Last Updated February 19, 2016
Minimum Age. You represent and warrant to Triangle Gardener that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Website in accordance with this Agreement. If you are under 18 years old, you may use the Website only with the involvement of a parent or guardian.
For International Website Users. We operate this Website from the United States. If you use the Website in a jurisdiction that prohibits or restricts the use of the Website, you agree that your use of the Website will be at your own risk, without limitation of any other provision of this Agreement, and that Triangle Gardener and its affiliates will have no liability with respect to such use.
Noncommercial Use. You agree to use the Website only in a noncommercial manner. You agree not to post, transmit or otherwise distribute to the Website any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation of our noncommercial use requirement to publisher (at) trianglegardener.com.
Intellectual Property Ownership and Use. Please be aware that, as you visit and navigate the Website, your use is subject to applicable intellectual property laws governing the use of our and our licensors’ intellectual property.
Trademarks. You may not use our trademarks, trade names or trade dress without our prior written permission. Without limitation of the forgoing, you may not use our trademarks, trade names or trade dress: in, as, or as part of, your own trademarks or those of any third parties; to identify products or services that are not those of Triangle Gardener; in a manner likely to cause confusion; or in a manner that implies that Triangle Gardener sponsors or endorses or is otherwise connected with your own activities, products or services or those of other parties. Trademarks or trade dress include the Triangle Gardener™ word mark and logo, the Website layout and design and other graphics, logos, page headers, button icons and scripts, and the names of Triangle Gardener’ features, products, services, or programs. Any other trademarks that appear on our Website are the property of their respective owners and may not be used without the owner’s permission.
Copyrights. All text, graphics, photographs, articles, posts, logos, button icons, images, audio clips, digital downloads, data compilations and all the like appearing on the Website, as well as the software used to create them, are owned by us or our licensors and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes. Any other use of the content included on the Website, including framing to the Website, is strictly prohibited unless you first obtain our prior written consent.
Errors and Inaccuracies. We strive to provide complete, accurate, and up-to-date information on our Website. Unfortunately, however, errors may occur. The Website may contain errors, inaccuracies, or omissions, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
Transactions. We reserve the right to cancel any order you place with us. In the event we cancel an order, we will attempt to contact you by using the email address or phone number used at the time the order was placed.
Shipments. Orders for physical products, such as printed versions of our Triangle GardenerTM magazine, will be shipped to the address designated by the purchaser as long as that shipping address complies with our shipping requirements. All purchases from our Website are made pursuant to the terms and conditions found on the Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier.
Sales and Use Taxes. For any purchase of products or services we offer on or through our Website, we reserve the right to collect, or require our third party payment gateway provider(s) to collect, applicable sales taxes in states where we have a physical presence or in other states that have adopted the Streamlined Sales and Use Tax Agreement (SSUTA). Even if we do not collect sales taxes from you, you may owe sales taxes on your purchase and may be required to report and pay such taxes on all purchases that are not taxed at the time of sale. These taxes may be reported and paid on your individual income tax return or by filing a consumer use tax return. For more information, please visit your state’s department of revenue website.
Third-Party Content. We do not endorse the views expressed in any of the stories, articles, advertisements or other content on our Website that is provided by other parties. We do not represent or warrant that the information contained in, or otherwise conveyed by, such content is accurate. Your use of and/or reliance on any such content is at your sole risk. Prior to purchasing any third-party products or services described on the Website, you are advised to verify pricing and other, relevant information. Triangle Gardener is not responsible for, and shall have no liability arising from, your purchases of third-party goods or services based upon information provided on or through the Website.
User Forums. Forums, bulletin boards, chat rooms or other interactive areas that may be offered on the Website (“user forums”) are provided to give users a forum to express their opinions and share their ideas and information. The individual who posts content in the user forums (“community content”) is responsible for the reliability, accuracy, and truthfulness of such content, and Triangle Gardener has no control over, and does not endorse, the same. Additionally, we have no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaim any responsibility for such material.
Unsolicited Email. You agree not to use the Website user forums or any other area of the Website to transmit, or facilitate the transmission by others of, the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Website or any equipment or network owned or operated by or on behalf of Triangle Gardener. A message is unsolicited if it is sent to a recipient who has not previously requested or invited the message.
Community Features and Guidelines. As a convenience to our visitors, we may provide, at our sole discretion, one or more comment areas, e-mail functions, messaging services, file communities, polls, surveys, social media features (e.g. Facebook, Twitter and Instagram), and other services (collectively, the “community features”). Entering or using any community feature will constitute acceptance of these community guidelines. If you do not agree to abide by the community guidelines, please do not enter or use any community features. You are entirely responsible and liable for all activities conducted by you within the community features, including the transmission, posting, or other provision of community content to any portion of the community features. Listed below are some, though not all, violations that may result in Triangle Gardener terminating or suspending your access to community features on a temporary or permanent basis, as determined by us in our sole discretion (“community guidelines”). You agree not to engage in any of the following actions or conduct while using any of the community features:
• Violate these community guidelines or abuse the community purpose of the comment areas.
• Participate in any part of the Website if you are under the age of 18.
• Use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or obscene words.
• Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening or harassing language of any kind.
• Impersonate other users.
• Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to respectfully offer your opinions or comments on the subject at hand.
• Post topics on message boards, on the Website, or within any of the community features that are unrelated to the subject of the Website.
• Advertise or promote other companies or urls.
• Share personally identifiable information with others on the Website.
• Include advertising in communications.
• Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Triangle Gardener all of the license rights granted herein.
• Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
• Distribute or otherwise publish any community content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
• Collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).
Information disclosed in community features is by design revealed to the public. We are not responsible for any information you choose to disclose to others. We reserve the right, but not the obligation, to remove any posts for any reason. Triangle Gardener does not endorse the community content in the community features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any community content provided through a community feature. By posting or uploading community content to any community feature or submitting any other community content to the Website, you grant (or warrant that the owner of such rights has expressly granted) Triangle Gardener a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, disclose, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such community content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. You represent and warrant that the content as uploaded or posted by you does not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
Submission Policy. Triangle Gardener is pleased to hear from its users and welcomes your comments regarding its services and products. However, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those we have specifically requested. While we value your feedback on our services and products, we request that you be specific in your comments on those services and products, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Triangle Gardener might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as stories, designs, photographs, drawings, or original artwork.
If you at any time send, provide us with, or post certain specific submissions at our request (e.g., via message boards or in connection with sweepstakes, contests and/or other promotions) or if you at any time send us creative suggestions, ideas, notes, stories, photographs, drawings, concepts, or any other information (each, a “submission” and collectively, the “submissions”) despite our request that you not send us any unsolicited submissions or other creative materials, the submission will be treated as non-confidential and non-proprietary in each instance. Accordingly, none of the submissions shall be subject to any obligation of confidence on the part of Triangle Gardener. By sending one or more submissions to the Website or to Triangle Gardener through the Website, you grant (or warrant that the owner of such rights has expressly granted) Triangle Gardener a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sublicense, create derivative works from, and distribute such submissions and to incorporate such submissions into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity, without according you any compensation or credit. You represent that such submissions do not infringe upon the rights of any third parties, including, without limitation, any intellectual property rights, copyrights, rights of publicity or privacy, so called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY:
YOU ACKNOWLEDGE THAT YOU ARE USING THE WEBSITE AT YOUR OWN RISK. THE WEBSITE, THE CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE WEBSITE, AND THE SOFTWARE MADE AVAILABLE ON OR THROUGH THE WEBSITE, IF ANY, ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, AND TRIANGLE GARDENER AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE WEBSITE. TRIANGLE GARDENER AND ITS AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE WEBSITE. TRIANGLE GARDENER AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TRIANGLE GARDENER AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE FOREGOING HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). 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 MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, TRIANGLE GARDENER AND ITS AFFILIATES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, MEMBERS AND EMPLOYEES, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS’ FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATIONS REGARDING: (1) YOUR USE OF THE WEBSITE; (2) OUR USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; AND (3) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Protecting Copyrights And Other Intellectual Property. We respect the intellectual property of others, and require that our users do the same. If you are a copyright owner or an agent thereof and believe that your work has been copied in any way, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Website; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address; (d) 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; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (f) your physical or electronic signature. Our Copyright Agent for notification of claimed infringement can be reached as follows:
info (at) trianglegardener.com
Triangle Gardener, LLC
PO Box 91132
Raleigh, NC 27675
Termination. We reserve the right, at our sole discretion, immediately and without notice, to suspend or terminate this Agreement, your registration for any feature, program or service offered on the Website, and your ability to access the Website, for any reason, including without limitation any breach by you of this Agreement or conduct by you that we determine to be inappropriate. You agree that Triangle Gardener and its affiliates shall not be liable to you or any third-party for any suspension or termination pursuant to this provision.
Assignment. We may at any time transfer our rights and obligations under this Agreement to any affiliate, subsidiary or business unit, or any of their affiliates, or to any entity that acquires any of our assets or with which we merge or combine.
Applicable Law and Jurisdiction. By visiting our Website, you agree that (a) the laws of the State of North Carolina, without regard to principles of conflict of laws, will govern any and all disputes that arise between you and Triangle Gardener or any of its Affiliates regarding your access to or use of the Sites, and (b) any legal action relating to such disputes must be brought, as applicable, in the North Carolina Trial Courts located in Wake County, North Carolina, or in the United States District Court for the Eastern District of North Carolina located in Wake County, North Carolina. You also consent and agree to submite to the personal jurisdiction in these courts and hereby waive any objection to such jurisdiction such as forum nonconveniens.
Miscellaneous. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and we agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision and the other provisions of this Agreement shall remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with this Agreement does not waive our right to act with respect to subsequent or similar failures.