Terms of service
Welcome to the “gardein.com” website (“gardein.com”). gardein.com is owned and operated by garden protein international (“garden protein”) (“we” and “us). In addition to the content on gardein.com, gardein.com provides you with various opportunities to submit content and participate in various community services (“services”). By using gardein.com and the services you are accepting the practices described in these terms of service. If you do not agree to these terms of service, please do not use gardein.com and exit immediately. We reserve the right to modify or amend the terms of our terms of service from time to time without notice. Your continued use of gardein.com and any affiliate websites following the posting of changes to these terms will mean you accept those changes. Additional terms and conditions may apply to the purchase of products, such as shipping and return policies. By using gardein.com, you agree to such terms and conditions.
1. Copyright and ownership. All of the content featured or displayed on gardein.com, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“content”), is owned by garden protein, its licensors, vendors, agents and/or its content providers. All elements of gardein.com, including without limitation the general design and the content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. gardein.com and the services may only be used for the intended purpose for which gardein.com and the services are being made available. Except as may be otherwise indicated in specific documents within gardein.com, you are authorized to view, play, print and download documents, audio and video found on gardein.com for personal, informational, and noncommercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on gardein.com. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on gardein.com. For purposes of these terms of service, the use of any such material on any other website or networked computer environment is prohibited. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of gardein.com and the services. gardein.com, its content and all related rights shall remain the exclusive property of garden protein or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on gardein.com.
2. Trademarks. All trademarks, service marks and trade names of garden protein used on gardein.com (including: the garden protein name, corporate logo, design, and gardein brand logo) (collectively “marks”) are trademarks or registered trademarks of garden protein or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the marks in any way, including in advertising or publicity pertaining to distribution of materials on gardein.com, without garden protein’s prior written consent. The use of the marks on any other website or network computer environment is not allowed. Garden protein prohibits the use of the marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.
3. Unsolicited submissions policy. Garden protein is pleased to hear from its loyal fans and welcomes your comments regarding gardein. Except where garden protein specifically requests comments or submissions, it does not accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. This policy is designed to avoid misunderstandings if projects developed by garden protein’s professional staff seem to others to be similar to their own creative work. Accordingly, garden protein requests that your comments relate to those services and products offered by garden protein, and that you not submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us an unsolicited submission, you agree not to assert any ownership right of any kind in the unsolicited submission against garden protein (including copyright, trademark, unfair competition, moral rights, or implied contract), you grant garden protein a nonexclusive, perpetual, worldwide license to the unsolicited submission in every media and for every purpose now known or after discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including credit. You release garden protein (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including without limitation all claims for theft of ideas or copyright infringement.
4. Accuracy of information. We attempt to ensure that information on gardein.com is complete, accurate and current. Despite our efforts, the information on gardein.com may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on gardein.com. For example, products included on gardein.com may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated. In addition, we may make changes in information about price and availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
5. Linking to gardein.com. Creating or maintaining any link from another website to any page on gardein.com without our prior written permission is prohibited. Running or displaying on gardein.com or any information or material displayed on gardein.com in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to gardein.com must comply will all applicable laws, rule and regulations.
6. Third party links. From time to time, gardein.com may contain links to websites that are not owned, operated or controlled by garden protein or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave gardein.com. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from gardein.com, you do so entirely at your own risk.
7. Inappropriate material. You are prohibited from posting or sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and his or her agents to civil and criminal penalties. You further understand and agree that sending unsolicited email advertisements to any user of gardein.com or gardein.com or through voice computer systems is expressly prohibited by these terms of service. Any such unauthorized use of our computer systems is a violation of these terms of service and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate these prohibitions, we may take any action we deem necessary to cure or prevent the violation including the immediate removal of the related materials from gardein.com. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.
8. User published content. User published content does not represent the views of garden protein or any individual associated with garden protein, and we do not control this content. In no event shall you represent or suggest, directly or indirectly, garden protein’s endorsement of user published content. Garden protein does not vouch for the accuracy or credibility of any user published content on gardein.com, and does not take any responsibility or assume any liability for any actions you may take as a result of reading user published content on gardein.com. Through your use of gardein.com and the services, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using gardein.com, you assume all associated risks.
9. Fees. For all charges for any products and services sold on gardein.com, garden protein will bill your credit card or alternative payment method offered by garden protein. In the event legal action is necessary to collect on balances due, you agree to reimburse garden protein for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all internet access services and telecommunications services needed for use of gardein.com.
10. Access and interference. You agree that you will not use any robot, spider, scraper or other automated means to access gardein.com for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on gardein.com; or (iii) bypass any measures we may use to prevent or restrict access to gardein.com.
11. Force majeure. Neither garden protein nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of god, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
12. Representations and warranties. You affirm, represent and warrant the following: (i) you are over the age of 18 and have the right and authority to enter into this agreement, and are fully able and competent to satisfy the terms, conditions and obligations in this agreement; and (ii) you have read, understood, agree with, and will abide by the terms of this agreement.
13. Disclaimers. Your use of gardein.com is at your risk. The information, materials and services provided on or through gardein.com are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Neither garden protein, nor any of its affiliates warrant the accuracy or completeness of the information, materials or services provided on or through gardein.com. The information, materials and services provided on or through gardein.com may be out of date, and neither garden protein, nor any of its affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
14. Limitations of liability. Garden protein does not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect, your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing gardein.com, or your downloading of any information or materials from gardein.com. In no event will garden protein, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of gardein.com, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of gardein.com, any websites linked to gardein.com, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that garden protein shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and that the risk of harm or damage rests entirely with you. These limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
In the event of any problem with gardein.com or any content, you agree that your sole remedy is to cease using gardein.com. In the event of any problem with the products or services that you have purchased on or through gardein.com, you agree that your sole remedy, if any, is from the manufacturer of such products or supplier of such services, in accordance with such manufacturer’s or supplier’s warranty, or to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on gardein.com. In no event shall garden protein’s 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 greater of (a) twenty five dollars ($25.00) or (b) the value of your purchase on gardein.com.
15. Indemnity. You agree to defend, indemnify and hold garden protein and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of gardein.com or the internet or your placement or transmission of any message or information on gardein.com by you or your authorized users; (ii) your violation of any term of this agreement, including your breach of any of the representations and warranties above; (iii) your violation of any third party right, including any right of privacy, publicity rights or intellectual property rights; or (iv) your violation of any law, rule or regulation of the united states or any other country.
16. Release. In the event that you have a dispute with one or more other users of gardein.com, you release garden protein (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
17. Termination. You or we may suspend or terminate your use of gardein.com at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to gardein.com in the event that (a) you breach these terms of service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
18. General. Any claim relating to, and the use of, gardein.com and the materials contained on gardein.com is governed by the laws of the washington state. You consent to the exclusive jurisdiction of the state and federal courts located in washington state. A printed version of these terms of service will be admissible in judicial and administrative proceedings based upon or relating to these terms of service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
We do not guarantee continuous, uninterrupted or secure access to our gardein.com or the services, and operation of gardein.com may be interfered with by numerous factors outside of our control. If any provision of these terms of service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these terms of service and all incorporated agreements may be automatically assigned by garden protein in its sole discretion. 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 a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 10 (access and interference), 14 (liability limit), 15 (indemnity) and 16 (release) shall survive any termination or expiration of this agreement.
19. Entire agreement. These terms and conditions are the entire agreement between the user and garden protein and supersedes any prior understandings or agreements (written or oral).
20. Additional assistance. If you do not understand any of the foregoing terms of service or if you have any questions or comments, we invite you to contact our customer service department by email at [email protected] .
21. Copyright notice. All website design, graphics, text selections, arrangements, and all software are copyright © 2009, garden protein international inc. All rights reserved.