AZGFD Terms of Use

Agreement between User and AZGFD Website

The AZGFD Web Site is comprised of various Web pages operated by the Arizona Game and Fish Department (AZGFD).

The AZGFD Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. By accessing or using the AZGFD Web Site you agree that you have read, understand and agree to be bound by all such terms, conditions, and notices.

Modification of these Terms of Use

AZGFD offers many of the services online that you might otherwise transact in person. Our goal is to provide citizens with a more convenient and efficient means in which to interact with AZGFD. If at any time you choose not to proceed with a transaction offered through the AZGFD website, your choice will in no way affect your ability to receive benefits or services. If you prefer to apply for benefits or services in person, you may do so at an AZGFD office.

links to third party sites

The AZGFD Web Site may contain links to other Web Sites (“Linked Sites”). The Linked Sites are not under the control of AZGFD and AZGFD is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. AZGFD is not responsible for webcasting or any other form of transmission received from any Linked Site. AZGFD is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by AZGFD of the site or any association with its operators. AZGFD makes no representation or warranties about the content, completeness, or accuracy of these Linked Sites or the sites hyperlinked to this site.

RESTRICTIONS ON USE–NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the AZGFD Web Site, you may use the AZGFD Web Site only for purposes expressly permitted by this site. You warrant to AZGFD that you will not use the AZGFD Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the AZGFD Web Site in any manner which could damage, disable, overburden, or impair the AZGFD Web Site or interfere with any other party’s use and enjoyment of the AZGFD Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the AZGFD Web Sites.

use of communication services

The AZGFD Web Site may contain forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.

AZGFD assumes no obligation to monitor the Communication Services. However, AZGFD reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion that violates the terms of use. AZGFD reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

AZGFD reserves the right at all times to disclose any information as necessary if required by any applicable law, regulation, legal process or governmental request.

Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. AZGFD does not endorse the content, messages or information found in any Communication Service and, therefore, you waive any liability claim against AZGFD with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized AZGFD spokespersons, and their views do not necessarily reflect those of AZGFD.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO AZGFD OR POSTED AT ANY AZGFD WEB SITE

AZGFD does not claim ownership of the materials you provide to AZGFD (including feedback and suggestions) or post, upload, input or submit to any AZGFD Web Site or its associated services (collectively “Submissions”). You acknowledge that you either own the Submissions or have authorization to make available the Submissions and hereby grant to AZGFD a non-exclusive, fully-paid, royalty fee, perpetual and irrevocable license to use for any purpose such Submissions as necessary in connection with the operation of the AZGFD Web Site including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. You agree that AZGFD will not be required to treat any Submission as confidential, and may use Submission without incurring any liability. AZGFD will treat any personal information that you submit through this site in accordance with its Privacy Policy.

No compensation will be paid with respect to the use of your Submission, as provided herein. AZGFD is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in AZGFD’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

disclaimer

YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. AZGFD DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR INFRINGEMENT. AZGFD DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR THEIR HARMFUL COMPONENTS. AZGFD DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR RESULT OF USE, OF THE CONTENT ON TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND AZGFD MAY MAKE CHANGES OR IMPROVEMENTS AT SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR ITS CONTETNT. AZGFD MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHT OF OTHERS AND ASSUMES NO LIABILITY OF RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.

ALL INFORMATION IN THIS SITE, WHETHER HISTORICAL OR GEOGRAPHICAL IN NATURE OR FORWARD-LOOKING, SPEAKS ONLY AS OF THE DATE THE INFORMATION IS POSTED ON THIS SITE, AND AZGFD DOES NOT UNDERTAKE ANY OBLIGATION TO UPDATE SUCH INFORMATION AFTER IT IS POSTED OR TO REMOVE SUCH INFORMATION FROM THIS SITE IF IT IS NOT, OR IS NO LONGER, ACCURATE OR COMPLETE.

limited liability

AZGFD, THE STATE OF ARIZONA, ITS BOARDS AND COMMISSION, OFFICERS AND EMPLOYEES AND AGENTS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE AZGFD WEB SITE, WITH THE DELAY OR INABILITY TO USE THE AZGFD WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE AZGFD WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE AZGFD WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF AZGFD OR ANY OF ITS AGENTS OR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE AZGFD WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE AZGFD WEB SITE.

indemnity

You agree to defend, indemnify and hold harmless AZGFD, the State of Arizona, its boards and commission, officer and employee and agents and suppliers (the “Indemnified Parties”) from any breach of these terms of use by you, including any use of content other than as expressly authorized in these terms of use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

waiver and release

As a condition to your use of this site, you hereby release AZGFD, the State of Arizona, its boards and commissions, officers and employees and agents and suppliers from any and all claims, causes of actions or other rights that you might have against us arising out of or relating to the submission and review of any materials made available through this site as well as any losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arise from any incorrect or inaccurate information you submit through the site, whether caused by you or others on your behalf or by any of the equipment or programming associated with or utilized in the site, or as a result of any decisions made based upon information obtained from us or through the AZGFD Web Site.

SERVICE CONTACT: SendComments@azgfd.gov

termination/ access restriction

AZGFD reserves the right, in its sole discretion, to terminate your access to the AZGFD Web Site and the related services or any portion thereof at any time, without notice.

governing law

This agreement shall be governed by the laws of the State of Arizona, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Arizona, U.S.A. in all disputes arising out of or relating to the use of the AZGFD Web Site. You hereby agree to submit to the personal jurisdiction of the state courts and federal courts located within the State of Arizona for the purpose of litigating all such claims or disputes.

miscellaneous

If any part of these terms of use is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and AZGFD as a result of this agreement or use of the AZGFD Web Site.

AZGFD’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of AZGFD’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the AZGFD Web Site or information provided to or gathered by AZGFD with respect to such use.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and AZGFD with respect to the AZGFD Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and AZGFD with respect to the AZGFD Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other public records or business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

copyright and trademark notices

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.