TERMS AND CONDITIONS
Welcome to the www.MargitsGarden.com (the "Site").
2. Products and Services for Personal Use.
The products and services available on the Site are for personal use only. You may not sell or resell any of the products or services you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions. The products and services offered on the Site are subject to the Company's No Refund Policy. Please review the No Refund Policy (below) carefully before making any purchases on the Site.
3. Accuracy of Information.
We attempt to be as accurate as possible when describing our products and services on the Site; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colors, information or other content available on the Site are accurate, complete, reliable, current, or error-free.
4. Intellectual Property.
All information and content available on the Site and its look and feel, including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio clips, data compilations and software, and the compilation and organization thereof (collectively, the "Content") is the property of the Company, its affiliates, partners or licensors, and is protected by United States and international laws, including laws governing copyrights and trademarks.
Except as set forth in the limited licenses in Section 5 below, or as required under applicable law, neither the Content nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without the express, prior written consent of the Company.
5. Limited Licenses.
We grant you a limited, revocable, and non-exclusive license to access and make personal use of the Site. This limited license does not include the right to: (a) frame or utilize framing techniques to enclose the Site or any portion thereof; (b) republish, redistribute, transmit, sell, license or download the Site or any and/or all Content (except caching or as necessary to view the Site); (c) make any use of the Site or any and/or all Content other than personal use; (d) modify, reverse engineer or create any derivative works based upon either the Site or any and/or all Content; (e) collect account information for the benefit of yourself or another party; (f) use any meta tags or any other "hidden text" utilizing any and/or all Content; or (g) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Site or affixed to or contained in the Site.
By submitting content to any public or non-public area of the Site which require uploading comments and images, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right to license (and sub-license) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content nationwide or worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content.
Any unauthorized use by you of the Site or any and/or all of our Content automatically terminates the limited licenses set forth in this Section without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
6. Your Obligations and Responsibilities.
In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You shall not make any change or alteration to the Site or any Content or services that may appear on this Site and shall not impair in any way the integrity or operation of the Site. You shall not browse, use or subscribe to the services offered under the Site without the acceptance of these Terms and Conditions. You may be restricted from certain areas on the Site that contain sensitive or confidential information. You shall not misrepresent yourself on the Site, or submit inaccurate or false information to the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to the Company, its affiliates, partners or licensors.
7. Your Account.
You may choose to create an account at our Site if you are over eighteen (18) years of age. Do not register if you are not over eighteen (18) years of age. If you are over eighteen (18) years of age and do register, you will have an e-mail address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You are responsible for keeping such information current, complete, accurate and truthful. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only current, complete, accurate and truthful information. If you are accessing and using the Site on someone else's behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Site or Content resulting from such access or use.
We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in the Company's best interests to do so.
8. Third Party Links.
We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.
10. User Content.
When you transmit, upload, post, e-mail or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials ("User Content") on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 9 above. This means that all third parties, and not the Company, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of "spam." You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) "stalk" or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that the Company has the right (but not the obligation) in its sole discretion to refuse to post or remove any User Content, and the Company reserves the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, the Company has the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and the Company reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
11. Representations and Warranties; Limitation of Liability.
THE SITE IS PRESENTED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEBSITES; (f) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR, (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00).
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.
You agree to defend, indemnify and hold harmless the Company for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Site or breach of these Terms and Conditions. You also agree to indemnify the Company for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on the Company's infrastructure.
With respect to any dispute regarding the Site, all rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of Maryland, as if the Terms and Conditions were a contract wholly entered into and wholly performed within Maryland. Any dispute relating in any way to your visit to the Site shall be submitted to confidential arbitration in Maryland, under the applicable rules of the American Arbitration Association, and you submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, the Company may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to this Terms and Conditions, whether through class arbitration proceedings or otherwise.
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between the Company and you concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
The Company reserves the right, in its sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. The Company may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between you and the Company. The Company's failure to require your performance of any provision hereof shall not affect its full right to require such performance at any time thereafter, nor shall its waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.
The Company shall not be responsible or liable to you for any action or inaction that may constitute a breach of these Terms and Conditions arising or resulting from circumstances beyond our control, which shall include, but not be limited to, acts of God, perils of the sea or air, fire, flood, draught, explosion, sabotage, accident, embargo, telecommunications and utilities failure, riot, or civil commotion.
If you have any questions regarding these Terms and Conditions, please email the Company at [email protected].
NO REFUND POLICY
The Company has implemented an instant notification system which allows the Content of the Site to be available immediately after paying the membership fee; therefore, the Company has a NO REFUND policy. No exceptions will be made to this Policy, except as otherwise set forth herein.
By subscribing to the paid membership offered on the Site, you explicitly agree to the terms of this no refund policy. If you wish to cancel your membership, it will be discontinued at the end of your currently paid subscription period.
If the information and service are not-as-described, such issues should be reported to us within seven (7) days after the date of the purchase. Clear evidence must be provided to the Company proving that the purchased information and/or service are not as it is described on the Site. The Company will do its best to clarify the information. Complaints or any other user dissatisfaction with the information and/or service provided based on the user's false expectations or wishes shall be deemed frivolous, and the Company shall have no further obligation therefore.
The Company realizes that there may be exceptional circumstances with regard to the character of the service we supply. Therefore, the Company shall use its best efforts to provide assistance for the following reasons:
- Non-delivery of membership benefits resulting from a communications error (i.e., e-mailing issues by the Company's e-mail provider or the Company's mail server). Please be advised that if you do not receive a confirmation e-mail from the Company, then the Company recommends contacting customer service for assistance. Claims for non-delivery must be submitted to us in writing within seven (7) days after the order is placed. Otherwise, access to the Site will be considered received.
- Although all the tools and Site Content are thoroughly tested before becoming available to users, unexpected errors may occur. If you notice any issues please contact customer service. The Company will use its best efforts to rectify the error or defect within seventy-two (72) hours.
The Company shall have no liability or responsibility, monetary or otherwise, to any User with respect to the actual outcome resulting from a User's implementation of a tip, tool, instruction, or method set forth on the Site which has been affected by User error, the unpredictability of the weather, soil conditions, insects, diseases, User knowledge, an act of God or other circumstance out of the Company's direct or indirect control.
The Site was developed to work with readily available internet access programs such as Internet Explorer and Mozilla Foxfire. Please note that the Company shall have no responsibility based on incompatibility of the Site with other third-party software programs (plug-ins, add-ons, modules, search engines, scripts, extensions etc.). The Company does not guarantee that the Site will be fully compatible with ALL third-party internet access programs, and the Company does not provide support for third-party applications.
The one exception to the No Refund Policy will be if the Company believes, in its sole and absolute discretion, that its has failed to fulfill its obligations to you, provided: (i) you have paid your subscription in full and that such funds have been received by the Company, and (ii) you have fully complied with the Terms and Conditions. In such cases, the Company will, at its sole and absolute discretion, refund all or part of the fee paid by you for subscription to the Site within one (1) calendar month of notifying you of its decision to do so.
Refunds will normally be issued on a pro-rata basis based on the number of full calendar months of the subscription remaining from when the refund is determined.
The Company is always eager to assist you and deliver highly professional assistance in a timely manner. If you have questions or concerns, please email the Company at [email protected].
(Note: All capitalized terms and personal pronouns used herein shall have the meanings set forth in the Terms and Conditions).
1. Information We Collect and How We Use It.
You may choose to provide us with personal information when you visit the Site. For example, if you decide to complete a user registration form, complete an online survey, or make a purchase, you may be asked to provide certain information such as your contact information (name, e-mail address, mailing address, and telephone number), age group, gender, and the brands and products you use. If you decide to place an order, the Company will also need to know your delivery and billing address, credit card number and expiration date. To protect your personal information, users registering at the Site must also enter a user name/e-mail address and password. If you would prefer that we not collect any personal information from you, please do not provide us with any such information.
2. Use of Personal Information.
If you so elect, the information you provide may be used by the Company to create and deliver to you e-mails such as our newsletters, surveys or other e-mail messages containing product and event information, gardening tips or promotions ("E-mails"). If you do elect to receive them and later decide that you would no longer like to receive these E-mails, please notify customer service immediately.
3. Information We Share and With Whom We Share It.
The Company will not provide your personal information to third parties for their use in marketing their products or services to you without your consent. In addition, we do not sell or otherwise disclose personal information about the Site visitors. Notwithstanding the foregoing, however, the Company may disclose any information it deems necessary, in its sole discretion, to comply with any applicable law, regulation, legal process or governmental request. In addition, the Company may disclose any information it believes, in its sole and absolute discretion, that such disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with suspected or actual illegal activity.
4. How We Protect Personal Information.
The Company maintains reasonable safeguards for this Site to protect against unauthorized disclosure, use, alteration or destruction of the personal information you provide on the Site. If you have any questions about security at our Site, you can send an e-mail to customer service.
6. Your Choices.
- Updating Your Information. If you would like to update your contact information, you may do so by sending an e-mail to customer service.
- Opt-Out and Managing Your Preferences. You may choose whether or not you would like to receive E-mail from the Company. You may change your preferences with respect to E-mail at any time clicking the "unsubscribe" link at the bottom of each E-mail you receive from the Company, or e-mailing customer service. You may also choose not to receive mail or phone communications by e-mailing customer service and specifying that this is your preference.
The Company has taken great measures to ensure that your visit to the Site is an excellent one and that your privacy is constantly respected. If you have any questions, comments or concerns about our privacy practices, please email the Company at [email protected].