PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
A. Content of Messages.
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the ToGoGarden.com Website, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the ToGoGarden.com Website that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. TOGOGARDEN.COM assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the ToGoGarden.com Website. TOGOGARDEN.COM further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the ToGoGarden.com Website to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the ToGoGarden.com Website, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by TOGOGARDEN.COM in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the ToGoGarden.com Website. TOGOGARDEN.COM reserves the right to delete any such material from the ToGoGarden.com Website. TOGOGARDEN.COM will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TOGOGARDEN.COM. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the ToGoGarden.com Website to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the ToGoGarden.com Website is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the ToGoGarden.com Website, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that TOGOGARDEN.COM may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any "public area" of the ToGoGarden.com Website, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant TOGOGARDEN.COM a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the ToGoGarden.com Website retains any and all Rights that may exist in such content.
TOGOGARDEN.COM is not obligated to review content posted by users prior to the content's posting to any area of the ToGoGarden.com Website, including any private profile. Content posted by any user to the ToGoGarden.com Website does not reflect the opinions or views of TOGOGARDEN.COM, its parent, subsidiaries or affiliates. TOGOGARDEN.COM makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other ToGoGarden.com members through any ToGoGarden.com service provided by TOGOGARDEN.COM.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE TOGOGARDEN.COM WEBSITE, YOU HEREBY EXPRESSLY PERMIT TOGOGARDEN.COM TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY TOGOGARDEN.COM S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
The ToGoGarden.com Website, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the ToGoGarden.com Website are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by TOGOGARDEN.COM in writing. Illegal and/or unauthorized use of the ToGoGarden.com Website, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ToGoGarden.com Website is prohibited. In furtherance thereof, you agree that you will not use the ToGoGarden.com Website for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
C. ToGoGarden.com Social Networking
The ToGoGarden.com Social Networking service allows members to create unique personal and business profiles, communicate and share materials with other ToGoGarden.com Website members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another's account without permission. If you become aware of any misuse of the ToGoGarden.com Website by any person, please contact TOGOGARDEN.COM by clicking the "Contact Us" link located throughout the ToGoGarden.com Website at the bottom of every page.
You may order services or merchandise through the To Go Garden.com Website from other persons not affiliated with TOGOGARDEN.COM ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. TOGOGARDEN.COM makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider TOGOGARDEN.COM nor will TOGOGARDEN.COM be construed as a party to such transactions, whether or not TOGOGARDEN.COM may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
TOGOGARDEN.COM may include special routing icons which may be located within the, the activation of which will allow you to access and learn more about TOGOGARDEN.COM and other services provided by TOGOGARDEN.COM whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
YOU EXPRESSLY AGREE THAT USE OF THE TOGOGARDEN.COM WEBSITE, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE TOGOGARDEN.COM WEBSITE, IS AT YOUR SOLE RISK. THE TOGOGARDEN.COM WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TOGOGARDEN.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
TOGOGARDEN.COM MAKES NO WARRANTY THAT THE TOGOGARDEN.COM WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE TOGOGARDEN.COM WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES TOGOGARDEN.COM MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE TOGOGARDEN.COM WEBSITE. TOGOGARDEN.COM WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE TOGOGARDEN.COM WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TOGOGARDEN.COM WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT TOGOGARDEN.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE TOGOGARDEN.COM WEBSITE. TOGOGARDEN.COM IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TOGOGARDEN.COM NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE TOGOGARDEN.COM WEBSITE, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. TOGOGARDEN.COM ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
TOGOGARDEN.COM SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE TOGOGARDEN.COM WEBSITE, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE TOGOGARDEN.COM WEBSITE IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOGOGARDEN.COM OR THROUGH THE TOGOGARDEN.COM WEBSITE, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
TOGOGARDEN.COM MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE TOGOGARDEN.COM WEBSITE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE TOGOGARDEN.COM WEBSITE.
TOGOGARDEN.COM IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE TOGOGARDEN.COM WEBSITE. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH TOGOGARDEN.COM MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST TOGOGARDEN.COM WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, TOGOGARDEN.COM MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. TOGOGARDEN.COM SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE TOGOGARDEN.COM WEBSITE, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY TOGOGARDEN.COM AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE TOGOGARDEN.COM WEBSITE, YOU WAIVE ANY CLAIMS AGAINST TOGOGARDEN.COM FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
TOGOGARDEN.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE TOGOGARDEN.COM WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE TOGOGARDEN.COM WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF TOGOGARDEN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TOGOGARDEN.COM and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. TOGOGARDEN.COM makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither TOGOGARDEN.COM nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of TOGOGARDEN.COM, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ToGoGarden.com Website, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Nevada, without giving effect to its conflicts of laws provisions. By registering for or entering the ToGoGarden.com Website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in Carson City, Nevada.
In the event that TOGOGARDEN.COM determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the ToGoGarden.com Website, TOGOGARDEN.COM reserves the right to (i) delete any or all content provided by you or your agent(s) to The ToGoGarden.com Website; (ii) discontinue your registration(s) with the ToGoGarden.com Website, and/or any other TOGOGARDEN.COM community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the ToGoGarden.com Website; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which TOGOGARDEN.COM deems to be appropriate.
If your registration(s) with or ability to access the ToGoGarden.com Website, any other TOGOGARDEN.COM community and/or any other service, product, content, course, event, tool or digital product provided to you by TOGOGARDEN.COM is discontinued by TOGOGARDEN.COM due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the ToGoGarden.com Website, then you agree that you shall not attempt to re-register with or access the ToGoGarden.com Website, any other TOGOGARDEN.COM community and/or any other digital product, course content or service provided by TOGOGARDEN.COM, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, TOGOGARDEN.COM reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
Do not use or interact with any health-related content (the "Health Content") on the ToGoGarden.com Website if you do not agree to all of these Terms.
Never eat any plant deemed "editable" by any member anywhere ever if you do not agree to all of these Terms.
Not Medical Advice. The Health Content is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use Of Health Content. The Health Content is protected by copyright under United States and foreign laws. Title to the Health Content remains with TOGOGARDEN.COM and its Licensors or its suppliers. Any use of the Health Content not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to TOGOGARDEN.COM, its Licensors and its suppliers.
Limitation of Liability. The use of the Health Content is at your own risk. The Health Content (including this information and any software) is provided on an "as is" basis. TOGOGARDEN.COM, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, TOGOGARDEN.COM, its Licensors and its suppliers also make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. In no event shall TOGOGARDEN.COM, its Licensors or its suppliers, or any third parties mentioned in the Health Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If for any reason the liability limitation is deemed invalid, TOGOGARDEN.COM, its licensors, its suppliers, or any third parties mentioned in the Health Content shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. No waiver of any of these Terms shall be deemed a further or continuing waiver.
Indemnity. You agree to defend, indemnify, and hold GARDENALITY.COM, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the Health Content. All of the Health Content is intended for use and access within the United States. If you access the Health Content from outside the United States, you do so at your own risk and are responsible to comply with the laws of your jurisdiction.
Claims. Any claims arising from your use of the Health Content must be brought within one (1) year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
TOGOGARDEN.COM may assign its rights and obligations under these Terms of Service and upon such assignment TOGOGARDEN.COM may be relieved of any further obligation hereunder.
You represent to TOGOGARDEN.COM that you have the authority to register with or visit the ToGoGarden.com Website according to these Terms of Service. TOGOGARDEN.COM does not encourage or solicit visitors who are known to be under the age of 18 and does not permit anyone under the age of 13 to become a member of the ToGoGarden.com Website.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of TOGOGARDEN.COM, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
TOGOGARDEN.COM reserves the right to terminate free access to the ToGoGarden.com Website including any or all content, services, digital products, products, events, courses or tools with or without notice to you. TOGOGARDEN.COM reserves the right (at TOGOGARDEN.COMS discretion) to provide you with notice of such change by prominently posting a notice on the ToGoGarden.com Website and/or sending written notice to you at any e-mail and/or post office address you have provided to TOGOGARDEN.COM. Once free access is terminated TOGOGARDEN.COM may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the ToGoGarden.com Website and/or any for-pay content, services, digital products, products, events, tools or products.