Submitted by bmoss_7958 on Fri, 05/30/2025 - 17:23

Terms of Use

Welcome to InSite by NatureServe.

The following Terms and Conditions are comprised of 2 separate license/subscription agreements of which have distinct terms based on the type of subscription being purchased. Only the agreement type for the package you are purchasing applies.

Basic Package License/Subscription Agreement

This License/Subscription Agreement (“Agreement”) is by and between NatureServe and the named Licensee set forth on the applicable Order Form (“Licensee”). This Agreement governs the access and use of InSite by NatureServe (“Insite”). The parties agree as follows:

1. Definitions

“LICENSEE” is the entity purchasing an InSite package or subscription. This can be an individual or an organization.
“USER” when Licensee is an organization, refers to an individual who is an employee, independent contractor, faculty member, or staff member of a Licensee who has been assigned as the primary point of contact for the Licensee’s access to the data product and adherence to these terms and conditions.
“DATASET” means the proprietary data on which the Insite by NatureServe tool is based.
“DATA PRODUCT”/”INSITE REPORT” means a report generated by the InSite by NatureServe tool in the Website that provide an overview summary of biodiversity assets and the estimated relative biodiversity value across a geographic site.
“ORDER FORM” means an ordering document (whether online or otherwise) entered into by NatureServe and the Licensee, which is incorporated into this Agreement, and specifies the services to be provided by NatureServe and the fees related thereto.
“WEBSITE” refers to the InSite NatureServe website and all tools and content.
“NATURESERVE NETWORK” refers to the collaborative of more than 60 programs that work together to develop, curate, analyze, and share information that can offer novel, actionable insights into biodiversity conservation.

2. License Grant – Basic Package

InSite by NatureServe is a new biodiversity assessment tool that enables entities to understand biodiversity risk and biodiversity value for a particular site of interest. By purchasing a “Basic Package” for InSite by NatureServe, NatureServe grants you (“Licensee”) access to the Website, including use of its tools to create Insite Reports, and any InSite Reports that may be created, during the Term of this Agreement for a specified number of purchased InSite Reports. This license is granted to the purchasing organization or entity (“Licensee”).
Subject to the terms of this Agreement, NatureServe grants to the Licensee, exercisable by and through its User, a nonexclusive, nontransferable, revocable, non-sublicensable, limited, worldwide license during the Term of this Agreement to access and use the Website solely for the following non-commercial permitted uses:

Licensee, to include the User, may access the Data Product for Licensee’s internal purposes only. They may:

Use the Website to access the Data Product that were purchased by Licensee.
Analyze InSite Reports and use them to create internal documents.
Share InSite Reports within their organization

No information retrieved from the Data Product, can be shared outside of the organization without explicit written permission from NatureServe.

3. Prohibited Uses

Licensee shall not and shall not permit User and any third parties under its control to distribute Data Product or allow access to the Website by other agencies, organizations, companies, individuals, or other third parties other than as described above. Distribution of the Data Product, Dataset or any intellectual property in whole or in part, or any products derived from the Data Product, Dataset or any intellectual property for commercial purposes is strictly prohibited.

Data Product shall not be displayed, disseminated, or otherwise used in any way that (i) is false or misleading; (ii) may negatively affect the reputation or goodwill of NatureServe; (iii) violates any law or regulation of the United States; (iv) mischaracterizes the relationship between Licensee or User and NatureServe (including but not limited to implying that User is legally part of NatureServe); (v) is inappropriate, offensive, racist, hateful, defamatory, libelous, unlawful, or that otherwise infringes on the rights of others (vi) conveys support or opposition to any candidate for public office; or (vii)otherwise jeopardizes the tax exemption of NatureServe.

Unauthorized attempts to upload or change information; to defeat or circumvent security measures; or to utilize this system for other than its intended purposes are prohibited.

4. Third Party Misuse of Intellectual Property.

Licensee, to include the User, shall assist NatureServe in protecting against the misuse by third parties of Intellectual Property. Specifically, User shall promptly notify NatureServe in writing no more than three (3) days after learning of any actual or potential infringements of any rights or any unlawful use by others of Intellectual Property.

5. Rights

NatureServe reserves all rights in the Data Product and in all intellectual property provided. No interest whatsoever is conveyed in right, title and interest in the Data Product, the information, intellectual property and all copyrights (and renewals thereof) secured therein.

NatureServe shall own and retain ownership of all materials or intellectual property owned by NatureServe as of the Effective Date of the Order Form, including, without limitation, all NatureServe trademarks, patents, copyrights, trade secrets, know-how, materials, standards, brochures, logos, or other intellectual property or proprietary rights, and all rights, title, and interest in and to the Data Product and Dataset. NatureServe shall also own and retain ownership of and any and all modifications, improvements, continuations, continuations in part, enhancements, or derivatives thereof created NatureServe IP during the Term of this Agreement. No interest whatsoever is conveyed in right, title, and interest in the NatureServe IP. All publication, dissemination and other rights are reserved to NatureServe in all languages, formats and throughout the world for the sole and exclusive use or any other disposition by NatureServe or their assignees or grantees at any time and from time to time without any obligation or liability to any User.

InSite by NatureServe, NatureServe, NatureServe Explorer, The NatureServe logo, and all other names and logos of NatureServe programs referenced herein are trademarks of NatureServe and may not be used without written permission from NatureServe.

6. Financial Obligation

During the Initial Term of this Agreement, the Licensee shall pay NatureServe a fee as set forth in the Order Form. Payment for the Initial Term is due within thirty (30) days of the effective date of the Order Form. Payment for any Renewal Term(s) is due within thirty days of any Renewal Date(s). All payments are non-refundable. NatureServe reserves the right to adjust the fee in any Renewal Term(s)

7. Term

This Agreement will commence as of the effective date of the Order Form and will continue for one (1) year (the “Initial Term”). Thereafter, upon mutual written agreement of the parties, this Agreement will renew for successive terms (“Renewal Term(s)”), the price and duration of which will be determined by the parties, and which, unless otherwise agreed to by the parties, will begin on the anniversary of the effective date (“Renewal Date(s)”). The Initial Term and any Renewal Term(s) are collectively referred to herein as the Term.

8. Termination

NatureServe reserves the right at any time, with notice, to suspend the Website and/or to terminate or restrict access to the Website upon finding any default or violation of these terms or if NatureServe, in its sole discretion, determines that participation in this Agreement jeopardizes its tax-exempt status under section 501(a) of the Internal Revenue Code, as an organization described in section 501(c)(3) of the Internal Revenue Code. Website provides access to proprietary Dataset. Licensee and User, agree not to use the Website or the Data Product for any purpose that is not listed in Section 2 of this document unless covered in a separate license agreement with NatureServe.

The Licensee represents and warrants that it and the User are at least 18 years old.

9. NatureServe Warranty

NatureServe provides the Website, Data Product, underlying Dataset, and other materials hereunder “as is” and hereby disclaims any and all warranties, express or implied, including, without limitation, all implied or statutory warranties of merchantability, fitness for a particular purpose, accuracy of informational content, and non-infringement. NatureServe makes no warranty or representation of any kind, express or implied, with respect to the quality, originality, suitability, or searchability of the Data Product, including, without limitation, technical inaccuracies and typographical errors. NatureServe disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from use of the Data Product by the Licensee to include the User.

The Data Product is based on national data, including spatial models, and is intended to provide an overview summary of biodiversity assets and the estimated relative biodiversity value across a site. It is not intended to replace on-site inventory and monitoring or state environmental review processes, though it does provide information to (1) support planning for the former and (2) connect users to local data and environmental review tools available through NatureServe’s state member programs for the latter. More detailed information can be found at https://www.natureserve.org/access-data.

Data Product should not be regarded as a substitute for on-site surveys required for environmental assessments. If ground-disturbing activities are proposed on a site, the appropriate NatureServe Network Program should be contacted for a site-specific review of the project area. For contact information, go to the NatureServe Network Directory at: https://www.natureserve.org/ns-network-directory. NatureServe Network Programs are located in each U.S. and Canadian jurisdiction (states, provinces, territories, and the Navajo Nation), and employ staff that have expertise on the status and location of imperiled species and ecosystems occurring in their local jurisdiction. In addition, these NatureServe Network Programs may have other data resources not available in the Dataset (e.g., migratory routes, observations for wide-ranging and widely distributed species, etc.), therefore NatureServe strongly recommends consulting with contributing NatureServe Network Programs (https://www.natureserve.org/ns-network-directory) when making conservation management decisions, especially when they impact species or habitats at a local site.

10. Limitation of Liability, Remedies, and Damages

In no event shall NatureServe be liable for any punitive, exemplary, special, indirect, incidental or consequential damages (including, but not limited to, list profits, lost revenues, lost business opportunities, loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to these Terms and Conditions, regardless of the legal theory under which such damages are sought, and even if the parties have been advised of the possibility of such damages or loss.
The total liability of NatureServe for any losses, injuries, claims, liabilities, or damages arising out of or relating to these terms shall not exceed the subscription fee paid by the Licensee to NatureServe during the Initial Term of this Agreement (as set forth in the Order Form).

11. Indemnification

The Licensee, to include the User, agree to defend, indemnify, and hold harmless NatureServe, and its respective directors, officers, agents, employees, representatives, agents, and insurers, and its respective successors and assigns, from and against any and all liabilities, losses, claims, damages, assessments, fines, penalties, costs and expenses of any nature, including reasonable attorneys’ fees and expenses, arising from or related to (i) any act, omission, negligence, misconduct, or breach of any material condition of this Agreement by the User, the Licensee or its employees, representatives, agents, Licensees, or invitees, (ii) the Licensee’s, to include the User’s, use of Data Product, or (iii) any other activity pursuant to the terms of this Agreement.

12. NatureServe Access and use of User Information:

NatureServe collects your data to provide you with updates and information about website content and services.
NatureServe may share the information you provide when creating your User account with NatureServe Network Programs who serve as data providers and curators.
Storage of GIS data: Submitted areas of interest are stored within the report database records for individual/organizations. NatureServe does not directly access this information for any purpose other than troubleshooting or providing additional information in conjunction with individual/organizations. Summary information about reports is used to track usage patterns across the nation. This summary information may be displayed on internal dashboards and shared with our NatureServe Network. No specific user identifying information is included in this information. This data may be used to prioritize data improvements and updates.
See the InSite Privacy Policy for additional information https://store.natureserve.org/privacy-policy-cookie-restriction-mode

13. Miscellaneous

This Agreement sets forth the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any and all prior written or oral agreements between the parties pertaining to the subject matter hereof. Furthermore, this Agreement should only be amended in writing, and NatureServe may revise this Agreement periodically. If changes are made to this Agreement, you will be required to review and accept those changes prior to using the Website again. If at any time you do not wish to accept the new terms of the Agreement, you may cancel your subscription and request a refund for the remaining portion of the term pursuant to Section 4, above. No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. The provisions of this Agreement are severable. If any part of this Agreement is found to be unenforceable in any jurisdiction, the other provisions shall remain in effect. Commonwealth of Virginia, or, in the event of state agencies, the laws of that state, with the exception of the choice of law rules thereof. The Licensee, to include the User, hereby consents to and submits to the jurisdiction of the federal and state courts located in the Commonwealth of Virginia. The Licensee, to include the User, waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. The Licensee, to include the User, may not assign, subcontract, or sublicense this Agreement or any of the Licensee’s rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of NatureServe. The parties are independent contractors. This Agreement does not create any relationship of agency, partnership, or joint venture between the parties, and neither party shall make any such representation. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. The provisions of this section, and Sections 5 (“Rights”), 10 (“Limitation of Liability, Remedies, and Damages), and 11 (“Indemnification”) shall survive the expiration or termination of this Agreement.

License/Subscription Agreement

1. Definitions

“LICENSEE” is the entity purchasing an InSite package or subscription. This can be an individual or an organization
“ADMINISTRATOR” refers to an individual who is an employee, independent contractor, faculty member, or staff member of a Licensee who has been assigned as the primary point of contact for the Licensee’s access to the data product.
“USER” refers to an individual who is an employee, independent contractor, or volunteer of a Licensee, and who may be granted permission by an Administrator to access the Data Product. An independent contractor must be contracted to the Licensee to qualify as a user.
“DATASET” means the proprietary data on which the Insite by NatureServe tool is based.
“WEBSITE” refers to the InSite NatureServe website and all tools and content.
“DATA PRODUCT”/”INSITE REPORT” means a report generated by the InSite by NatureServe tool in the Website that provide an overview summary of biodiversity assets and the estimated relative biodiversity value across a geographic site.
“ORDER FORM” means an ordering document (whether online or otherwise) entered into by NatureServe and the Licensee, which is incorporated into this Agreement, and specifies the services to be provided by NatureServe and the fees related thereto.
“NATURESERVE NETWORK” refers to the collaborative of more than 60 programs that work together to develop, curate, analyze, and share information that can offer novel, actionable insights into biodiversity conservation.

2. License Grant – Essentials Package

InSite by NatureServe is a new biodiversity assessment tool that enables entities to understand biodiversity risk and biodiversity value for a particular site of interest. By purchasing an “Essentials Package” to InSite by NatureServe, NatureServe grants you (“Licensee”) access to the Website, including use of its tools to create Insite Reports, and any InSite Reports created during the Term of this Agreement. Each license provides for the Licensee to issue access credentials to up to one hundred (100) Users at the discretion of an organizational Administrator. All Users are required to review and agree to abide by the terms of the agreement.

Subject to the terms of this Agreement, NatureServe grants to the Licensee, exercisable by and through its Administrator and Users, a nonexclusive, nontransferable, revocable, non-sublicensable, limited, worldwide license during the Term of this Agreement to access and use the Website solely for the following non-commercial permitted uses:

Users may access and the Data Product for Licensee’s internal purposes only. They may:

Use the Website to access the Data Product.
Analyze InSite Reports and use them to create internal documents.
Share the InSite Reports, and any other internal products based on such reports internally with other employees or contractors of Licensee, provided all such internal products, including data, documents, reports, maps or other products (in paper, hardcopy, electronic, or any formats) reference that the products are derived from Insite by NatureServe.

No information retrieved from the Data Product, including any of the information from a Dataset, can be shared outside of the organization without explicit written permission from NatureServe.

Licensee is responsible for ensuring that all Users accessing the Data Product are informed of, and adhere to, all provisions of these Terms and Conditions. Licensee is responsible for any violation of the Terms and Conditions by any party granted access to the Data Product, including any unauthorized disclosure or use.

The Licensee agrees to the terms of this Agreement and shall be responsible for compliance by its Administrator and Users, and for securing any necessary consents from its Administrator and Users to access and use their personal information and for ensuring that such access and use conforms with applicable laws, including, without limitation, privacy laws.

3. Prohibited Uses

Licensee shall not permit its Administrator, Users, and any third parties under its control to distribute Data Product or allow access to the Website by other agencies, organizations, companies, individuals, or other third parties other than as described above. Distribution of the Data Product, Dataset or any intellectual property in whole or in part, or any products derived from the Data Product, Dataset or any intellectual property for commercial purposes is strictly prohibited.

Data Product shall not be displayed, disseminated, or otherwise used in any way that (i) is false or misleading; (ii) may negatively affect the reputation or goodwill of NatureServe; (iii) violates any law or regulation of the United States; (iv) mischaracterizes the relationship between Licensee or User and NatureServe (including but not limited to implying that the Administrator or User is legally part of NatureServe); (v) is inappropriate, offensive, racist, hateful, defamatory, libelous, unlawful, or that otherwise infringes on the rights of others (vi) conveys support or opposition to any candidate for public office; or (vii)otherwise jeopardizes the tax exemption of NatureServe.

Unauthorized attempts to upload or change information; to defeat or circumvent security measures; or to utilize this system for other than its intended purposes are prohibited.

4. Third Party Misuse of Intellectual Property.

Users shall assist NatureServe in protecting against the misuse by third parties of Intellectual Property. Specifically, User shall promptly notify NatureServe in writing no more than three (3) days after learning of any actual or potential infringements of any rights or any unlawful use by others of Intellectual Property.

5. Rights

6. Financial Obligation

7. Term

8. Termination

NatureServe reserves the right at any time, with notice, to suspend the Website and/or to terminate or restrict access to the Website upon finding any default or violation of these terms or if NatureServe, in its sole discretion, determines that participation in this Agreement jeopardizes its tax-exempt status under section 501(a) of the Internal Revenue Code, as an organization described in section 501(c)(3) of the Internal Revenue Code. Website provides access to proprietary Dataset. Licensee agrees not to use the Website or the Data Product for any purpose that is not listed in Section 2 of this document unless covered in a separate license agreement with NatureServe.

The Licensee represents and warrants that the Administrator and all Users are at least 18 years old.

9. NatureServe Warranty

The Data Product is based on national data, including spatial models, and is intended to provide an overview summary of biodiversity assets and the estimated relative biodiversity value across a site. It is not intended to replace on-site inventory and monitoring or state environmental review processes, though it does provide information to (1) support planning for the former and (2) connect users to local data and environmental review tools available through NatureServe’s state member programs for the latter.More detailed information can be found at https://www.natureserve.org/access-data.

10. Limitation of Liability, Remedies, and Damages

In no event shall NatureServe be liable for any punitive, exemplary, special, indirect, incidental or consequential damages (including, but not limited to, list profits, lost revenues, lost business opportunities, loss of use or equipment down time, and loss of or corruption to data) arising out of or relating to these Terms and Conditions, regardless of the legal theory under which such damages are sought, and even if the parties have been advised of the possibility of such damages or loss.
The total liability of NatureServe for any losses, injuries, claims, liabilities, or damages arising out of or relating to these terms shall not exceed the subscription fee paid by the Licensee to NatureServe during the Initial Term of this Agreement (as set forth in the Order Form).

11. Indemnification

The Licensee agrees to defend, indemnify, and hold harmless NatureServe, and its respective directors, officers, agents, employees, representatives, agents, and insurers, and its respective successors and assigns, from and against any and all liabilities, losses, claims, damages, assessments, fines, penalties, costs and expenses of any nature, including reasonable attorneys’ fees and expenses, arising from or related to (i) any act, omission, negligence, misconduct, or breach of any material condition of this Agreement by an Administrator, User, or the Licensee or its employees, representatives, agents, Licensees, or invitees, (ii) the Licensee’s use of Data Product, or (iii) any other activity pursuant to the terms of this Agreement.

12. NatureServe Access and use of User Information:

NatureServe collects your data to provide you with updates and information about website content and services.
NatureServe may share the information you provide when creating your User account with NatureServe Network Programs who serve as data providers and curators.
Storage of GIS data: Submitted areas of interest are stored within the report database records for individual/organizations. NatureServe does not directly access this information for any purpose other than troubleshooting or providing additional information in conjunction with individual/organizations. Summary information about reports is used to track usage patterns across the nation. This summary information may be displayed on internal dashboards and shared with our NatureServe Network. No specific user identifying information is included in this information. This data may be used to prioritize data improvements and updates.
See the InSite Privacy Policy for additional information https://store.natureserve.org/privacy-policy-cookie-restriction-mode

13. Miscellaneous

This Agreement sets forth the entire agreement between the parties pertaining to the subject matter hereof, and supersedes any and all prior written or oral agreements between the parties pertaining to the subject matter hereof. Furthermore, this Agreement should only be amended in writing, and NatureServe may revise this Agreement periodically. If changes are made to this Agreement, you will be required to review and accept those changes prior to using the Website again. If at any time you do not wish to accept the new terms of the Agreement, you may cancel your subscription and request a refund for the remaining portion of the term pursuant to Section 4, above. No failure to exercise and no delay in exercising any right or remedy under this Agreement shall operate as a waiver thereof. The provisions of this Agreement are severable. If any part of this Agreement is found to be unenforceable in any jurisdiction, the other provisions shall remain in effect. Commonwealth of Virginia, or, in the event of state agencies, the laws of that state, with the exception of the choice of law rules thereof. The Licensee hereby consents to and submits to the jurisdiction of the federal and state courts located in the Commonwealth of Virginia. The Licensee waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum. The Licensee may not assign, subcontract, or sublicense this Agreement or any of the Licensee’s rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of NatureServe. The parties are independent contractors. This Agreement does not create any relationship of agency, partnership, or joint venture between the parties, and neither party shall make any such representation. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. The provisions of this section, and Sections 5 (“Rights”), 10 (“Limitation of Liability, Remedies, and Damages), and 11 (“Indemnification”) shall survive the expiration or termination of this Agreement.