Terms of Service

Botaniworld, LLC

Table of Contents

1) Site legal terms of use
2) General
3) Use of Site, Service or products
4) Communications with Botaniworld
5) User registration and accounts
6) Refunds
7) No Warranties; limitation of liability
8) Indemnity
9) Class action waiver
10) Copyrights
11) User-Generated Content
12) Feedback
13) Trademarks
14) Third party sites
15) Termination
16) Privacy
17) How to contact us

 

1) Site legal terms of use
Welcome to gardentutor.com (the “Site”), a how-to-garden educational Website that is owned and operated by Botaniworld, LLC (“Botaniworld,” “We,” “Us,” or “Our”). The Site and any services made available to you on this Site (collectively, the “Service”) are offered to you by Botaniworld subject to the following terms (the “Terms”). If you access and use the Site, you accept and agree to be bound by and comply with the Terms. If you do not accept the Terms, you may not use the Site. Botaniworld does not sell products or services for children. If you are under the age of 18, you may use the Site only with the consent and involvement of a parent or guardian.

2) General
The information, material and content provided on the Site may be changed at any time without notice. In addition, We reserve the right to update or revise the Terms at any time, without notice, by updating this posting. You agree to review the Terms regularly, and your continued access or use of the Site following the posting of any changes will mean that you agree to such changes.

Botaniworld controls and operates this Site from its headquarters in Weston, Massachusetts, United States of America and makes no representation that the Site is appropriate or available for use in other locations. If you use this Site from other locations, you are responsible for compliance with applicable local laws. If any portion of these Terms is held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law to the greatest extent possible and the balance of the provisions will remain in full force and effect. These Terms will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts and the laws of the United States of America as applicable therein, without giving effect to any principles of conflicts of laws. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to the Terms or your use of the Site will be the state or federal courts located in the Commonwealth of Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

3) Use of Site, Service or products
The Site is owned and operated by Botaniworld, and any content viewed through the Site, is for your information, education and communication solely for your personal and non-commercial use. With your Garden Tutor course purchase, We grant you a limited, non-exclusive, non-transferable license to access the Garden Tutor content and view your course(s) through the Service for that purpose. Except for the foregoing limited license, no right, title or interest in the Service or the Garden Tutor content shall be transferred to you. You agree not to use the Service for public display or performances and unless otherwise expressly authorized herein or by an officer or authorized agent of Botaniworld in writing, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

You may not use the Site for any purpose that is unlawful or prohibited by the Terms. You may not use the Site in any manner that could damage, disable, overburden or impair any Botaniworld server or the network connected to any Botaniworld server, or interfere with any other party’s use and enjoyment of the Site. You may not attempt to gain unauthorized access to Botaniworld information or the Service, other accounts, computer systems or networks or to any Service provided by Botaniworld through hacking, password mining or any other means. You may not obtain or attempt to obtain any Botaniworld information or gain access to or attempt to gain access to the Service through any means not intentionally made available through the Site.

4) Communications with Botaniworld
When you visit the Site or send e-mail to Us, you are communicating with Us electronically. You consent to receive communications from Us electronically. We will communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that We provide to you electronically satisfy any legal requirements that such communications be in writing.

5) User registration and accounts
You may be required to register with the Site in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by Our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of a parent or legal guardian.

You are never permitted to use or share anyone else’s account, and you may not provide another person with the username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Botaniworld of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Botaniworld will not be liable for any loss or damage arising from your failure to comply with this Section.
Modifications to the Service or accounts: Botaniworld reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Botaniworld will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. We have no obligation to retain any of your account information or any content you submit to Us via the Site for any period of time beyond what may be required by applicable law.

6) Refunds
If you are not satisfied with the Service within the first 30 days after purchase, Botaniworld will refund the full amount of your purchase and subsequently terminate your access. Refunds are not available for customers more than 30 days after a purchase. Refunds are not available for accounts which have violated the terms of Service; violations are determined at Botaniworld’s sole discretion. If Botaniworld determines that you are abusing Our refund policy, We reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of the Service without delivering a refund. To request a refund or to ask a question regarding the 30-day money back guarantee, please email info@gardentutor.com.

7) No Warranties; limitation of liability
Botaniworld provides the Site and the information, material and content available on or through the Site (collectively, the “Information”) on an “as is, where is” basis and does not make any express or implied warranties, representations, endorsements or conditions with respect to the Site or the Information, including, without limitation, warranties as to merchantability, operation, non-infringement, usefulness, completeness, accuracy, currency, reliability and fitness for a particular purpose. Further, Botaniworld does not represent or warrant that the Site will be available and meet your requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your computer system. You have sole responsibility for adequate protection and backup of your data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT Botaniworld will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if We’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of Our affiliates, and each of Our respective owners, members, managers, employees, licensors, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

8) Indemnity
You agree to defend, indemnify, and hold harmless Botaniworld, its affiliates, and their respective employees, contractors, officers, directors, members, managers, partners, and shareholders (each an “Indemnitee”) from and against all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Site. Each Indemnitee reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with such Indemnitee in asserting any available defenses.

9) Class Action Waiver
You agree that you may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

10) Copyrights
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text in the Site without the written permission of Botaniworld or its licensors. Botaniworld neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Botaniworld. Images, photographs or illustrations displayed on the Site are either the property of, or used with permission by, Botaniworld. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images or other material displayed on the Site may violate copyright laws, trade mark laws, the laws of privacy and publicity and communications regulations and statutes.

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide the following information to Botaniworld:

• an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work that you claim to have been infringed, or, if multiple copyrighted works are covered by your notice, a representative list of such works;
• identification of the content that you claim 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 Archangels to locate the content;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner of an exclusive right that is allegedly infringed.

If you have any questions or concerns regarding copyright infringement or otherwise, please contact us at:
Botaniworld, LLC
25 Colpitts Rd #336
Weston, MA 02493
info@gardentutor.com

11) User-Generated Content

From time to time, some of the content displayed on the Site may be submitted, transmitted, posted, or otherwise provided by you or other users of the Site over whom Botaniworld exercises no control (“User-Generated Content”). Such users are solely responsible for any User-Generated Content displayed on the Site. Botaniworld disavows responsibility for User-Generated Content to the extent permitted by law, and has no obligation to screen any User-Generated Content in advance. Botaniworld may in its sole discretion at any time remove or alter any User-Generated Content or take any other actions with respect to such User-Generated Content. Botaniworld has no liability or responsibility to users for performance or nonperformance of such activities. Should you come across any content that you find objectionable, you can bring it to our attention by e-mailing us at info@gardentutor.com.

Other than with respect to Feedback (which is assigned to Botaniworld as described below), you own and retain the copyright in any original User-Generated Content you post or submit to us for display on the Site. We do not claim ownership of any copyrights in User-Generated Content. However, by using this Site you are granting Botaniworld and its subsidiaries, affiliates, successors and assigns, a nonexclusive, fully paid, worldwide, perpetual, irrevocable, royalty-free, transferable license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, and commercialize User-Generated Content you post or submit in any and all media or form of communication whether now existing or hereafter developed, without obtaining additional consent, without restriction, notification, or attribution, and without compensating you in any way, and to authorize others to do the same. For this reason, we ask that you not post or submit any User-Generated Content that you do not wish to license to us, including any confidential information or product ideas.

It is a condition of these Terms of Use that you do not:

• upload, post, transmit or otherwise make available

o any User-Generated Content that is unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy;
o any User-Generated Content that constitutes or promotes any illegal activity, including, without limitation, any User-Generated Content constituting or encouraging conduct that would be a criminal offense, give rise to civil liability or otherwise violate any local, state, national or foreign law;
o any User-Generated Content that is false, misleading, or fraudulent;
o any User-Generated Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
o any User-Generated Content that violates or infringes upon the rights of others, including User-Generated Content which violates the patent rights, copyrights, trademark rights, privacy rights, publicity rights, trade secret rights, confidentiality rights, contract rights, or any other rights of any individual, living or deceased, or any legal entity;
o any User-Generated Content that contains the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen years old and you have first obtained his/her express permission or (ii) that person is under eighteen years old but you are his/her parent or legal guardian;
o any request for or solicitation of any personal or private information from any individual;
o any request for or solicitation of money, goods, or services for private gain;
o any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
o any User-Generated Content that contains advertising, promotions or marketing, or which otherwise has a commercial purpose;

• impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any local, state, national or international law, rule or regulation.

By posting User-Generated Content or submitting such User-Generated Content to Botaniworld for display on the Site, you represent and warrant that (i) you own or otherwise control all of the rights to the User-Generated Content and have the right to grant the license set forth in these Terms of Use; (ii) the User-Generated Content is accurate, and (iii) you are at least eighteen years old and you have read and understood-and your User-Generated Content fully complies with these Terms and applicable laws and will not cause injury to any person or entity.

12) Feedback
From time to time, the Site may provide you an opportunity to communicate with Botaniworld to provide User-Generated Content or other information that specifically concerns how Botaniworld can improve the Site and/or the Service or can be used by Botaniworld for such purposes (collectively, “Feedback”). Please be aware that any Feedback communicated to Botaniworld through the Site or otherwise, whether such Feedback consists of suggestions, ideas, graphics, or other material, will be treated as nonconfidential and nonproprietary. Any Feedback you submit, transmit, or post becomes the exclusive property of Botaniworld. Your submission of Feedback will constitute an assignment to us of all worldwide rights, title and interests in your Feedback, including all copyrights and other intellectual property rights in your Feedback. We will be entitled to reduce to practice, exploit, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any Feedback you submit for any purpose whatsoever, without restriction and without crediting or compensating you in any way. For this reason, We ask that you not send us any Feedback that you do not wish to assign to us.

Without limiting the generality of the foregoing, you acknowledge and agree that Botaniworld may preserve User-Generated Content and may also disclose User-Generated Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User-Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Botaniworld, its users and the public. You understand that the technical processing and transmission of the Service, including your User-Generated Content, may involve (a) transmissions over various networks (secure and unsecure); and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

13) Trademarks
Certain names, logos, service marks, and other trademarks (collectively, the “Trademarks”) displayed and or referenced on the Site are registered or unregistered trademarks of Botaniworld or a third party. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Botaniworld or such third party that may own the Trademark displayed on the Site. Your unauthorized use of the Trademarks displayed on the Site is strictly prohibited.

14) Third Party Sites
The Service may provide, or third parties may provide, links or other access to other Sites and resources on the Internet. Botaniworld has no control over such Sites and resources, and Botaniworld is not responsible for and does not endorse such Sites and resources. You further acknowledge and agree that Botaniworld will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods or Services available on or through any such Site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Botaniworld is not liable for any loss or claim that you may have against any such third party.

15) Termination
You agree that Botaniworld, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard any content within the Service for lack of use after 24 months or if Botaniworld believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. Botaniworld may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms may be effected without prior notice, and you acknowledge and agree that Botaniworld may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Botaniworld will not be liable to you or any third party for any termination of your access to the Service.

16) Privacy and Protection of Personal Information
Botaniworld is concerned about the protection of on-line privacy for all visitors to gardentutor.com. Please see Our full Privacy Policy relating to the collection and use of your information, which also governs your visit to gardentutor.com, to understand Our privacy practices.

17) How to contact us with any questions
Please contact us at
Botaniworld, LLC
25 Colpitts Rd #336
Weston, MA 02493
info@gardentutor.com

Last Updated: September 2019

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© 2019 Botaniworld, LLC. Garden Tutor and Grow your world are trademarks of Botaniworld, LLC.

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