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 Terms Of Use

AGREEMENT BETWEEN USER AND OnlinePlantGuide.com

The OnlinePlantGuide.com Web Site is comprised of various Web pages operated by OnlinePlantGuide.com.

The OnlinePlantGuide.com Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the OnlinePlantGuide.com Web Site constitutes your agreement to all such terms, conditions, and notices.

COPYRIGHT:

All contents of the OnlinePlantGuide.com Web Site are: Copyright 2009 and/or its suppliers. All rights reserved.

USE OF PICTURES/IMAGES

All Images and Pictures contained on and displayed on OnlinePlantGuide.com are under copyright by either OnlinePlantGuide.com or OnlinePlantGuide.com has permission to reuse the materials in conjustion with the OnlinePlantGuide.com website.

YOU MAY NOT REUSE ANY IMAGE OR PICTURE FOUND ON ONLINEPLANTGUIDE.COM.


MODIFICATION OF THESE TERMS OF USE

OnlinePlantGuide.com reserves the right to change the terms, conditions, and notices under which the OnlinePlantGuide.com Web Site is offered, including but not limited to the charges associated with the use of the OnlinePlantGuide.com Web Site.

LINKS TO THIRD PARTY SITES

The OnlinePlantGuide.com Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of OnlinePlantGuide.com and OnlinePlantGuide.com is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OnlinePlantGuide.com is not responsible for webcasting or any other form of transmission received from any Linked Site. OnlinePlantGuide.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OnlinePlantGuide.com of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the OnlinePlantGuide.com Web Site, you warrant to OnlinePlantGuide.com that you will not use the OnlinePlantGuide.com Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the OnlinePlantGuide.com Web Site in any manner which could damage, disable, overburden, or impair the OnlinePlantGuide.com Web Site or interfere with any other party's use and enjoyment of the OnlinePlantGuide.com Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the OnlinePlantGuide.com Web Sites.

 
MATERIALS PROVIDED TO OnlinePlantGuide.com OR POSTED AT ANY OnlinePlantGuide.com WEB SITE

OnlinePlantGuide.com does not claim ownership of the materials you provide to OnlinePlantGuide.com (including feedback and suggestions) or post, upload, input or submit to any OnlinePlantGuide.com Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting OnlinePlantGuide.com, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. OnlinePlantGuide.com is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in OnlinePlantGuide.com's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE OnlinePlantGuide.com WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OnlinePlantGuide.com AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE OnlinePlantGuide.com WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE OnlinePlantGuide.com WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

OnlinePlantGuide.com AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE OnlinePlantGuide.com WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. OnlinePlantGuide.com AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OnlinePlantGuide.com AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE OnlinePlantGuide.com WEB SITE, WITH THE DELAY OR INABILITY TO USE THE OnlinePlantGuide.com WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE OnlinePlantGuide.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE OnlinePlantGuide.com WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF OnlinePlantGuide.com OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE OnlinePlantGuide.com WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE OnlinePlantGuide.com WEB SITE.

SERVICE CONTACT : Info@OnlinePlantGuide.com

TERMINATION/ACCESS RESTRICTION

OnlinePlantGuide.com reserves the right, in its sole discretion, to terminate your access to the OnlinePlantGuide.com Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the OnlinePlantGuide.com Web Site. Use of the OnlinePlantGuide.com Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and OnlinePlantGuide.com as a result of this agreement or use of the OnlinePlantGuide.com Web Site. OnlinePlantGuide.com's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of OnlinePlantGuide.com's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the OnlinePlantGuide.com Web Site or information provided to or gathered by OnlinePlantGuide.com with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and OnlinePlantGuide.com with respect to the OnlinePlantGuide.com Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and OnlinePlantGuide.com with respect to the OnlinePlantGuide.com Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.


TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.