GardenComm Terms and Conditions

Effective May 2018

Welcome to the website of GardenComm (formerly Garden Writers Association or GWA). This site is provided as a service of GardenComm. GardenComm is committed to keeping your e-mail address confidential. We do not sell, rent or lease to third parties the emails of members, Annual Conference attendees or anyone else with whom we conduct business.

Agreement

By using the GardenComm website, you agree to these Terms and Conditions of Use (Terms of Use). GardenComm reserves the right to change these Terms of Use from time to time. The current “Terms and Conditions of Use Agreement” will always be posted on the website, and you may view it at any time through the link at the bottom of any public page of the website.

Description of Service

GardenComm.org consists of several sections, some of which have restricted access. 

Intellectual Property

The entire contents and design of the website, including all trademarks, logos, trade names, documents, databases, graphic representations, and other information, are the property of GardenComm, or used by GardenComm with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the website may save and use information contained on the website only for personal or other noncommercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing, of Site information may be made without the prior written permission of GardenComm, which may be requested by contacting GardenComm at info@gardencomm.org.

Limitation of Liability

In no event shall GardenComm or its officers, directors, members, staff, or agents, be liable for any damages of any kind, including, without limitation, any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the website or any content appearing on the website.

Disclaimer

GardenComm makes no warranty, guaranty, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the website, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of propriety rights. The information, opinions, and recommendations presented within the website are for general information only. Such information should not be considered medical advice and is not intended to replace consultation with a qualified physician. Unless specifically stated otherwise, GardenComm does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the website, and information from the website should not be referenced in any way to imply such approval or endorsement. Moreover, GardenComm makes no warranty that the website, or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. GardenComm expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use, the website or the information presented on the website. In any jurisdiction that does not permit such a disclaimer of liability, GardenComm’s liability shall be limited to the greatest extent allowed by applicable law.

Links

Links or pointers connecting the website with other websites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by GardenComm of the linked site, the organization or individual operating the website, or any product, service, individual, or organization referenced in the website. In general, any website that has an address (or URL) that does not contain “gardenwriters.org” is a linked website. The content of any linked site does not necessarily reflect the opinions, standards or policies of GardenComm. Linked sites are not under the control of GardenComm, and GardenComm is not responsible for the content of any linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.

DMCA Notice and Takedown Procedures

GardenComm abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, GardenComm may remove or disable access to material on the website that is claimed to be infringing, in which case GardenComm will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the website, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants GardenComm and users of the website the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the website infringes on his or her copyrighted work should contact GardenComm at info@gardencomm.org or 951-899-5015 to request removal.

Choice of Law and Forum

This Agreement is entered into and performed in the State of California, United States of America, and is governed by the laws of California, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to gardencomm.org, each party irrevocably submits to the exclusive personal jurisdiction of the state courts located in Riverside County, California, or United States District Court, whichever has jurisdiction, and each party waives any jurisdictional venue or inconvenient forum objections to such court.

Complete Agreement

If any provision or provisions of this Agreement are held by a court or other tribunal of competent jurisdiction not to be enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. These Terms of Use supersede any other statements included elsewhere on the website, which are inconsistent or conflicting with these Terms of Use.

Amendments

GardenComm reserves the right to modify or change the terms and rules for use of the website as it determines from time-to-time in the best interests of GardenComm. Use of the website constitutes the user’s continuing agreement to be bound by these Terms of Use as they are amended from time to time.