Terms of Use

    1. BINDING EFFECT.  This is a binding agreement. By opening an account with gardenzeus.com (the “Site”) or by using any services or information provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by GardenZeus LLC (“Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immedi­ately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

     

    1. PRIVACY POLICY. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current privacy policy can be found by click­ing here. Company’s privacy policy is expressly incorporated into this Agreement by this reference.

     

    1. USE OF INTELLECTUAL PROPERTY. In connection with your use of this Site or Services, you have access to information generated by computer codes.  In allowing this use, Company does not transfer any intellectual property rights to you and Company retains full and complete ownership of all intellectual property rights therein. You may not sell, redistribute, or reproduce any information from the Site, nor may you decompile, reverse-engineer, disas­semble, or otherwise convert any information from the site to a human-perceivable form. All trademarks, trade names and logos are owned by Company and you may not copy or use them in any manner.

     

    1. USER CONTENT. You grant Company a license to use the mate­rials you post to the Site or Service. By posting, downloading, dis­playing, performing, transmitting, or otherwise distributing informa­tion or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, con­sultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, transmit, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site or using the Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, download, display, perform, transmit, or otherwise distribute User Content.

     

     

    1. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intel­lectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.

     

    1. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, dis­play, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threaten­ing; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, trans­mission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Com­pany intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

     

    1. COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Com­pany to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone num­ber, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of per­jury, that you are authorized to act on behalf of the owner of an exclu­sive right that is allegedly infringed. For this notification to be effec­tive, you must provide it to Company’s designated agent at:

     

    Ann E. Clary

    Chief Operating Officer

    GardenZeus LLC

    626-304-9840

    ann@gardenzeus.com

     

    1. ALLEGED VIOLATIONS. Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company pro­vides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Com­pany does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immedi­ately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or inter­fered with use of the Site or the Service by others.

     

    1. The Site and Services are designed for persons residing in and for gardens located in the State of California. The Site and Services are for residential, noncommercial use only. Company makes no representation that the Site or Services are available or appropriate for use in locations outside the State of California, by persons residing outside the State of California or by persons using the Site or Services for commercial or industrial purposes.

     

    1. NO WARRANTIES.COMPANY HEREBY DISCLAIMS ALL WARRAN­TIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABIL­ITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGE­MENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERA­TION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

     

    1. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITEDTO, SPECIAL, INCIDENTAL, OR CON­SEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARD­LESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

     

    1. AFFILIATED SITES. Company has no control over, and no liabil­ity for any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Com­pany makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Simi­larly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, web-sites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no respon­sibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content. Company is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Company also has a contractual relationship with other companies, partners, affiliates, and third parties, including but not limited to Tomatofest and Botanical Interests, in which Company may earn fees by linking you directly with these sites.

     

    1. PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated sys­tem or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limita­tion, by means of submitting a virus to the Site or Service, overload­ing, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limi­tation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header informa­tion in any e-mail or in any posting using the Service; or (f) attempt­ing to modify, reverse-engineer, decompile, disassemble, or other­wise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

     

     

    1. You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, con­sultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defend­ing any such claim, loss, liability, damage, or cost.

     

    1. All contents of Site or Service are: Copyright © 2015 GardenZeus LLC. All rights reserved.

     

    1. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding con­flicts of law. You hereby irrevocably consent to the exclusive jurisdic­tion of the state or federal courts in the County of Los Angeles, California, USA in all disputes arising out of or related to the use of the Site or Service.

     

    1. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provi­sions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

     

    1. NO LICENSE. Nothing contained on the Site should be under­stood as granting you a license to use any of the trademarks, trade names, service marks, or logos owned by Company or by any third party.

     

    1. CALIFORNIA USE ONLY. The Site is controlled and operated by Company from its offices in the State of California. Your use of or access to the Site should not be con­strued as Company’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.

     

    1. Company may, in its sole discretion and with­out prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

     

    1. BY USING THE SERVICE OR ACCESS­ING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

     

By continuing, you are agreeing to the GardenZeus Affiliate Policy, Terms of Use, and Privacy Policy.