The Loving Garden | Terms of Use

Terms of Use

This Terms of Use Agreement (the "Agreement") is between you ("you") and The Loving Garden (together with our affiliates, service providers, and partners, "The Loving Garden," "we," and/or "us") and governs your use of the The Loving Garden website, including the materials and information posted on it, and the functionality that permits you to make donations, request donations, create an account or to use any other functionality offered through the website.

Acceptance of Terms and Supplementary Terms

The Loving Garden operates the website subject to this Agreement, including the Privacy Policy and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the website, each of which is incorporated by reference herein. In addition, Project Leaders, Non-Profit Organizations, and any Individual, Organization, or Company providing due diligence or application for a grant are subject to the terms and conditions set forth in the supplemental terms and conditions that are included with said application.

By making a payment you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with The Loving Garden governing your use of the website, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.

You acknowledge and agree that a printed version of this Agreement and/or any electronic communication from The Loving Garden shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement and/or your use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Amendment

The Loving Garden reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the website, along with the revised Agreement marked to show the date of last revision. By continuing to use the website after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.

Modification, Suspension, and/or Cancellation

The Loving Garden reserves the right to modify the website, and change, suspend, or discontinue providing all or part of the content or functionality of the website in its sole discretion, with or without notice. You agree that The Loving Garden shall not be liable to you or to any third party for any such actions.

Personal Information

The Loving Garden’s use of personal information collected from and about you in connection with your use of the website (e.g., as part of your Profile) is governed by our Privacy Policy, (the "Privacy Policy"), and which is incorporated by reference into this Agreement as a Supplementary Term. By providing this personal information, subject to the terms of the Privacy Policy, you grant to The Loving Garden a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the website.

User Credentials

When you create an account or profile or make a donation, you will be asked to provide certain personal information, such as your name and contact information, and given the opportunity to select one or more user names and passwords (collectively, your "User ID").

You acknowledge and agree that:

You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;
You represent that you have all rights in the information necessary to provide it to The Loving Garden;
User ID is for your personal use only and may not be transferred to any third party;
You are exclusively responsible for the security and confidentiality of your User ID and for all use of the website that occurs in connection with your User ID, with or without your knowledge;
You are required to completely log out of the website at the end of each session and to notify The Loving Garden promptly if you learn of any unauthorized use of your User ID;
If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity;
The Loving Garden will not be liable for any loss or damage arising from your failure to comply with this section; and
Any information submitted under your User ID is subject to the "Personal Information" terms as specified in Section 4.

Profile and Forum Content

The Loving Garden may permit you and other users to post information on the website, including on personal "profile pages," (each, a "Profile") and on designated areas of the website including, for example, messages, forums, or in the course of participating in the collaborative creation of website and/or Services content (each, a "Forum"). The Loving Garden does not control or endorse, and is not responsible for user content of any kind posted by website users (including The Loving Garden employees who maintain Profiles or participate in Forums). In addition, The Loving Garden cannot control use or misuse by others of information you post in your Profile or in a Forum.

Accordingly, you acknowledge and agree that under no circumstances will The Loving Garden be liable for any loss or damage caused by (a) your reliance on user-posted Profile or Forum content; or (b) use or misuse by any website user or third party of any user content that you post in connection with your Profile, on a Forum, or otherwise in connection with your use of the website.

Rules of Conduct

Your use of the website is expressly conditioned on your responsible and lawful participation in the website community.Accordingly, and without limiting the foregoing, you acknowledge and agree that:

Your use of the website is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations, including without limitation, United States export controls, embargoes or other federal rules and regulations restricting exports.
Any information you provide in connection with your use of the website must be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly.

You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the website:

Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by The Loving Garden in its sole discretion;
Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;
Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offense; or that encourages or provides instructional information about violent, offensive, or illegal activities;
Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm The Loving Garden or invade, harm, disrupt or hijack the operation of the website; (b) mislead or harm any third party; (c) monitor access to or use of the website by others;
Any unsolicited or unauthorized advertising, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme," communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation;
Any "lobbying" or "electioneering" materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

You agree that you will not use the website to:

Engage in fraudulent or unlawful activities of any kind;
Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;
Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that The Loving Garden or any website user endorses any statement you make;
Interfere with or disrupt the operation of the website or any servers, hardware, or software used in connection with the website;
Transfer or copy any protected material, content or information made available through any restricted portion of the website to any non-restricted portion of the website or to any public forum;
Restrict or inhibit any other person from using the website.

You agree that you will not, without our express written consent:

Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, or for any purposes that are competitive with The Loving Garden, any element of the website, including any information or materials made available on or through the website;
Modify, adapt, translate, reverse engineer, decompile or disassemble any element of the website;
Remove any copyright, trademark or other proprietary rights notice from the website or any materials posted on or originating from the website;
Frame or mirror any element of the website;
Systematically download website content to create a separate database;
Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine," "harvest" or in any way gather website content, or reproduce or circumvent its navigational structure or presentation;
Advertise, promote, market, or offer to sell or buy any goods or services on or through the website;

Grant of License to The Loving Garden

You will retain ownership rights in content you post in your account and in other places on the website. Except as provided herein, The Loving Garden will not re-publish your information outside the website without your consent. By posting on the website, however, you grant The Loving Garden a perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, display, reproduce, distribute, modify, adapt, or sublicense such information to operate the website and to make it available to users as contemplated hereunder.

For each Submission, you represent and warrant that:

You have all rights necessary to post such information, to grant the licenses granted hereunder, and to permit The Loving Garden to grant the necessary licenses to other website users in accordance with your privacy preferences; and
Your posting of any information and your grant of rights in connection with any such information, complies with all applicable laws, rules and regulations and does not violate the rights of any third party.

License

Subject to your compliance with the terms and conditions of this Agreement (including, but not limited to, Section 7), The Loving Garden hereby grants to you a limited, non-exclusive, revocable license to access and use the website and download and print the content and information on or made available through the website (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the website or content and information is strictly prohibited. The Loving Garden and its licensors reserve all rights not expressly granted in and to the website and its content and information and all intellectual property rights therein (including the trademarks and service marks on the website).

Monitoring

You acknowledge and agree that The Loving Garden may, in its sole discretion, but has no obligation to: (i) monitor any user-posted information or content (including Submissions); (ii) post, alter, remove, or refuse to post any user-provided content (including Submissions); and/or (iii) disclose the content of any Submission as well as any other information about such Submission or the circumstances surrounding the transmission, posting, or use of such Submission to you or any third party; in all cases as appropriate in The Loving Garden’s sole discretion: to operate the website; protect the rights and properties of The Loving Garden and third parties; to comply with legal obligations or governmental requests; to enforce this Agreement; and/or for any other legitimate reason or purpose. Without limiting the foregoing, you acknowledge and agree that The Loving Garden is not responsible for screening, policing, editing or monitoring any such user content. If notified of allegedly infringing, defamatory, damaging, illegal or offensive conduct, The Loving Garden may investigate the allegation and determine, in its sole discretion, whether to remove or request the removal of such user content from the website. However, The Loving Garden cannot ensure prompt editing or removal of questionable user content after online posting. Accordingly, The Loving Garden shall not assume any liability for user content or third party conduct, communication or information on the website.

Links and Online Listings

From time to time The Loving Garden may post and/or may permit you, other website users or third parties to post on the website (a) links to third party sites ("Links"). You acknowledge and agree that The Loving Garden does not control or endorse any information, products, or services made available via Links or Listings, and is not responsible for the accuracy, reliability, quality, or legality of any such information, products, or services. It is your responsibility to evaluate the information, opinions, advice or other content available through the Links or Listings, whether posted or provided by third parties or by The Loving Garden. The Loving Garden may remove any Links or Listings at any time for any reason or for no reason.

[THE LOVING GARDEN WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY TRANSACTIONS YOU CONDUCT WITH THIRD PARTIES, INCLUDING THE TERMS, CONDITIONS OR RESULTS OF ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTY, AND YOU ACKNOWLEDGE THAT THE LOVING GARDEN CANNOT CONTROL WHETHER AND HOW ANY DONATIONS ARE MADE OR USED BY ANY THIRD PARTY. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY REGARDING ANY THIRD PARTY PROMISES (INCLUDING PROMISED OR PLEDGED DONATIONS), PRODUCTS AND/OR SERVICES, YOU RELEASE THE LOVING GARDEN (AND ITS RESPECTIVE SUCCESSORS, SPONSORS, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, SUPPLIERS AND MEMBERS) FROM ANY AND ALL 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.]

Proprietary Rights

The website and other information or materials made available through or used in connection with providing the website are and shall remain the property of The Loving Garden and its licensors (including website users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws; provided that you will retain ownership in your Submissions in accordance with Section 8. Except as expressly provided herein or permitted or otherwise authorized in advance by The Loving Garden in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the website, including without limitation the website itself or any website content, or other materials made available through the website.

Trade names, trademarks and service marks of The Loving Garden or its licensors include without limitation. All trademarks and service marks on the website not owned by The Loving Garden are the property of their respective owners. The trade names, trademarks and service marks owned by The Loving Garden, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of The Loving Garden trade names, trademarks or service marks without our express prior written consent.

Limitations of Liability and Disclaimer of Warranties

THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. THE LOVING GARDEN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF DONATION FUNDS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

THE LOVING GARDEN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (INCLUDING DETRIMENTAL RELIANCE), INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY'S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE LOVING GARDEN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE $100 US DOLLARS.

WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.

Indemnity

You agree to defend, indemnify and hold harmless The Loving Garden and its respective successors, sponsors, employees, officers, directors, shareholders, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys fees) arising out of (a) your use of, or activities in connection with, the website; (b) any violation of this Agreement by you or anyone using your User ID; (c) your violation of any rights of any other person or entity while using the website; or (d) information provided under your User ID and any information that you or anyone with your password submits, posts, or transmits through the website.

Termination

This Agreement is effective until terminated. The Loving Garden, in its sole discretion, may terminate your access to or use of the website and/or Services, at any time and for any reason or no reason, including if The Loving Garden believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the website will immediately cease. You agree that any termination of your access to or use of the website may be effected without prior notice, and that The Loving Garden may immediately deactivate or delete your User ID, and all related information and files associated with such credentials including, without limitation, your Submissions, and/or bar any further access to such information or files. You agree that The Loving Garden shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the website. Nor shall The Loving Garden have any obligation to make information or files associated with the website available to you after any such termination.

Governing Law and Jurisdiction

This Agreement is governed by and shall be construed in accordance with the laws of California, without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the California, and waive any jurisdictional, venue or inconvenient forum objections to such courts. Notwithstanding this, you agree that The Loving Garden may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

The website is hosted and operated in, and made available from the United States. The Loving Garden does not represent or warrant that the website or any element thereof is appropriate, available, or legal for use in any jurisdiction other than the United States. Those who choose to access the website do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the website's availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send The Loving Garden a notice requesting that we remove the material or block access to it. If you believe, in good faith, that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send The Loving Garden a counter-notice.

Contact Us

If you have any questions regarding the meaning of application of this Agreement, please send an e-mail to techsupport@thelovinggarden.com. Please note that e-mail communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us.

Business Transfers

The Loving Garden may sell, transfer or otherwise share some or all of its assets, including your personal information and Submissions, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Miscellaneous

This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and The Loving Garden. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and The Loving Garden relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and The Loving Garden relating to such subject matter. Notices to you may be made via posting to the website or by e-mail in our sole discretion. The Loving Garden will not be responsible for failures to fulfill any obligations due to causes beyond its control.