THE FOLLOWING TERMS of use (the “Terms of Use”) provide rules that apply to use of http://thegoodgarden.com owned by Boxwood LLC (collectively the “Website”). From time to time, Boxwood LLC (referred to below as “we” and “us”) may change the Terms of Use by posting such changes on the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, please do not access or otherwise use the Website.
What we are about – and what we’re not:
The Website features garden history, design inspiration, and other information about gardening, plants, growing practices, design ideas, and reflections on gardens and garden topics from around the world. We don’t endorse any particular garden industry manufacturer or resource and may not have first-hand experience with products or practices discussed. You should conduct your own gardening research before deciding on featured products or practices.
The Website may feature suggestions from or feedback by readers or others. The Website does not expressly endorse these suggestions or affirm any positions or advice being provided. While we regularly monitor content, we are not responsible for offensive comments or forum postings being made on the Website. In addition, we do not endorse or affirm any comment or cannot be responsible for verification of its validity.
Enjoy our Website, but please use your best judgment and common sense while visiting.
Use and Etiquette:
• The Website and its contents are personal, non-commercial use.
• Any comments posted concerning the blog or on the Website are subject to the Terms of Use.
• Comments should display civility. Please respect others and their choices.
• Submissions by users of the Website will be subject to the Terms of Use.
Prohibited uses:
• Any commercial use, distribution, or exploitation of the Website or its content or components is prohibited without our prior express written permission.
• Unauthorized posting or downloading or other unauthorized use of material on the Website may violate copyright and other laws.
• Users of the Website should not post, submit, or otherwise publish anything that is illegal, unlawful, threatening, abusive, harassing, libelous, defamatory, derogatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent.
• Users of the Website may not interfere with the operations of the Website or others’ use and enjoyment of the Website.
• Users of the Website may not encourage criminal conduct or violations of the law which might trigger civil liability.
• Users of the Website may not infringe on the rights of third parties including intellectual property rights and rights of privacy or publicity.
We reserve the right, without notice or liability, to:
• disclose any information relating to the Website as may be necessary to satisfy any legal obligation, applicable law, rule, or regulation, or other lawful requests;
• edit, refuse to display, or remove any comment, posting, or other submitted material which fails to follow the Terms of Use, or which is otherwise objectionable in our sole opinion for any reason; and
• restrict, suspend, or terminate access to the Website in the event of any failure to follow the rules in our Terms of Use or other applicable law.
Proprietary rights:
• We solely and exclusively own all right, title, and interest in and to the Website, including their content, components, and appearance. Users of the Website do not obtain any claim of ownership of our content or components.
• All text, copy, photographs, trademarks, service marks, trade names, and logos (collectively the “Intellectual Property”) displayed on the Website belong to us or are the property of their respective owners, and may not be used without our written permission or the express permission of the respective owner.
• Users of the Website may use for personal, non-commercial purposes an image from any post as long as you (1) index the photographic image back to the original post (i.e. insert a link within each image back to thegoodgarden.com post where it is featured); and (2) provide a linked credit citing thegoodgarden.com.
• Your use of the Website constitutes your acceptance of our Privacy Policy and our Terms of Use.
Materials you submit:
• Users of the Website should not submit any confidential, secret, or proprietary information.
• By posting, submitting, or otherwise providing materials to us, including e-mail communications, you: (i) represent and warrant that you have all rights necessary for the publication, distribution, display, broadcast, and other use of the materials on the Website or under the Terms of Use; (ii) grant us the rights, without payment of any royalty, to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use the materials as we see fit and for any purpose, including on the Website; and (iii) agree that we cannot be responsible for preserving any materials that you provide and may delete or destroy any material at our convenience.
Third Party Website:
The Website may have links to third party websites and third party websites may link to the Website, but we have no responsibility for the information, content, products, services, advertising, components or other materials displayed on or provided by those third party websites.
Indemnification:
You agree to defend, indemnify, protect and hold us (Boxwood LLC) and our representatives, members, affiliates, employees, and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, legal expenses, and disbursements incurred by us, arising in any manner whatsoever from your use of the Website, your submissions through the Website, or your breach or violation of the law or of our Terms of Use.
DISCLAIMER OF WARRANTIES:
THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL OF SERVICES, CONTENT, AND MATERIALS ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL WARRANTIES CONCERNING THE ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOU OR EQUIPMENT YOU ARE USING ON ACCOUNT OF ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE, OR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITE. IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO STOP USING THEM. IN NO EVENT SHALL WE, OR ANY OF OUR REPRESENTATIVES, MEMBERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ITS CONTENT, MATERIALS, AND FUNCTIONS, ANY PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON VIA THE WEBSITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITE.
Termination:
We may terminate, change, suspend, or otherwise alter any aspect of the Website at any time.
Changes to Terms of Use:
We reserve the right, at our sole discretion, to change the Terms of Use at any time. Changes in the Terms of Use will be effective when posted. Subsequent or continued use of the Website will considered acceptance of those changes.
Miscellaneous:
The Terms of Use, and the relationship between users of the Website and us, shall be governed by the laws of the State of Wisconsin, United States of America, without regard to conflicts of law provisions. Users of the Website agree (i) that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in Outagamie County, Wisconsin, United States of America; and (ii) to personal and exclusive jurisdiction of such court. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
These Terms of Use were revised on November 20, 2014.
