Terms of Use
These Terms of Use constitute a binding contract between You and The Generous Garden Project. Your access to and continued use of The Generous Garden Project Web site located at www.generousgarden.org (including any successor site) (the "The Generous Garden Project Site") constitutes Your acceptance, without limitation, of the terms and conditions of these Terms of Use. If You do not agree to be bound by these terms, You may not access or use The Generous Garden Project Site.
Permitted and Prohibited Uses
Permitted Uses. You may access and use such portions of The Generous Garden Project Site for which neither registration nor a fee is required (but not any other portions of The Generous Garden Project Site, including, without limitation, any features and services for which registration is required, such as features and services associated with "The Generous Garden Project Basic" (collectively, "Registration-Based Products"), and any fee-based features or services, such as features and services associated with "The Generous Garden Project Select" and "The Generous Garden Project Premium" (collectively, "Fee-Based Products")) for the following purposes (collectively, "Permitted Uses"):
to learn about gardening, gardening/farming with organic methods, Aquaponics, Vermiculture, Solar Systems and fighting hunger
You may download and print information from the The Generous Garden Project Site in connection with the Permitted Uses. The Generous Garden Project reserves all rights not expressly licensed. If You desire to access or use any Registration-Based Products, You can do so only by agreeing to the User Agreement with respect thereto. If You desire to access or use any Fee-Based Products, You can do so only by agreeing to the License Agreement with respect thereto. Persons or organizations wishing to obtain access to any Fee-Based Products for more than one subscriber must obtain an Enterprise License Agreement.
Prohibited Uses. You may not:
use The Generous Garden Project Site other than as authorized by these Terms of Use;
use The Generous Garden Project Site for the benefit of any third party, other than as part of a Permitted Use;
republish or distribute information from The Generous Garden Project Site (including by posting same on any other Web site);
modify information from The Generous Garden Project Site except in connection with a Permitted Use;
disassemble, decode, decompile, or otherwise reverse engineer the The Generous Garden Project Site, including, without limitation, any interfaces or software programs comprising The Generous Garden Project Site;
take any action that would impede or interfere with the operation of The Generous Garden Project Site or alter the contents of The Generous Garden Project Site, or alter or interfere with any other content, site or software that The Generous Garden Project owns or controls;
directly or indirectly, change, recompile, reframe, rent, sell, distribute or publish any of The Generous Garden Project Site, any database thereon and/or any content thereon, or any portion thereof;
use any data mining, robots or similar data gathering and extraction methods with respect to The Generous Garden Project Site or any portion thereof;
Access to The Generous Garden Project Site
The Generous Garden Project reserves the right, for any reason and without notice, in its sole discretion, to terminate, change, suspend, or interrupt access, in whole or in part, to The Generous Garden Project Site. The Generous Garden Project further reserves the right to impose registration, password and other security precautions on access to and use of The Generous Garden Project Site.
Privacy Policy
You agree to the terms of our Privacy Policy, which is incorporated by reference.
Legal Notices and Proprietary Rights
You acknowledge and agree to the terms of The Generous Garden Project's Legal Notices, which are incorporated by reference. You agree not to take any action that would infringe, misappropriate, or violate The Generous Garden Project's intellectual property interests.
You agree not to upload or otherwise place any information on The Generous Garden Project Site that would infringe or otherwise violate anyone's intellectual property interests or other rights, or that is false, misleading, defamatory, or otherwise contrary to law or regulation.
ACCURACY AND WARRANTY DISCLAIMERS
The Generous Garden Project does not warrant or guarantee the accuracy, quality, completeness, currency, or validity of any information on the The Generous Garden Project Site (including, without limitation, any database accessible via The Generous Garden Project Site and its content) or linked from The Generous Garden Project Site.
Due to, among other things, the possibility of human and/or mechanical error, The Generous Garden Project shall not be responsible for any errors or omissions on The Generous Garden Project Site. The Generous Garden Project makes no representations as to the accuracy or integrity of the information contained therein, including, without limitation, any content thereon. The Generous Garden Project shall not be liable for any damages of any kind incurred as a result of the information posted on The Generous Garden Project Site including, without limitation, any content thereon.
THE GENEROUS GARDEN PROJECT MAKES NO WARRANTY THAT THE GENEROUS GARDEN PROJECT SITE IS BUG FREE OR ERROR FREE, THAT SAME WILL OPERATE WITHOUT ANY INTERRUPTION, OR THAT USE OF SAME WILL RESULT IN ANY PARTICULAR RESULTS. THERE ARE NO WARRANTIES AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY INFORMATION OR AGAINST INFRINGEMENT. THE GENEROUS GARDEN PROJECT SITE IS PROVIDED "AS IS" AND "WITH ALL FAULTS." THE GENEROUS GARDEN PROJECT HAS MADE AND MAKES NO OTHER WARRANTIES, AND IT DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS OR WARRANTIES RELATING TO NONINFRINGEMENT, NONINTERFERENCE, ACCURACY, MERCHANTABILITY, TIMELINESS, PERFORMANCE, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT ANY INFORMATION, EFFORTS, SERVICES OR SYSTEM PROVIDED BY THE GENEROUS GARDEN PROJECT WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THE GENEROUS GARDEN PROJECT MAKES NO REPRESENTATIONS OR WARRANTIES ON BEHALF OF ITSELF WITH RESPECT TO THIRD PARTY SOFTWARE OR EQUIPMENT AND EXPRESSLY EXCLUDES ANY AND ALL LIABILITY ARISING FROM OR RELATING TO A THIRD PARTY'S SOFTWARE AND/OR EQUIPMENT.
LIMITATIONS ON LIABILITY; INDEMNITY
IN NO EVENT SHALL THE GENEROUS GARDEN PROJECT (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS) HAVE LIABILITY FOR PUNITIVE, EXEMPLARY, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST BUSINESS, LOST PROFITS, OR LOST DATA) ARISING IN CONNECTION WITH THESE TERMS OF USE, THE GENEROUS GARDEN PROJECT SITE, ANY DATABASE OR CONTENT THEREON OR THE USE OR INABILITY TO USE THE GENEROUS GARDEN PROJECT SITE, OR ANY DATABASE OR CONTENT THEREON, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES ARE CLAIMED OR REGARDLESS OF WHETHER THE GENEROUS GARDEN PROJECT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. NOT ALL STATE LAWS ALLOW SUCH LIMITATIONS, AND YOUR RIGHTS MAY VARY.
You agree to indemnify, defend and hold harmless The Generous Garden Project, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, licensors, partners, joint venturers, customers and any other person or entity involved in the creation, production and/or distribution of the The Generous Garden Project Site, from and against any and all claims, liabilities, costs and expenses (including, without limitation, attorneys' fees and expenses) incurred in connection with or arising from any breach by You of these Terms of Use or resulting in connection with or arising from Your use of The Generous Garden Project Site.
Termination; Equitable Remedies
The Generous Garden Project may terminate these Terms of Use (including Your rights hereunder) at any time, with or without notice and with or without cause. Terms of these Terms of Use that, by their nature, survive the termination or expiration of these Terms of Use, shall so survive.
You acknowledge and agree that any unauthorized use or disclosure by You of The Generous Garden Project Site or any infringement or violation of The Generous Garden Project's intellectual property rights, shall cause The Generous Garden Project irreparable injury for which The Generous Garden Project could not be fully compensated by money damages. You agree that, in the event of such a violation, The Generous Garden Project would be entitled to seek and recover (in addition to any other available remedies) preliminary and permanent injunctive relief without the necessity of posting bond or security, and further that The Generous Garden Project would be entitled to recover from You its attorneys' fees and costs incurred in seeking and obtaining such relief.
Force Majeure
The Generous Garden Project shall have no liability whatever for delays or interruptions in delivery or accessibility of any of The Generous Garden Project Site, interruptions of service or other breach of these Terms of Use due to fire, explosion, lightning, power surge or failure, water, acts of God, war, civil disturbance, terrorism, acts or omissions of communications carriers, or other causes beyond The Generous Garden Project's reasonable control.
Dispute Resolution
These Terms of Use shall be governed and construed by the laws of South Carolina, without regard to its choice of law rules. You agree that, by entering into these Terms of Use and accessing and/or using The Generous Garden Project Site, Any legal or equitable action arising from these Terms of Use or in connection with The Generous Garden Project Site shall be commenced and maintained in a court of competent subject matter jurisdiction within the South Carolina, and You consent to personal jurisdiction and venue in any such court. In the event it is held that jurisdiction or venue is wanting in such a court, an action then may be commenced in any other court having proper jurisdiction under applicable statutes and court rules. In the event of any dispute adjudicated between the parties, whether in litigation or permitted appeal, the prevailing party shall be entitled to recover from the party not prevailing its reasonable attorneys' fees and costs incurred in such proceeding. The parties agree that neither may bring a claim or assert a cause of action against the other, in any forum or manner, more than one (1) year after the cause of action accrued, except where the party could not have reasonably discovered the wrong giving rise to the claim within the basic facts supporting the claim within one (1) year.
Modification of These Terms of Use
The Generous Garden Project reserves the right, in its sole discretion, to modify, alter, or otherwise revise these Terms of Use (as well as its User Agreement, the License Agreements to our Fee-Based Products and the Legal Notices and Privacy Policy referenced in these Terms of Use) at any time by posting such modified versions on the The Generous Garden Project Site. You agree to monitor regularly these Terms of Use as they appear on the The Generous Garden Project Site. Your continued use of the The Generous Garden Project Site after the posting of any modified versions shall constitute agreement to these Terms of Use. These Terms of Use may be modified by Your agreement to any User Agreement and/or a License Agreement or License Agreements to one or more of our Fee-Based Products. These Terms of Use may not otherwise be modified or amended.
Notices
Except as is stated herein to the contrary, any notices to The Generous Garden Project must be given by postal mail sent to The Generous Garden Project's headquarters as then listed on The Generous Garden Project Site. Any notices to You will be sent to the e-mail address that You provide to The Generous Garden Project.
Severability
Should any term of these Terms of Use be finally held by a court of competent jurisdiction to be invalid, unenforceable, void, or otherwise contrary to law or equity, The Generous Garden Project and You agree that such provision shall be automatically severed and the remainder of these Terms of Use that can be given effect shall continue to be given effect.
Entire Agreement
Subject to the following sentence, these Terms of Use constitute the entire agreement between The Generous Garden Project and You with respect to the subject matter of these Terms of Use, and supersede all prior agreements, understandings or representations between You and The Generous Garden Project with respect to the subject matter of these Terms of Use. These Terms of Use do not supersede or alter any User Agreement and/or License Agreement to one or more of our Fee-Based Products; and You must comply with the terms of these Terms of Use and each such other agreement to which You have agreed or may agree in the future. In the event of a conflict between these Terms of Use and any such other agreement to which you have agreed or in the future agree, the terms of such other agreement shall control. These Terms of Use may not be modified except in writing and as is permitted herein.