Terms and Conditions
Agreement Between User and therelaxedgardener.com
Welcome to therelaxedgardener.com. The therelaxedgardener.com website (the "Site") is comprised of various web pages operated by The Relaxed Gardener. therelaxedgardener.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). If you want to view or use therelaxedgardener.com, you must agree to conform to and be legally bound by the terms and conditions described below. If you disagree with any of these terms or conditions, do not use our website. Your use of therelaxedgardener.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Visiting therelaxedgardener.com or sending emails to The Relaxed Gardener constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that The Relaxed Gardener is not responsible for third party access to your account that results from theft or misappropriation of your account. The Relaxed Gardener and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Our Website's Anti-Spam Policy Is Part Of These Terms And Conditions
Our website's Anti-Spam Policy is part of, and subject to, these terms and conditions of use. You may view our Anti-Spam Policy here.
Our Website's External Links Policy Is Part Of These Terms And Conditions
Our website's External Links Policy is part of, and subject to, these terms and conditions of use. You may view our External Links Policy here.
Video and Audio Content
This website (therelaxedgardener.com) may contain one or more videos and/or audio recordings (individually and collective hereinafter referred to as the Recordings). This section describes our respective rights and responsibilities with regard to the Recordings.
Recordings Are For Entertainment And Informational Purposes Only
All Recordings are to be watched and/or listened to for informational and entertainment purposes only. Recordings are not intended to provide specific legal, financial, tax, physical or mental health advice, or any other advice whatsoever to you, any other individual or company, and should not be relied upon in that regard. Any products or services described in the Recordings are only offered in jurisdictions where they may be legally offered. Information provided in Recordings is not all-inclusive, is limited to information that is made available, and such information should not be relied upon as all-inclusive or accurate.
Embedded Recordings From External Social Media Sites Not Owned By Us
Some of the Recordings embedded for your viewing and listening pleasure are hosted on social media websites not owned by us. This may include, but is not limited to, sites such as YouTube.com (individually and collectively, the ìThird Party Social Media Sitesî). We make no claim to the intellectual property rights of the owners of Third Party Social Media Sites. We also make no claim to the intellectual property rights of third party creators of Recordings hosted on Third Party Social Media Sites. Our embedding of such Recordings on this website is done pursuant to applicable licenses to do so granted by the Third Party Social Media Sites. Embedding Recordings on this website does not create an association, agency, joint venture, or partnership between us and the owners of the Third Party Social Media Sites or impose any liability attributable to such a relationship upon either party. Recordings are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that Third Party Social Media Sites may track your viewing and listening habits. If Recordings embedded on this website were created by us but are hosted on Third Party Social Media Sites, we retain all intellectual property rights for such Recordings except to the extent we granted a license to Third Party Social Media Sites to the Recordings. The hosting of these Recordings by Third Party Social Media Sites does not grant you any rights to such Recordings except to the extent provided under the applicable licenses those sites grant to viewers and listeners of Recordings they host on their websites.
Embedded Recordings Owned By Us And Hosted On Our Servers Or Third Party Servers Excluding Third Party Social Media Sites
Some of the Recordings embedded for your viewing and listening pleasure may be created by us and hosted on our servers or third party servers. This may include, but is not limited to cloud hosting services from Amazon.com or others but excludes the Third Party Social Media Sites described above. We own the copyrights and all other intellectual property rights for these Recordings unless otherwise expressly noted. We make no claim to the intellectual property rights of the owners of third party servers who by contractual agreement are hosting our Recordings for us. Hosting our Recordings on third party servers does not create an association, agency, joint venture, or partnership between us and the owners of those servers, or impose any liability attributable to such a relationship upon either party. Recordings only provided for your convenience. We do not guarantee the accuracy, completeness, relevance, or timeliness of any information contained in the Recordings. You should know that we and/or the owners of third party servers hosting the Recordings may track your viewing and/or listening habits.
Personal Non-Exclusive Revocable Nontransferable License
When you watch or listen to the Recordings on this website, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so. The Recordings remain the sole and exclusive property of their respective owners, which retain all rights thereto. You understand and agree that the Recordings may not be resold by you or otherwise distributed with or without consideration. You will not make the Recordings available to any third party. You may not reproduce or summarize any of the Recordings in any manner. You agree to destroy any of the Recordings cached on your computer or otherwise in your possession within 24 hours of watching or listening to said Recordings. Notwithstanding this provision, you agree to immediately destroy any Recordings in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
Broken Or Obsolete Recordings
We review our website periodically for broken or out-of-date Recordings. Any and all Recordings may be posted, altered, or removed at any time. To report problems with Recordings on our website, or for more information, please send an email to support[at]The Relaxed Gardener.com.
You understand and agree that your use of our website is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice.
All content on our website is owned by us or our content suppliers. On behalf of ourselves and our content suppliers, we claim all property rights, including intellectual property rights, for this content and you are not allowed to infringe upon those rights. We will prosecute to the fullest extent of the law anyone who attempts to steal our property. You agree not to copy content from our website without our permission. Any requests to use our content should be submitted to us by email to support[at]The Relaxed Gardener.com. If you believe that your intellectual property rights have been infringed upon by our website content, please notify us by sending an email to support[at]The Relaxed Gardener.com, or by sending postal mail to us at the address listed below. Please describe in detail the alleged infringement, including the factual and legal basis for your claim of ownership. For copyright infringement issues, please follow the instructions in the DMCA Notice found below on this web page.
Disclaimers And Limitations Of Liability
THE INFORMATION ON OUR WEBSITE IS PROVIDED ON AN AS IS, AS AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE WILL ALWAYS BE AVAILABLE, ACCESS WILL BE UNINTERRUPTED, BE ERROR-FREE, MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN OUR WEBSITE WILL BE CORRECTED. INFORMATION ON OUR WEBSITE SHOULD NOT NECESSARILY BE RELIED UPON AND SHOULD NEVER BE CONSTRUED TO BE PROFESSIONAL ADVICE FROM US. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. IF YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO OUR WEBSITE, YOUR WEBSITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO OUR WEBSITE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US OR OUR AFFILIATES (IF ANY). ANY SUCH CLAIM SHALL BE SUBJECT TO CONFIDENTIAL BINDING ARBITRATION AS DESCRIBED LATER IN THIS DOCUMENT.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. The Relaxed Gardener has no obligation to monitor the Communication Services. However, The Relaxed Gardener reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Relaxed Gardener reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. The Relaxed Gardener reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in The Relaxed Gardener's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. The Relaxed Gardener does not control or endorse the content, messages or information found in any Communication Service and, therefore, The Relaxed Gardener specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized The Relaxed Gardener spokespersons, and their views do not necessarily reflect those of The Relaxed Gardener. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to therelaxedgardener.com or Posted on any The Relaxed Gardener Web Page
The Relaxed Gardener does not claim ownership of the materials you provide to therelaxedgardener.com (including feedback and suggestions) or post, upload, input or submit to any The Relaxed Gardener Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting The Relaxed Gardener, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. The Relaxed Gardener is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in The Relaxed Gardener's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Cyber-Bullying and Internet Harassment
Obscene and Offensive Content
We are not responsible for any obscene or offensive content that you receive or view from others while using our website. However, if you do receive or view such content, please contact us by email to support[at]The Relaxed Gardener.com so that we can investigate the matter. Although we are not obligated to do so, we reserve the right to monitor, investigate, and remove obscene or offensive material posted to our website.
Without our express prior written permission, you shall not use our Website to promote, market, or advertise directly or indirectly on behalf of any business opportunity covered by the U.S. Federal Trade Commission's Business Opportunity Rule, 16 C.F.R. ß 437.1 et seq. (as amended). This includes, but is not limited to, comments, messages, and signature tag lines promoting a business opportunity. If you violate this provision, as determined in our sole discretion, we reserve the right to unilaterally suspend or ban your use of our Website immediately with or without notice to you, and to remove all offending content from our Website.
The Service is controlled, operated and administered by The Relaxed Gardener from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the The Relaxed Gardener Content accessed through therelaxedgardener.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You understand and agree that you will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense, including reasonable attorney's fees, arising from your use of our website or your violation of these terms, conditions, and policies.
Compliance With Governing Law And Dispute Resolution
You agree to obey all applicable laws while using our website. You agree that the laws of Pennsylvania govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Chester County, Pennsylvania, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own lawyer fees.
Termination/Access Restriction The Relaxed Gardener reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Pennsylvania and you hereby consent to the exclusive jurisdiction and venue of courts in Pennsylvania in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Relaxed Gardener as a result of this agreement or use of the Site. The Relaxed Gardener's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of The Relaxed Gardener's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by The Relaxed Gardener with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Severability Of These Terms, Conditions, and Policies
If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.
How To Contact Us
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email to support[at]therelaxedgardener.com, and providing us with information relating to your concern. You may also mail your concerns to us at the following address: The Relaxed Gardener 471 Fairview Chapel Road Birdsboro, PA 19508 USA
Unless otherwise specified herein, this agreement, including the policies incorporated within, constitutes the entire agreement between the user and The Relaxed Gardener with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and The Relaxed Gardener with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.