This is the User Agreement ("Agreement") between you and Jardinee.
In this Agreement, "you" and "your" refer to each user of the Site.
1) Your Rights.
Jardinee grants you a non-exclusive, non-transferable, limited right to access to the Site and its services provided that you comply fully with this Agreement. The contents of the Site are only for your personal, non-commercial use. You agree not to interfere with the operation of the Site.
Jardinee may collect applicable sales and/or use tax on sales as required.
All materials available on the Site are owned or controlled by Jardinee or the party credited as the provider of the Content.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Site, including without limitation our product reviews and ratings and those product reviews and ratings posted by other users, for any public and/or commercial use without the prior written permission of Jardinee. You may not download, republish, transmit, reproduce or otherwise use any Site photographs or videos as a stand-alone file.
BY TRANSMITTING ANY COMMUNICATION TO THE SITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
By transmitting any Communication to the Site, you grant Jardinee an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, together with any personal information transmitted with your Communications in all formats and in all media now known or later developed.
You acknowledge and agree that any Communications made to or by means of any Site Tool are public and you have no expectation of privacy in any such Communication. No confidential, fiduciary, contractually implied or other relationship is created between you and Jardinee by reason of your transmitting a Communication to any Site Tool.
Jardinee reserves the right, but has no obligation, to monitor the Site Tools and edit, modify or delete any Communications (or portions thereof) which Jardinee in its sole discretion deems inappropriate, offensive or contrary to any Jardinee policy, or that violate this Agreement.
You agree not to upload or distribute to, or otherwise publish through the Site or the Site Tools, any Communication which would be against the law.
In addition to the grant of rights described above, by transmitting Reviews to the Site, you hereby grant Jardinee the right to use on the Site the user name, identifier, or any portion thereof, and any photograph submitted or otherwise transmitted in connection with such Reviews, if Jardinee so chooses.
You further represent and warrant that (a) the Reviews you submit are either original to you, or all third party rights have been fully cleared for use as contemplated by this Agreement; (b) such Reviews do and will not, in any way, violate or breach any of the terms of this Agreement, and (c) Jardinee shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Reviews.
Jardinee may take any or no action with respect to Reviews submitted to the Site including, without limitation, deleting, editing, modifying, rejecting, or refusing to post such Reviews with no notice and at Jardinee's sole discretion. Jardinee may use your user name, geographical location or other identifier to attribute authorship of Communications to you. Jardinee reserves the right to report information from Reviews to appropriate government agencies in connection with any consumer safety and related concerns.
You hereby waive all rights in your communications with this site to the extent they can be waived. You have no objection to the publication, use, modification, deletion and exploitation of the Communications on the Site in all forms and media and all manners. You forever release Jardinee, its licensees and its successors from any claims that you could otherwise assert against them by any such uses.
Jardinee reserves the right to screen Communications for errors, profanity, and the like. Jardinee can edit, modify, remove or disable access to any content. Jardinee reserves the right to report any activity or persons to appropriate law enforcement officials, regulators, or other appropriate third parties that Jardinee suspects has violated any law or regulation. Jardinee also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Note that health or nutrition-related content is for educational use only and is not a substitute for professional medical advice.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Site, including the Communications, is at your sole risk. Jardinee reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Site, or to deny access to the Site to anyone acting in violation of this User Agreement at any time. You acknowledge and agree that Jardinee is not responsible for any materials posted by users of the Site. Prior to purchasing any third-party products or services described on the Site, you are advised to verify pricing and other information. Neither Jardinee nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Site.
4) Additional Comments.
Please note that when you purchase our products and services or otherwise provide us with any information, you expressly consent to our communicating with you about our products and services using the information you provided to us and acknowledge that we have the authority to contact you via the information you provide. This means we may contact you, in person or by recorded message, e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your telephone or other telecommunications device may be capable of receiving.
You agree to use the Site, the Site Tools and products and services you purchase through our Site, including the Paid Services, only in a noncommercial manner.
You hereby agree to indemnify, defend and hold harmless Jardinee and its Affiliates from and against any and all liability and costs.
In addition to any other rights of the parties set forth herein, Jardinee may cancel or terminate this Agreement at any time. Jardinee also reserves the right to restrict, suspend or terminate your access to the Site, the Paid Services or other subscription or membership-based services without notice. Jardinee reserves the right to refuse to provide access to the Site, the Paid Services or other subscription or membership-based services or any other related services.
Jardinee has the right to modify this Agreement at any time and any policies affecting the Site without notice.
Jardinee has the right to modify, suspend or discontinue the Site at any time without notice or liability.
This Agreement constitutes the entire agreement between you and Jardinee.