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EFFECTIVE DATE: JANUARY 1, 2006
following websites: Where referred to in this agreement in either singular or plural form, usagardener.com implies and includes the following websites.
The "usagardener.com Website" is the website operated by
usagardener.com, including its affiliates and subsidiaries
("usagardener.com") on the World Wide Web of the Internet,
consisting of information and content provided by usagardener.com,
affiliates of usagardener.com and other third parties.
described herein shall govern any and all uses hereof by any and all Users.
usagardener.com Website by User.
By using usagardener.com Website (other than to read this Terms
of Use for the first time), User agrees to comply with all of the terms and conditions hereof.
The right to use usagardener.com Website is personal to User and is not
transferable to any other person or entity. User shall be responsible for protecting
the confidentiality of User's password(s), if any.
usagardener.com shall have the right at any time to change or
discontinue any aspect or feature of usagardener.com Website,
including, but not limited to, content, hours of availability, and equipment
needed for access or use. By submitting information about a User or a User's
business, the User agrees and consents to usagardener.com's
usagardener.com Website contains and/or links to copyrighted material, trademarks and
other proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound, and the entire contents of usagardener.com Website
are copyrighted as a collective work under Canadian and United States, and world copyright laws.
usagardener.com Website owns a copyright in the selection, coordination,
arrangement and enhancement of such content, as well as in the content original to it.
User may not modify, publish, transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the content, in whole or in part.
User may download copyrighted material for User's PERSONAL use only. Except as
otherwise expressly permitted under copyright law, no copying, redistribution,
retransmission, publication or commercial exploitation of downloaded material
will be permitted without the express permission of usagardener.com Website and the copyright owner. In the event of any permitted copying,
redistribution or publication of copyrighted material, no changes in or deletion
of author attribution, trademark legend or copyright notice shall be made.
User acknowledges that it does not acquire any ownership rights by downloading
User shall not upload, post or otherwise make available on usagardener.com
Website any material protected by copyright, trademark or other proprietary right without
the express permission of the owner of the copyright, trademark or other proprietary right
and the burden of determining that any material is not protected by copyright rests with User.
User shall be solely liable for any damage resulting from any infringement of copyrights,
proprietary rights, or any other harm resulting from such a submission.
By submitting material to any public area of usagardener.com Website,
User automatically grants, or warrants that the owner of such material has expressly
granted usagardener.com Website the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and
distribute such material (in whole or in part) worldwide and/or to incorporate it in other
works in any form, media or Technology now known or hereafter developed for the full term
of any copyright that may exist in such material. User also permits any other User to access,
view, store or reproduce the material for that User's personal use. User hereby grants
usagardener.com the rights to edit, copy, publish and distribute any
material made available on usagardener.com Website by User - excluding user email address.
The foregoing provisions are for the benefit of usagardener.com, its
subsidiaries, affiliates and its third party content providers and licensors and each
shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY-LIMITATION OF LIABILITY
USER EXPRESSLY AGREES THAT USE OF usagardener.com WEBSITE IS AT USER'S SOLE RISK.
NEITHER usagardener.com WEBSITE, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE
EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT
usagardener.com WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF
usagardener.com WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT
OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH usagardener.com WEBSITE.
usagardener.com WEBSITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED
BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE
TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR
TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY
ACKNOWLEDGES THAT usagardener.com WEBSITE IS NOT LIABLE FOR THE DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF
INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL usagardener.com, OR ANY PERSON OR ENTITY INVOLVED IN CREATING,
PRODUCING OR DISTRIBUTING usagardener.com WEBSITE OR usagardener.com
WEBSITE SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY
TO USE usagardener.com WEBSITE. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS
OF THIS SECTION SHALL APPLY TO ALL CONTENT ON usagardener.com WEBSITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, usagardener.com,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS
OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN,
OR UN-TIMELINESS OR UN-AUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
usagardener.com WEBSITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THERE FROM OR OCCASIONED THEREBY.
NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE,
INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. PRIOR TO THE
EXECUTION OF A STOCK TRADE, USERS ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL
REPRESENTATIVE TO VERIFY PRICING OR OTHER INFORMATION. usagardener.com,
ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO LIABILITY FOR
INVESTMENT DECISIONS BASED ON THE INFORMATION PROVIDED. usagardener.com
DOES NOT, NEITHER DIRECTLY NOR ON BEHALF OF ITS AFFILIATES, INFORMATION PROVIDERS OR
CONTENT PARTNERS WARRANT NOR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, SECURITY,
QUALITY, SYSTEM INTEGRATION, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
User agrees to defend, indemnify and hold harmless usagardener.com,
its affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of the
use of usagardener.com Website by User or User's Account.
usagardener.com design logo and screening are
copyright of usagardener.com and its owners. All rights reserved. All other copyright material and trademarks
appearing on usagardener.com Website are the property of their respective owners.
established by usagardener.com constitute the entire agreement of the
parties with respect to the subject matter hereof, and supersede all previous written
or oral agreements between the parties with respect to such subject matter. This Terms
of Use shall be construed in accordance with the laws of Canada and Province of British Columbia,
Canada, without regard to its conflict of laws rules. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent
breach or default. The section headings used herein are for convenience only and shall
adjudicated exclusively in the courts of Canada and/or Province of British Columbia, Canada
be invalid or unenforceable will be replaced with language reflecting the original
purpose in a valid and enforceable manner. The enforceable sections of these Terms
of Use will remain binding upon the parties.
THIRD PARTY SITES
usagardener.com Website may provide Users with links to third-party
Internet sites. Users assume full responsibility when they choose to follow any links on
usagardener.com Website that lead to third-party sites. usagardener.com
takes no responsibility for the content of or for transactions involving third-party sites to
which it links. The inclusion of a link to a site does not necessarily imply endorsement
usagardener.com and its owners, respects the rights of all copyright holders and in this regard,
usagardener.com Website has adopted and implemented a policy that provides for
the termination in appropriate circumstances of subscribers and account holders who infringe
the rights of copyright holders. If you believe that your work has been copied in a way that
constitutes copyright infringement, please provide usagardener.com's
Copyright Agent the following information required by the Online Copyright Infringement
Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512: A physical
or electronic signature of a person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; Identification of the copyright work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site; Identification of the material
that is claimed to be infringing or to be the subject of infringing activity and that is to be
removed or access to which is to be disabled, and information reasonably sufficient to permit
us to locate the material; Information reasonably sufficient to permit us to contact the
A statement that the complaining party has a good-faith belief that use of the material in
the manner complained of is not authorized by the copyright owner, its agent, or the law;
and A statement that the information in the notification is accurate, and under penalty of
perjury, that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
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All other Trademarks and various product images are Copyright© of
their respective owners.