User Agreement

User Agreement for the CNPS Rare Plant Inventory

October 2022

The following Terms and Conditions govern the use of data from the California Native Plant Society’s (CNPS) Rare Plant Inventory (RPI) website application (Application or Site). By using the RPI Application and associated data, the user agrees to the following:

Data Use, Accuracy, and Integrity

  1. The RPI is dynamic. CNPS adds, modifies, and updates records daily, resulting in RPI data on our web application being updated on a regular basis. It is the user’s responsibility to update any downloaded, linked or imported copies of the RPI data from the RPI application to ensure the more current data is being used.
    1. Users that have created direct links or imports of the RPI data for use on public websites or applications should perform updates as frequently as possible to avoid displaying inaccurate, out-of-date information. Such users should update their websites and/or applications with new RPI data at least quarterly per year.
    2. Date of the last RPI import shall be displayed on any websites or applications, including a link to the original source in the RPI.
  2. When creating reports for public viewing, provide proper and clear citation with the date the data was obtained in the RPI and a link to the source.
  3. Data within the RPI requires biological expertise for proper analysis, interpretation, and application. It is the user’s responsibility to ensure that the data obtained from CNPS in the RPI are used correctly. Correct interpretation of the RPI data relies on utilizing the Glossary of Terms and Field Descriptions, and further support can be found in our Help page and online tutorials. Questions regarding RPI data, use, and technical support can be directed to rareplants@cnps.org.
  4. CNPS does not portray its databases as an exhaustive or comprehensive inventory of all rare species statewide. For any given location in California, a lack of species occurrences or records does not indicate or imply that the species does not occur there. Field observations must be made by qualified persons using the proper protocols and at appropriate times of year in order to support negative findings. Much of the state has never been surveyed in this way for many plant species. Follow the California Department of Fish and Wildlife’s (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities as best practice for botanical field surveys.
  5. The user’s contribution of data to the RPI is important and encouraged. CNPS accepts data in many formats and primarily receives data from the California Natural Diversity Database (CNDDB), housed at the California Department of Fish and Wildlife. The preferred method of data contribution is by direct submission to the CNDDB. Please visit the CNDDB reference webpage Submitting Data to the CNDDB for guidance on data submissions. Questions regarding CNDDB or data submissions can be directed to CNDDB@wildlife.ca.gov.
  6. Select RPI data is imported directly from the CNDDB on a recurring, monthly basis. Such data is cited to the CNDDB as the original source and is marked with an asterisk (*) in the RPI Glossary. Users of any of the CNDDB data that are included in the RPI must also conform to the CNDDB License Agreement and Data Use Guidelines in addition to this RPI User Agreement. For questions regarding these documents, please contact CNDDB.
  7. Citations to the RPI shall be made in the user’s reports, papers, publications, internet products, and maps that incorporate RPI data. Suggested citation:

California Native Plant Society, Rare Plant Program. [YEAR]. Rare Plant Inventory (online edition, [version number]). Website https://rareplants.cnps.org [accessed date].

No Unlawful or Prohibited Use/Intellectual Property

  1. The RPI is a proprietary database owned by CNPS. The user may not resell, redistribute, or repackage the RPI, except as allowed by this agreement. The user may make copies of the RPI Search Result exports and Plant Reports in digital or hardcopy form for use or distribution within the local office, department, agency, business, or corporation in which they are associated with. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
  2. The RPI Application content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, unless written in contracts, and will make no other use of the content without the express written permission of CNPS and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of CNPS or our licensors except as expressly authorized by these Terms or written in valid contracts.
  3. All content included as part of the RPI Application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of CNPS or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
  4. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to CNPS that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the 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 Site.

Links to Third Party Sites/Third Party Services

The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of CNPS and CNPS 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. The CNPS and the RPI Application is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CNPS of the site or any association with its operators.

International Users

The Service is controlled, operated, and administered by CNPS from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the RPI Application content accessed through this site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Contact Us

CNPS welcomes your questions and comments regarding these Terms:

Mailing Address:
California Native Plant Society, Rare Plant Program
2707 K Street, Suite 1
Sacramento, California 95816

rareplants.cnps.org

}