By using the penningtongarden.com website (the "penningtongarden.com service"), you accept and agree to be bound by the following terms and conditions (the "Terms of Service"). Nothing in these Terms of Service should be construed to confer any rights to third-party beneficiaries.
Changes to penningtongarden.com and Terms and Conditions
We reserve the right to modify or terminate the penningtongarden.com service for any reason, and without notice, without liability to you, any other Member or any third party. We also reserve the right to modify these Terms of Service from time to time without notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
Eligibility and Registration
Usage of this site is open to the public. Registration for newsletters is free of charge. Children under the age of 18 must have parental permission. By registering for the penningtongarden.com service, you represent and warrant that you are in compliance and that you have the capacity to understand, agree to and comply with these Terms of Service.
In addition, you must provide true, accurate and complete registration information to be a penningtongarden.com message board member ("Member"). As part of the registration process, you will be asked to select a username and password, and you will be responsible for all activities occurring under your username and keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate as determined by us in our sole discretion.
Appropriate Conduct and Content; Personal Use Only
The penningtongarden.com service is made available for your personal, noncommercial use only. Businesses, organizations or other legal entities may not use the penningtongarden.com service for any purpose.
You may not use the penningtongarden.com service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, audio and video clips, links and other content ("Materials") that you submit, post and display on the penningtongarden.com service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service.
Other examples of illegal or unauthorized uses include, but are not limited to:
While Pennington prohibits such conduct and content on its site, you understand and agree that you nonetheless may be exposed to such Materials and that you use the penningtongarden.com service at your own risk.
Pennington's Proprietary Rights
- modifying, adapting, translating or reverse engineering any portion of the penningtongarden.com service;
- removing any copyright, trademark or other proprietary rights notices contained in or on the penningtongarden.com service;
- using any robot, spider, site search/retrieval application or other device to retrieve or index any portion of the penningtongarden.com service;
- collecting any information about other Members (including usernames and/or email addresses) for unauthorized purposes;
- reformatting or framing any portion of the Web pages that are part of the penningtongarden.com service;
- creating user accounts by automated means or under false or fraudulent pretenses;
- creating or transmitting unwanted electronic communications such as "spam," or chain letters to other Members or otherwise interfering with other Members' enjoyment of the service;
- submitting Materials of any third party without such third party's prior written consent;
- directing any user (for example, by linking) to any Materials of any third party without such third party's prior written consent;
- submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by penningtongarden.com;
- submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party;
- transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- submitting Materials that are unlawful or promote or encourage illegal activity; or submitting false or misleading information.
and its affiliates and licensors own and retain all rights in the penningtongarden.com website and service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by penningtongarden.com, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of penningtongarden.com's proprietary information.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
Disclaimer of Warranties
Pennington and its affiliates, licensors, partners, suppliers, consultants and agents ("Pennington Garden") disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or materials displayed on the penningtongarden.com service. Pennington disclaims any and all responsibility and liability for the conduct of any Member.
THE PENNINGTONGARDEN.COM SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE PENNINGTONGARDEN.COM SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. PENNINGTON EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you. YOU AGREE THAT YOUR USE OF THE PENNINGTONGARDEN.COM SERVICE IS ENTIRELY AT YOUR OWN RISK.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify Pennington from and against any third party claim arising from or in any way related to your use of the penningtongarden.com service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pennington will provide you with written notice of such claim, suit or action.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL PENNINGTON BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE PENNINGTONGARDEN.COM SERVICE, WHETHER OR NOT PENNINGTON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PENNINGTONGARDEN.COM SERVICE, FROM INABILITY TO USE THE PENNINGTONGARDEN.COM SERVICE OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PENNINGTONGARDEN.COM SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES) AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you. UNDER NO CIRCUMSTANCES SHALL PENNINGTON GARDEN BE LIABLE TO YOU FOR ANY AMOUNT.
EVERY ATTEMPT IS MADE BY PENNINGTON TO KEEP ALL PRODUCT INFO AVAILABLE ON PENNINGTONGARDEN.COM ACCURATE AND UP-TO-DATE. SINCE MATERIALS AND CONTENTS OF VARIOUS PRODUCTS MAY BE ALTERED FROM TIME TO TIME, IT IS AT THE DISCRETION OF OUR THIRD-PARTY PROVIDERS TO UPDATE THIS INFORMATION WITH NATURE'S HEAT. UNDER NO CIRCUMSTANCES WILL PENNINGTON OR PENNINGTONGARDEN.COM BE HELD LIABLE FOR INACCURATE REPORTINGS OF PRODUCT CONTENTS.
Term and Termination
These Terms of Service will apply to your use of the penningtongarden.com service. You may terminate your membership immediately at any time, for any reason, by emailing firstname.lastname@example.org
. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Penningtongarden.com service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the county of Morgan. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall Pennington be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, nonperformance of third parties or loss of or fluctuations in heat, light or air conditioning.
These Terms of Service constitute the entire agreement between you and Pennington with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the penningtongarden.com Service, please read the following information for filing or responding to a notice of infringement.
To file a notice of copyright notice with us, please send a written communication by fax or regular mail that sets forth the items specified below. If you are not sure whether certain material of yours is protected by copyright, we suggest that you first contact an attorney.