Terms of Use
TERMS OF USE
Last Updated: June 22, 2011
By using this site, you signify your assent to these Terms of Use. (Note: The use of the word "Terms" also includes the term and concept of "Conditions.") We reserve the right, at our discretion, to modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of this site now or following the posting of changes to these terms will signify that you accept these Terms and/or changes. Your violation of these Terms, at a minimum, will result in your loss of the right to use our site, as we may decide in our absolute discretion.
RESTRICTIONS ON USE OF MATERIALS
All materials on this site, including but not limited to text, images, designs, audio, graphics, logos, software, and the like (collectively called the "Materials"), are owned or licensed by Bunchof Gardeners (called also the "Company") or its content suppliers and protected by U.S. and international laws. All trademarks, service marks, and trade names are proprietary to Bunchof Gardeners . You may not copy, transmit, post, create derivative works from, or republish in any way whatsoever any Materials from our site without the prior written permission of the Company.
DISCLAIMER
This site is provided by Bunchof Gardeners on an “as is” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our site, its information, content, materials, or products. To the full extent permissible by law, we disclaim all warranties, express or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.
We do not warrant that any functions of our site will be uninterrupted or error-free, that defects will be corrected, or that this site or our server(s) are free of viruses. We do not warrant or make any representations regarding the use of the materials on this site as to their accuracy or reliability. You (and not us) assume the cost of all necessary corrections or repair.
LIMITATION OF LIABILITY
Under no circumstances shall Bunchof Gardeners be liable for any claims of negligence or breach, including being liable for any special or consequential damages from the use or inability to use the materials on this site, even if we have been advised of the these possibilities.
We do not conduct background checks or otherwise screen members registering to Bunchof Gardeners in any way. We will not be liable for any damages, direct, indirect, incidental and/or consequential, including but not limited to physical damages, bodily injury or emotional distress, arising out of the use of this site, including, without limitation, damages arising out of your communications with and/or interactions with any other member of Bunchof Gardeners, or any individual you meet via the site.
ONLINE CONDUCT.
Any communication, which you post to our site, is non-confidential, and user agrees to use Bunchof Gardeners only for lawful purposes. You shall not post or publish on our site any content which is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law. If we are notified of any alleged content violation, we may investigate this and decide in our sole discretion whether to remove that content from our site. We may disclose any content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate our Company; and (iii) to protect the rights or property of our Company, its users, or providers.
Bunchof Gardeners reserves the right to prohibit conduct, communication, or content that we deem in our sole discretion to violate any law or be harmful to the rights of any user, our Company, or any third party. Provided, however, we, or our provider(s) are unable to ensure the prompt removal of questionable content after online posting, neither our Company nor any of its officers, employees, or representatives shall assume liability for any action or inaction taken with respect to removing such material from our site.
Our site shall be used only for personal uses consistent with our site's operations. You shall not distribute or otherwise publish any commercial material soliciting or promoting any goods or services.
You may NOT use another BunchOf Gardeners sites' members' information, whether private or not, for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate those who misuse other members' information.
By uploading or submitting any materials to us, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify, and distribute the content worldwide, including the right to use it in other works in any form, media, or technology for the copyright term of this content. Subject to this grant, the content owner retains any and all rights, which may exist in that content.
Any advice, services, or offers that are expressed by you, or made available by third parties, are those of the respective authors—and not of Bunchof Gardeners or any of our officers, employees, or representatives. Neither Company nor any of its representatives guarantee the accuracy, completeness, or appropriateness of any content, opinion, or advice, nor its merchantability or fitness for any particular purpose. Under no circumstances shall we be liable for any loss, damage, or harm caused by a user's reliance on any information obtained through this site. It is the responsibility of each user to independently evaluate the information, advice, or other content found at this site.
THIRD-PARTY SUBMISSIONS
User may upload to or distribute on our site only content that is not subject to any copyright or other proprietary rights protection, or content in which the author has given express authorization for Internet distribution. Any content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, date, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary content is illegal. Neither our Company, it officers, or representatives will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm that arises from user submissions.
PRIVACY POLICY
Bunchof Gardeners collects registration and other information about you through the Platform. Our collection, use and disclosure of this information is governed by the Bunchof Gardeners Privacy Policy available at www.BunchofGardeners/privacy-policy
LINKING FROM AND TO THIS SITE
The site may include links to other sites, including links provided as automated search results. We cannot endorse nor control their content, accuracy, compliance with laws, or accessibility. If you decide to access these linked sites, you do so at your own risk. We do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Any concerns regarding such outside Internet sites, or any link thereto, should be directed to that particular site. You also agree that Bunchof Gardeners shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such sites or resource.
Any link to our site is subject to our approval, conditions, and agreement, as we may decide in our sole discretion. Additionally, any linking, whether it is a hyperlink, use of spiders or robots, or whatever applicable technology, of a commercial, competitive, or offensive nature is strictly prohibited.
SPECIAL NOTE TO INTERNATIONAL USERS
The site is hosted in the United States and intended for U.S. users only. If you are accessing the site from any other region than the United States, with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Site, which are governed by U.S. law and this Terms of Use and Privacy Policy, you are transferring your personal information to the United States and you consent to that transfer.
TERMINATION OF USE
Bunchof Gardeners reserves the right to refuse service, terminate accounts, suspend activity, and/or cancel orders in its sole discretion, including, without limitation, if we believe that any user's conduct violates applicable law, is harmful to another user's interest, or is harmful to the Company's, a third- party's, or a service provider's interests.
USE BY CHILDREN UNDER 13
Bunchof Gardeners cannot prohibit minors from visiting our site. We must rely on the supervision of the responsible parents, guardians, and those responsible for supervising children under 13 years of age to decide which materials are appropriate for children to view and/or purchase.
INDEMNITY
You agree to indemnify, hold harmless, and defend Bunchof Gardeners, our employees, officers, directors, agents, consultants, affiliates and providers from and against all claims, actions, or demands, including reasonable legal fees and court costs, resulting from any breach by you of these Terms of Use or other liability.
OTHER
Any legal dispute arising in connection with these Terms of Use shall be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration, which shall be held in Boston, Massachusetts in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgment may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court.
This site is created and controlled by Bunchof Gardeners in the State of Massachusetts, whose laws will govern these Terms of Use and any legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of Massachusetts and of the United States for any litigation arising out of our site's use and operation, waive any objection to this state on improper jurisdiction and/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum.
If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining ones.
YOU AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing, and/or using our site.