INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE FARM & GARDEN SERVICES WEBSITE.
By using this website, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the Farm & Garden website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of our website following the posting of changes to these terms will mean you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All materials contained in the Farm & Garden website are the copyrighted property of Farm & Garden and/or third-party licensors unless otherwise noted. All trademarks, service marks, and trade names are proprietary to their respective owners. No material from the Farm & Garden website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. All trademarks, service marks, trade names, and trade dress are proprietary to their respective owners.
SUBMISSIONS
Farm & Garden encourages electronic submissions but submitters will not be compensated for their submissions without prior written agreement. All electronic submissions will become the property of Farm & Garden and you grant Farm & Garden permission to use your submissions in perpetuity and acknowledge and grant Farm & Garden permission to publish your submission on the Farm & Garden website. Farm & Garden reserves the right refuse all submissions without notification at our sole discretion. Please do not submit pieces that you did not author.
CONTENT LINKED TO/FROM THE FARM & GARDEN WEB SITE
Please exercise discretion while browsing the Internet. You should be aware that when you are on the Farm & Garden website, you could be directed to other sites that are beyond our control. This includes links from advertisers, sponsors, and content partners. These other sites may send their own cookies to users, collect data, solicit personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the Farm & Garden website may send cookies to users that we do not control.
We reserve the right to disable links from third-party sites to the Farm & Garden website.
We make no representations concerning the content of sites we provide links to including our advertisers. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the Farm & Garden website.
DISCLAIMER
THE MATERIALS IN THE FARM & GARDEN WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THE FARM & GARDEN WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE FARM & GARDEN WEBSITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE FARM & GARDEN WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Farm & Garden website. We cannot ensure that you will be satisfied with any products or services advertised or that you purchase from a third-party site we may exchange links with on the Farm & Garden website. We do have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
All search and directory services provided by Farm & Garden are free services offered by us. We explicitly disclaim any responsibility for the content or availability of information contained in our search index or directories.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your User Name and Password, account and for all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees') incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE FARM & GARDEN WEBSITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE FARM & GARDEN WEB SITE.
JURISDICTIONAL ISSUES
Unless otherwise specified, the materials in the Farm & Garden website are presented solely for the purpose of providing information and resources to visitors. Those who choose to access the Farm & Garden website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
TERMINATION
VISITORS: These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Farm & Garden website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Farm & Garden website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Farm & Garden website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
REGISTERED USERS: These terms are effective until terminated by either party. You may terminate these terms at any time by cancelling your account with Farm & Garden and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Farm & Garden website may be terminated immediately without notice from us at our sole discretion. Upon termination, you must destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.
GENERAL PROVISIONS
These terms shall be governed by and construed in accordance with the laws of the State of Vermont in the United States of America without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Washington County, Vermont, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may give notice to our users by means of a general notice on the Farm & Garden website, electronic mail to a user's email address on our records, or by written communication sent by first-class mail to a user's address on our records.
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. See Notice and Procedure for Making Claims of Copyright Infringement.
Notification must be submitted to the following Designated Agent:
- Service Provider: North American Farm & Garden Services (Farm & Garden), a division of Blueberry Publications, Inc.
- Name of Agent Designated to Receive Notification of Claimed Infringement: Valsangiacomo, Detora, & McQuesten, Attn: William B. Field, esq.
- Full Address of Designated Agent to Which Notification Should be Sent: P.O. Box 625, Barre, Vermont 05641
- Telephone Number of Designated Agent: (802) 476-4181
- Facsimile Number of Designated Agent: (802) 476-4184
- EMail Address of Designated Agent: bill@vdmlaw.com
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed; - Identification of the copyrighted work claimed to have been infringed, or 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 the service provider to locate the material; - Information reasonably sufficient to permit the service provider to contact the complaining party, such
as an address, telephone number, and, if available, an electronic mail address at which the complaining
party may be contacted; - 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.