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Section 1. Use of this Web Site |
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You agree to use this web site only for lawful purposes
related to your membership or possible membership in
your group or related to your pursuit of the activities
and programming supported by your group. You agree that
you will NOT use it to:
1.
Upload or transmit any content that is unlawful, harmful,
threatening, abusive, harassing, defamatory, obscene,
libelous, hateful, or racially, ethnically or otherwise
objectionable according to the community standards of
your group or organization.
2.
Violate the legal rights of others (including their right to
privacy), or violate the laws of any jurisdiction.
3.
Impersonate any person or entity, including, but not limited to, a
group or PlantsGalore.Com administrator, or misrepresent
your affiliation with a person or entity.
4.
Upload or otherwise transmit data that you do not have the legal
right to upload or transmit, that violates any patent,
trademark, trade secret, or copyright, or that contains
a virus or deliberately corrupted data. You acknowledge
that you have full rights to transmit the data that you
upload or post, and you accept full responsibility for
its legality, reliability and appropriateness.
5.
Collect information about others (including contact information and
e-mail addresses) without their consent.
6.
Upload, store, maintain, forward or display adult content,
including documents and images of a lewd or lascivious
nature. This web site and the messages, documents, and
images it contains may be viewed by children, so all
users share responsibility for ensuring that content is
appropriate.
7.
Engage in any other conduct that restricts or inhibits anyone’s use
or enjoyment of the web site or which, as determined by
your group administrators or PlantsGalore.Com, may harm
your group or PlantsGalore.Com or users of the web site,
or expose them to liability.
PlantsGalore.Com has the exclusive right to control and
direct the means, manner, and method by which the Single
Page or Standard Website Package is provided.
PlantsGalore.Com shall provide the Single Page or
Standard Website Package in a commercially reasonable
manner.
PlantsGalore.Com reserves the right to remove any
information or material from the web site, without
explanation, which we determine, at our sole discretion,
to be incompatible with the above restrictions,
including anything that we believe, through our own
research or notification by others, may constitute
copyright infringement.
However, these actions will be performed on a
“best-efforts” basis. PlantsGalore.Com cannot review all
material that is posted to the web site, nor guarantee
that objectionable material is immediately removed.
Therefore, neither your group nor PlantsGalore.Com
assumes liability for any action or inaction regarding
such material uploaded to the web site or indeed, for
the content itself.
If you believe that your intellectual property is being
violated by something on this web site, please notify
PlantsGalore.Com immediately with sufficient
documentation to allow us to identify the infringing
material and its location, as well as your claim and
authority to file this notification, and your contact
information.
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Section
2. Your Account |
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During the term of this Agreement, Customer shall pay
PlantsGalore.Com the then applicable charges for the
Package into which Customer has enrolled. Currently
applicable charges are available at http://www.plantsgalore.com/Hosting/Prices.htm.
Payment shall be due in the annual anniversary month
from the date of initial registration. Customer shall
also be responsible for paying any and all additional
fees and charges resulting from Customers use of
Advanced Options or other services. Any such fees
payable to PlantsGalore.Com shall be due to
PlantsGalore.Com 30 days after they are incurred by
Customer. PlantsGalore.Com reserves the right to change
the Website Packages and Advanced Options offered or
applicable charges and to institute new charges at any
time, upon 30 days prior notice to Customer.
If you suspect that your account has been compromised in
any way, you must notify PlantsGalore.Com immediately.
PlantsGalore.Com will not be liable for any loss or
damage arising from your failure to comply with the
provisions in this section.
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Section 3. Privacy and Protection of Personal
Information |
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PlantsGalore.Com’s collection, storage and use of your
personal information is described in the Privacy Policy,
which is incorporated by reference into this Terms of
Use document.
You acknowledge that PlantsGalore.Com may release
personal information when required to do so by law, by a
court of competent authority, to enforce these Terms of
Use, or to protect the employees or officers of your
group or PlantsGalore.Com, or other users of this web
site.
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Section 4. Group
Events |
Brochures and information about events which are
organized and sponsored by your group and/or a parent
group or other chapter may be posted on your website.
PlantsGalore.Com will not be liable for any errors,
omissions, accuracy or completeness of this information.
You also agree to hold PlantsGalore.Com and its agents
harmless from any liability or injury arising from or
related to your participation in such events.
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Section 5.
Credit Card Transactions |
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This site does not currently support credit card
transactions.
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Section 6. Copyright Restrictions / Use of Content |
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The contents of this web site, including documents, web
pages and photos, as well as group-specific logos and
graphic images, are copyrighted by your group and are
protected by US and international laws regarding
copyrights and trademarks. You agree that all messages
and information that you post to this web site become
the property of your group and may be used as it sees
fit.
The organization of this web site, including its
templates, graphic themes, screen organization, forms,
interactivity, database structures and middleware
programming, is copyrighted by, and a valuable trade
secret of PlantsGalore.Com and is likewise protected by
US and international laws regarding copyrights,
trademarks and intellectual property rights.
You are authorized to use this information as a member
or prospective member of your group. You may not use
this information to create competing or derivative
works, nor may you distribute it to others as if it were
your own. You are not permitted to reproduce, sell or
use this information for any commercial purposes without
PlantsGalore.Com’s written permission. You are also not
permitted to resell or otherwise distribute the products
and services provided by PlantsGalore.Com without
written permission.
This web site may provide a facility which allows you to
upload photos of group events or activities, and which
allows other members to reproduce these photos for their
own enjoyment but not for commercial purposes. When you
upload a photo to the site, you agree to allow such
non-commercial reproduction. When you download a photo
from this site you agree that you will not use it for
commercial purposes without first obtaining permission
from the uploader.
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Section 7. Trademarks |
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Your group name and the any logos, slogans, or tag lines
are trademarks of your group and may not be used in any
commercial manner without written permission from your
group.
PlantsGalore.Com, as well as other product and service
names, logos, slogans and tag lines of PlantsGalore.Com
are trademarks or service marks of PlantsGalore.Com. The
name and logos may not be used in any commercial manner
without written permission from PlantsGalore.Com.
Other product or service marks contained herein are used
for identification purposes only and may be registered
trademarks or trademarks of their respective owners.
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Section 8. Disclaimer of
Warrantees and Limitation of Liability |
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THIS SITE IS PROVIDED BY YOUR GROUP
AND PLANTSGALORE.COM ON AN "AS IS"
AND "AS AVAILABLE" BASIS. YOUR GROUP AND
PLANTSGALORE.COM MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE, WHICH HAVE NOT BEEN
INDEPENDENTLY REVIEWED FOR ACCURACY, COMPLETENESS OR
SAFETY.
IF YOU RELY ON ADVICE OR INFORMATION PROVIDED ON THIS
SITE, YOU EXPRESSLY AGREE THAT YOU
ARE DOING SO ENTIRELY AT YOUR OWN RISK. YOUR GROUP
AND PLANTSGALORE.COM EXPLICITLY DISCLAIM ANY LIABILITY
FOR INJURY OR DAMAGES RESULTING FROM THE USE THEREOF.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YOUR
GROUP AND PLANTSGALORE.COM DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR GROUP
AND PLANTSGALORE.COM DO NOT WARRANT THAT THIS SITE,
ITS SERVERS, OR E-MAIL SENT FROM THIS SITE
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
NOR
THAT YOUR ACCESS TO THIS SITE
AND ITS SERVERS WILL BE RELIABLE, ERROR-FREE, OR
UNINTERRUPTED.
YOUR GROUP
AND PLANTSGALORE.COM WILL NOT BE LIABLE FOR DAMAGES
OF ANY
KIND ARISING FROM THE USE OF THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL,
PUNITIVE,
AND CONSEQUENTIAL DAMAGES, ARISING OUT OF PERSONAL
INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY,
INTERRUPTION IN SERVICE, LOST
DATA,
OR OTHER ERRORS OR OMISSIONS.
CERTAIN STATE
LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF
THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MIGHT HAVE ADDITIONAL RIGHTS.
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Section 9. Disputes |
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With the possible exception of a violation or threatened
violation of PlantsGalore.Com’s and your group's
intellectual property rights, any dispute related to
your use of this web site or to products or services
purchased or obtained through this web site, shall be
submitted to arbitration in Michigan in accordance with
the prevailing rules of the American Arbitration
Association. The arbitrator's award shall be binding and
may be entered as a judgment in any court of competent
jurisdiction. At PlantsGalore.Com’s or your group’s sole
discretion, intellectual property disputes may be
handled through the appropriate state or federal court
in the state of Michigan, and you consent to exclusive
jurisdiction and venue in such courts.
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Section 10.
Indemnification |
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You agree to indemnify and hold harmless
PlantsGalore.Com and their respective officers,
directors, shareholders, employees, agents, affiliates,
third party information providers, licensors and others
involved in the web site or delivery of products or
services through the web site, from and against any and
all liabilities, expenses, damages and costs, including
reasonable attorney’s fees, arising from any violation
by you of these Terms of Use or your use of this web
site, or of any products, services or information
obtained from this web site.
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Section 11. Comments
and Submissions |
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PlantsGalore.Com welcomes your ideas for improving this
web site or for adding new features that would benefit
group members and visitors. You may use either email or
U.S. mail at the addresses listed below.
Any comments, ideas, suggestions, or feedback that you
submit to PlantsGalore.Com can not be treated as
confidential or proprietary and can be used or disclosed
by either organization as it sees fit. The submission of
such information does not limit or prevent the purchase
or use of similar products, services or ideas from any
other party or vendor.
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Section 12. Third
Party Links |
This web site may contain links to other web sites not
controlled or managed PlantsGalore.Com. Your group and
PlantsGalore.Com are not responsible for the quality,
accuracy or content of the information, products,
services or policies of these sites. Your use of such
web sites is at your own risk and subject to the terms
and conditions of use for such web sites. A reference or
link from this web site to any products, services,
events or information by trademark, trade name or
manufacturer does not constitute or imply an
endorsement, sponsorship or recommendation and cannot be
referenced as such without the written permission of
your group or PlantsGalore.Com.
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Section 13.
Termination |
This Agreement will become effective on the date
your website is posted online, and will remain in
effect until terminated by either party with 30 days
advance written notification to the other party.
PlantsGalore.Com may immediately terminate this
Agreement without notice if you violate any of the
provisions in Section 1 of this Agreement.
Either you or PlantsGalore.Com may terminate this
Agreement at any time for any reason or for no
reason upon thirty (30) days written notice to the
other party. There will be no refund of unused
portions of annual fees in the event of termination
of the Agreement occurs prior to the end of the
annual term of service.
PlantsGalore.Com reserves the right to close your
account and remove the website from the Internet if you
do not renew your membership when it is due to expire at
the end of the month of your service anniversary.
PlantsGalore.Com also reserves the right to terminate
access to this web site and refuse service to users who
violate these Terms of Use or who we reasonably believe
are not intending to use the platform for its intended
purpose, and to pursue legal remedies against persistent
or serious offenders.
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Section
14. Miscellaneous Provisions |
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The use and operation of this web site shall be governed
by the laws of the State of Michigan without regard to
conflict of law provisions. If you sign up for website
service or purchase products and services through this
web site from another country, you do so in accordance
with
United States’
law and with the transaction denominated in US Dollars.
If a court should hold any provision of this Agreement
invalid or unenforceable, such provision shall be
modified to the minimal extent necessary to render it
enforceable without losing its intent, or severed from
this Agreement if no such modification is possible, and
other provisions shall remain in full force and effect.
PlantsGalore.Com may modify these Terms of Use at any
time without notice by posting this amended and dated
document to the web site. You should check back
periodically to see if anything has changed. Your
continued use of the web site indicates your acceptance
of the revised terms of use.
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If you have any questions, comments, or concerns about
this Terms Of Use Statement please contact us at:
PlantsGalore.Com
P.O. Box 254
Okemos, MI 48805
Email:
mrpgc@plantsgalore.com
Posted
May 1, 2009
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