(Last updated: October 15, 2007)
Arizona Highways, by and through the State of Arizona and the Arizona Department of Transportation ("Arizona Highways"), maintains this Web site (the "Site") and provides the related services to you under the terms and conditions set forth below.
In addition to editorial content presented in Arizona Highways magazine, the goods and services offered by arizonahighways.com and shoparizonahighways.com are products and subscriptions to the magazine that can be ordered by phone, mail or through the Site.
The information and services offered on the Site are provided with the understanding that neither Arizona Highways, nor its editors, contributors, suppliers, customers or users, are engaged in rendering legal or other professional services or advice. Your use of the Site is subject to the additional disclaimers and caveats that may appear throughout the Site.
Arizona Highways and its agents assume no responsibility for any consequence relating directly or indirectly to any action or inaction that you take or fail to take based on the information, services or other material on this Site. While Arizona Highways strives to keep the information on this Site accurate, complete and up-to-date, Arizona Highways and its editors, contributors, or suppliers cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness or timeliness of the information. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site. You agree to notify Arizona Highways of these problems if you discover them.
All Proprietary Materials contained on the Site are protected by law from unauthorized use. Arizona Highways owns a copyright in certain Proprietary Materials on the Site, as well as the entire contents of the Site, including public domain content, which are protected as a collective work under the U.S. copyright laws. Arizona Highways owns a copyright in the selection, coordination, arrangement and enhancement of all Site content. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed.
Arizona Highways®, AZURITE™ and other logos, product and service names (the "Marks") are trademarks and service marks owned by or licensed to the State of Arizona, Arizona Department of Transportation. Without the prior written permission of Arizona Highways, you agree not to display or use in any manner the Marks.
PROHIBITED USES and COPYRIGHT INFRINGEMENT
You may not use the Marks or copy, modify, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another Web page, use on any other Web site, transfer, or sell any Proprietary Materials, information, software, lists of users, databases or other lists, products or services obtained from this Site. The foregoing prohibition expressly includes, but is not limited to, the practices of "screen scraping" or "database scraping" to obtain lists of users or other information. If and when requested by Arizona Highways, you agree to provide true, accurate and complete user information. You agree not to impersonate or falsely represent your affiliation with any person or entity. Except with the express permission of Arizona Highways, you agree not to access or attempt to access password protected, secure or non-public areas of the Site. Unauthorized individuals attempting to access prohibited areas of this Site may be subject to prosecution.
You shall not upload, post, publish, transmit, reproduce, distribute, or otherwise exploit any materials subject to another's copyright, unless such use occurs with permission from the copyright owner. If Arizona Highways becomes aware of facts or circumstances from which it is apparent that this Site or its services are being used for infringing any material under copyright, it will act expeditiously to remove, or disable access to, the material that is infringing or claimed to be the subject of infringing activity, regarding of whether the material or activity is ultimately determined to be infringing.
NOTICE OF COPYRIGHT CLAIMS
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Arizona Highways' Agent for Notice of Copyright Claims is the Arizona Highways editor, whom can be reached at email@example.com or by mail at:
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(a) YOUR USE OF THIS SITE AND THE SERVICE OFFERED AT THE SITE IS AT YOUR SOLE RISK. NEITHER Arizona Highways, ITS CONTRIBUTORS, EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT YOUR USE OF THE SITE AND ITS SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE AND ITS SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THEM.
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(c) Arizona Highways, ITS SUBSIDIARIES, AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
(d) UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Arizona Highways OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE AND ITS SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE AND ITS SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE SITE AND ITS SERVICES.
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