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Terms Of Service
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY
BEFORE USING THIS WEBSITE. All users of this site agree that access to and use
of this site are subject to the following terms and conditions and other
applicable law. If you do not agree to these terms and conditions, please do not
use this site.
Copyright
The entire content included in this site, including but not limited to text,
graphics or code is copyrighted as a collective work under the United States and
other copyright laws, and is the property of VEGETABLE GARDENING GUIDE. The
collective work includes works that are licensed to VEGETABLE GARDENING GUIDE.
Copyright 2008 VEGETABLE GARDENING GUIDE ALL RIGHTS RESERVED. Permission is
granted to electronically copy and print hard copy portions of this site for the
sole purpose of placing an order with VEGETABLE GARDENING GUIDE or purchasing
VEGETABLE GARDENING GUIDE products. You may display and, subject to any
expressly stated restrictions or limitations relating to specific material,
download or print portions of the material from the different areas of the site
solely for your own non-commercial use, or to place an order with VEGETABLE
GARDENING GUIDE or to purchase VEGETABLE GARDENING GUIDE products. Any other
use, including but not limited to the reproduction, distribution, display or
transmission of the content of this site is strictly prohibited, unless
authorized by VEGETABLE GARDENING GUIDE. You further agree not to change or
delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of VEGETABLE GARDENING GUIDE used
in the site are trademarks or registered trademarks of VEGETABLE GARDENING GUIDE
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and
without warranties of any kind, whether express or implied. To the fullest
extent permissible pursuant to applicable law, VEGETABLE GARDENING GUIDE
disclaims all warranties, express or implied, including, but not limited to,
implied warranties of merchantability and fitness for a particular purpose and
non-infringement. VEGETABLE GARDENING GUIDE does not represent or warrant that
the functions contained in the site will be uninterrupted or error-free, that
the defects will be corrected, or that this site or the server that makes the
site available are free of viruses or other harmful components. VEGETABLE
GARDENING GUIDE does not make any warrantees or representations regarding the
use of the materials in this site in terms of their correctness, accuracy,
adequacy, usefulness, timeliness, reliability or otherwise. Some states do not
permit limitations or exclusions on warranties, so the above limitations may not
apply to you.
Limitation of Liability
VEGETABLE GARDENING GUIDE shall not be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials on
this site or the performance of the products, even if VEGETABLE GARDENING GUIDE
has been advised of the possibility of such damages. Applicable law may not
allow the limitation of exclusion of liability or incidental or consequential
damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a VEGETABLE GARDENING GUIDE product is mistakenly listed at an
incorrect price, VEGETABLE GARDENING GUIDE reserves the right to refuse or
cancel any orders placed for product listed at the incorrect price. VEGETABLE
GARDENING GUIDE reserves the right to refuse or cancel any such orders whether
or not the order has been confirmed and your credit card charged. If your credit
card has already been charged for the purchase and your order is cancelled,
VEGETABLE GARDENING GUIDE shall issue a credit to your credit card account in
the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site
and/or completing the registration or shopping process. These terms and
conditions, or any part of them, may be terminated by VEGETABLE GARDENING GUIDE
without notice at any time, for any reason. The provisions relating to
Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and
Miscellaneous, shall survive any termination.
Notice
VEGETABLE GARDENING GUIDE may deliver notice to you by means of e-mail, a
general notice on the site, or by other reliable method to the address you have
provided to VEGETABLE GARDENING GUIDE.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state
of California, U.S.A., without regard to choice of law provisions, and not by
the 1980 U.N. Convention on contracts for the international sale of goods. You
agree that jurisdiction over and venue in any legal proceeding directly or
indirectly arising out of or relating to this site (including but not limited to
the purchase of VEGETABLE GARDENING GUIDE products) shall be in the state or
federal courts located in Los Angeles County, California. Any cause of action or
claim you may have with respect to the site (including but not limited to the
purchase of VEGETABLE GARDENING GUIDE products) must be commenced within one (1)
year after the claim or cause of action arises. VEGETABLE GARDENING GUIDE's
failure to insist upon or enforce strict performance of any provision of these
terms and conditions shall not be construed as a waiver of any provision or
right. Neither the course of conduct between the parties nor trade practice
shall act to modify any of these terms and conditions. VEGETABLE GARDENING GUIDE
may assign its rights and duties under this Agreement to any party at any time
without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by
use of obscene or abusive language, is strictly forbidden. Impersonation of
others, including a VEGETABLE GARDENING GUIDE or other licensed employee, host,
or representative, as well as other members or visitors on the site is
prohibited. You may not upload to, distribute, or otherwise publish through the
site any content which is libelous, defamatory, obscene, threatening, invasive
of privacy or publicity rights, abusive, illegal, or otherwise objectionable
which may constitute or encourage a criminal offense, violate the rights of any
party or which may otherwise give rise to liability or violate any law. You may
not upload commercial content on the site or use the site to solicit others to
join or become members of any other commercial online service or other
organization.
Participation Disclaimer
VEGETABLE GARDENING GUIDE does not and cannot review all communications and
materials posted to or created by users accessing the site, and is not in any
manner responsible for the content of these communications and materials. You
acknowledge that by providing you with the ability to view and distribute
user-generated content on the site, VEGETABLE GARDENING GUIDE is merely acting
as a passive conduit for such distribution and is not undertaking any obligation
or liability relating to any contents or activities on the site. However,
VEGETABLE GARDENING GUIDE reserves the right to block or remove communications
or materials that it determines to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark
or; other intellectual property right of another or (d) offensive or otherwise
unacceptable to VEGETABLE GARDENING GUIDE in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless VEGETABLE GARDENING GUIDE, its
officers, directors, employees, agents, licensors and suppliers (collectively
the "Service Providers") from and against all losses, expenses, damages and
costs, including reasonable attorneys' fees, resulting from any violation of
these terms and conditions or any activity related to your account (including
negligent or wrongful conduct) by you or any other person accessing the site
using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, VEGETABLE GARDENING
GUIDE may link to sites operated by third parties. However, even if the third
party is affiliated with VEGETABLE GARDENING GUIDE, VEGETABLE GARDENING GUIDE
has no control over these linked sites, all of which have separate privacy and
data collection practices, independent of VEGETABLE GARDENING GUIDE. These
linked sites are only for your convenience and therefore you access them at your
own risk. Nonetheless, VEGETABLE GARDENING GUIDE seeks to protect the integrity
of its web site and the links placed upon it and therefore requests any feedback
on not only its own site, but for sites it links to as well (including if a
specific link does not work).
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