to Use the Service We grant you permission to access and use the Service subject to the restrictions in these Terms. 2. CONTENT Company Content submitted by other users, advertisers and third parties does not necessarily reflect the opinion of the Company. We reserve the right to remove, screen, edit, or reinstate such Content at our sole discretion and without notice to you. 3. RESTRICTIONS You agree not to, and will not assist, encourage, or enable others to use the Service to:
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
  • Reproduce, distribute or make derivative works of the Service or any of its contents without the express written consent of the Company;
  • Reverse engineer any portion of any product;
  • Violate an order of a court or government agency; or
  • Violate any applicable laws.
4. INTELLECTUAL PROPERTY Copyright And Trademark We or our licensors own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us. Suggestions and Improvements The Company welcomes your comments and feedback regarding the Service. By sending us any ideas, suggestions, designs, data, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, but we reserve the right to treat the Feedback as the Company’s confidential information, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) you assign to the Company, free of charge, all worldwide rights, title and interest in all copyrights and other intellectual property rights in such Feedback; and (v) the Company will be entitled to use any Feedback you submit, and any ideas, concepts, know-how or techniques therein, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services using such Feedback without restriction and without providing any notice, attribution, or compensation to you. 5. LINKS TO THIRD PARTIES The Service may include links to other websites or applications (each, a “Third Party Service“). We do not control or endorse any Third Party Service. You agree that we are not responsible for the availability or contents of such Third Party Services. Your use of Third Party Services is at your own risk and subject to the Terms of Use and Privacy Policy on such sites. 6. LINKS TO THE COMPANY WEBSITES Unless otherwise prohibited under these Terms, you are hereby licensed to create hyperlinks to the content on the Company’s websites, provided that the hyperlinks accurately describe the content as it appears on the websites. The Company reserves the right to revoke this license generally, or your right to use specific links, at any time. Under no circumstances may you “frame” the websites or any of their content or copy portions of the websites to a server, except as part of an Internet service provider’s incidental caching of pages. Any such link must result in the display of the applicable page of the website in its entirety (including all branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the website. 7. AGENT TO RECEIVE NOTIFICATION OF INFRINGEMENT The Company does not knowingly publish copyrighted materials without permission. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in the form of a written statement signed physically or electronically (see Digital Millennium Copyright Act, 17 U.S.C. section 512(c)(3) for further detail):
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate and under penalty of perjury, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your statement must be sent to the Company by/through the website’s contact form. You acknowledge that if you fail to comply with all of the requirements of this Paragraph 9, your DMCA notice may not be valid. 8. INDEMNITY You agree to indemnify, defend, and hold the Company, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the owners, employees, volunteers, agents, and representatives of each of them (collectively, “the Company Entities“) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Service, (ii) the violation by you, or any third party using your account, of the Terms, (iii) any products or services purchased or obtained by you in connection with the Service, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Company. The Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.     9. NO WARRANTIES AND USER’S ASSUMPTION OF RISKS Content provided by the Company or other users may be inaccurate or outdated, and the Company makes no claims to the accuracy of any Content. Furthermore, identification of plants is often challenging and while many plants are safe or innocuous, other similar appearing plants may have toxic, allergic, and/or other harmful qualities that may cause serious adverse affects including illness, permanent damage, or death if used inappropriately.  Any reference in our products to various plants being edible or used for medicinal or other purposes is solely for informational purposes and is not a recommendation, endorsement, or suggestion to sample, ingest or otherwise use any plants or parts as food sources, herbal remedies, or medicines.  Any such use of plants discussed in our apps is at the sole discretion of the user and the user assumes all risks inherent with contacting, ingesting, or otherwise using any plant materials.  THE SERVICE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. THE COMPANY MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, OR THE SERVICE CONTENT. ACCORDINGLY, THE COMPANY IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE INFORMATION, BUSINESS LISTINGS,ADVERTISERS, OR PRODUCTS SOLD ON OUR SERVICE. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF THE COMPANY SHALL CREATE A REPRESENTATION OR WARRANTY. THE COMPANY EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE CONTENTS OF THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES, WORMS, OR OTHER ELEMENTS HARMFUL TO YOUR COMPUTER SYSTEM. 10. LIABILITY EXCLUSIONS You agree that the company shall not be liable to you or to any other person for any actual, special, consequential, or any other damage that results from your use of, or your inability to use, the service or its contents, including without limitation any (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the service; (c) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (d) interruption or cessation of transmission to or from the service; (e) bugs, viruses, trojan horses or the like, which may be transmitted to or through the service by any third party, and/or (f) errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via the service, whether based on warranty, contract, tort or any other legal theory, and whether or not the company is advised of the possibility of such damages. You agree that your sole and exclusive right and remedy in case of dissatisfaction with the service, related services, or any other grievance shall be your termination and discontinuation of access to, or use of the service. In the event this liability disclaimer is deemed unenforceable by a court of law, you agree that the Company’ maximum aggregate liability to you for losses or damages that you suffer in connection with the service or these terms is limited to the greater of (i) the amount paid, if any, by you to the Company in connection with the service in the 12 months prior to the action giving rise to liability, or (ii) $10. 11. MOBILE APPLICATIONS We provide mobile applications via a mobile device as our Service (each, a “Mobile Application”). To use the Mobile Application you must have a mobile device that is compatible with the mobile service. We do not warrant that the Mobile Application will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third-party or use the Mobile Application to provide time sharing or similar services for any third-party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that we may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and we and our third-party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your downloads of the Mobile Application. The following additional terms and conditions apply with respect to any Mobile Application that we provide to you designed for use on an Android-powered mobile device (an “Android App”) . For avoidance of doubt, these terms supplement and do not exclude or supersede any other provisions of these Terms:
  • You acknowledge that these Terms are between you and us only, and not with Google, Inc. (“Google”).
  • Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.
  • Google is only a provider of the online market where you obtained the Android App. The Company, and not Google, is solely responsible for the Android App and the services and content available thereon. Google has no obligation or liability to you with respect to the Android App or these Terms.
  • You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to the Android App.
11. CHOICE OF LAW AND VENUE The laws of the State of Utah will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and the Company (a “Claim“), without regard to conflict of law provisions. For any claim brought by either party, you agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located in Salt Lake City, Utah. 12. TERMINATION You may terminate the Terms at any time by deleting our apps from your devices, thereby discontinuing your use of our Service, and providing the Company with a notice of termination. 13. GENERAL TERMS We may provide you with notices, including those regarding changes to the Terms by email, regular mail or communications through the Service. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Service. These electronic communications are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. Any failure on the Company’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any rights hereunder. If any portion of these Terms is deemed invalid, void, or for any reason unenforceable, that portion shall be deemed severable and shall not affect the validity and enforceability of the remainder of these Terms. These Terms, and the Privacy Policy, may change from time to time. The Company may modify these Terms and/or the Privacy Policy effective immediately upon notice to you either by (1) electronic mail or (2) posting the modifications to the Service (which shall be deemed constructive notice). Your continued use of the Service following notice of any modifications shall be conclusively deemed an acceptance of all such modifications. These Terms and Conditions were last updated on May 8, 2019.