User Agreement

User Agreement and
Acceptable Use Policy

Web Site Agreement


(for this and all sites owned by Gavins Garden.net)


We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site.

We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of Gavin’s Garden.net Web site means that you accept those changes.


THANKS AGAIN FOR VISITING!


This Web Site (the “Site”) is an online information service provided by, and property of Gavin’s Garden.net subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. Gavin’s Garden.net  MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.


  1. 1.Copyright, Licenses and Idea Submissions.


The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Gavin’s Garden.net its affiliates or other third party licensors and/or parties. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, PHOTOGRAPHS, CODE AND/OR SOFTWARE (up to and including, without limitation: text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music, or any other copyrighted intellectual property).

You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that 1) you agree not to change or delete any copyright, trademark, or proprietary notices from the materials 2) you make no modifications to the materials, 3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and 4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission, and/or appropriate license, first. Neither may you add, delete, distort or misrepresent any content on the Gavin’s Garden.net site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited. You agree to grant to Gavin’s Garden.net a non-exclusive, royalty-free, worldwide, perpetual license, (including your release to Gavin’s Garden.net all intellectual and/or moral copyright and license to submitted material and ideas) with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to Gavin’s Garden.net by all means and in any media now known or hereafter developed. You also grant to Gavin’s Garden.net the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against Gavin’s Garden.net for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Gavin’s Garden.net


In plain English: All remarks, suggestions, ideas, graphics, comments, or other information that you send to Gavin’s Garden.net through our sites (other than information we promise to protect under our privacy policy) becomes and remains our property, and that you release any and all intellectual and moral copyright and license to submitted material and ideas to Gavin’s Garden.net, even if this agreement is later terminated. That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our Gavin’s Garden.net mission, without compensating you or anyone else for them. You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.


TRADEMARKS.


Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of Gavin’s Garden.net. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by Gavin’s Garden.net; Gavin’s Garden.net does not operate, control or endorse any information, products or services on the Internet in any way. Except for Gavin’s Garden.net-identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with Gavin’s Garden.net). You also understand that Gavin’s Garden.net cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.


YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. GAVIN’S GARDEN.NET PROVIDES THE SITE AND RELATED INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND GAVIN’S GARDEN.NET SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. GAVIN’S GARDEN.NET DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. GAVIN’S GARDEN.NET HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

**

FOR YOUR PEACE OF MIND, GAVIN’S GARDEN.NET, TO THE EXTENT OF OUR KNOWLEDGE AND TO SUCH EXTENT IS TECHNOLOGICALLY POSSIBLE, WILL MAKE NO DELIBERATE ATTEMPT TO INCLUDE SUCH SEXUALLY EXPLICIT MATERIAL.

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LIMITATION OF LIABILITY

IN NO EVENT WILL GAVIN’S GARDEN.NET BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF GAVIN’S GARDEN.NET OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, GAVIN’S GARDEN.NET LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.


HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY ARE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.


Gavin’s Garden.net makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-Gavin’s Garden.net web site, please understand that it is independent from Gavin’s Garden.net, and that Gavin’s Garden.net has no control over the content on that web site. In addition, a link to a Gavin’s Garden.net web site does not mean that Gavin’s Garden.net endorses or accepts any responsibility for the content, or the use, of such web site.


Links to Other Sites


We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in a Gavin’s Garden.net-operated site or have moved to another site. Gavin’s Garden.net is not responsible for the content or practices of third party sites that may be linked to our site. When Gavin’s Garden.net provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that Gavin’s Garden.net is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any Gavin’s Garden.net site or endorsement, sponsorship or support of Gavin’s Garden.net, including its respective employees, agents or directors.

3. Indemnification.

You agree to indemnify, defend and hold harmless Gavin’s Garden.net, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of Gavin’s Garden.net and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

6. Miscellaneous (Jurisdiction and Other Points to Consider).

This Agreement shall all be governed and construed in accordance with the laws of The State of Texas within The United States of America applicable to agreements made and to be performed in The State of Texas within The United States of America. You agree that any legal action or proceeding between Gavin’s Garden.net and you for any purpose concerning this Agreement or the parties’ obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The State of Texas within The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Gavin’s Garden.net’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Gavin’s Garden.net may assign its rights and duties under this Agreement to any party at any time without notice to you.

To the extent you have in any manner violated or threatened to violate Gavin’s Garden.net, and/or its affiliates’ intellectual property rights, Gavin’s Garden.net, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, USA, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows: If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Taylor County, Texas, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us. If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Taylor County, Texas, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Gavin’s Garden.net may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed. Any rights not expressly granted herein are reserved.

 

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