Welcome to Regional Gardening, a website designed to provide informational content and affiliate-type articles related to gardening. By accessing or using the website located at www.regionalgardening.com (the “Site”), you agree to be bound by these Terms and Conditions of Use (“Terms”). If you do not agree to these Terms, you may not access or use the Site.
Use Of Site
Regional Gardening grants you a limited, revocable, non-exclusive license to access and use the Site for personal, non-commercial use only. You agree not to modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or products made from the information obtained from the Site.
Use of our site is For Informational Purposes Only.
Intellectual Property
The Site, including but not limited to text, graphics, logos, images, is the property of either Regional Gardening or its content suppliers (under CC licence) and is protected by United States and international copyright and trademark laws. Except as expressly permitted herein (CC0), you may not reproduce, transmit, sell, distribute, or otherwise exploit any content from the Site without the prior written consent of Regional Gardening or content suppliers.
User Content
You may submit content to the Site, including but not limited to comments, feedback, suggestions, and other materials (collectively, “User Content”). You agree that you are solely responsible for your User Content and that Regional Gardening is not responsible or liable for any User Content.
By submitting User Content to the Site, you grant Regional Gardening a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Site and Regional Gardening’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases that are necessary to grant to Regional Gardening the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Regional Gardening’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Links to Third-Party Sites
The Site may contain links to third-party websites or resources. You acknowledge and agree that Regional Gardening is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Regional Gardening of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Disclaimer of Warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. REGIONAL GARDENING DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES
THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. REGIONAL GARDENING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
IN NO EVENT SHALL REGIONAL GARDENING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF REGIONAL GARDENING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Indemnification
You agree to defend, indemnify, and hold harmless Regional Gardening, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Termination
Regional Gardening may terminate or suspend your access to all or part of the Site at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate these Terms, you may discontinue using the Site.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. Any legal suit, action or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in San Francisco County, California.
Miscellaneous
These Terms constitute the entire agreement between you and Regional Gardening with respect to the use of the Site. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible. Failure by Regional Gardening to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Regional Gardening in writing. The section titles in these Terms are for convenience only and have no legal or contractual effect.
