This website (the “Website”) is operated and owned by LivelyGardening. (“LivelyGardening”, “we”, “us” or “our”). LivelyGardening is committed to protecting and respecting your privacy.
Please read these Terms of Service carefully before accessing or using this Website as they contain important information regarding your legal rights, remedies and obligations. By accessing or using any part of this Website, you agree to be bound by these Terms of Service. These Terms of Service apply to all users of this Website. If you do not agree to all the provisions of these Terms of Service you may not access or use this Website or any of the services provided by this Website (“Services”).
LivelyGardening reserves the right to update, amend or replace any part of these Terms of Service by posting updates and/or changes to this Website. You waive any right you may have to receive specific notice of such changes or modifications. Please be informed that by continued use of this Website you will be bound by any further revision of these Terms of Service as published on this Website. You should therefore check these Terms of Service every time you access or use this Website.
ACCESSING THE WEBSITE
This Website may only be used by natural persons, companies or other legal entities who have the legal capacity to enter into legally binding contracts under the law applicable in their country of residence. By agreeing to these Terms of Service, you represent that you are of legal age in your country of residence. You may not use this Website and/or any of our products and services provided by this Website for any illegal or unauthorized purpose.
ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION, SERVICES, PRODUCTS.
LivelyGardening may provide information about or links to third party products or services on this Website or may run third party advertisements or promotions on this Website. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions. All the information presented on this Website or Services are provided by LivelyGardening to you without any warranties or guarantees. Any warranties or guarantees may be implied only by law and to extend permitted by law. In particular, LivelyGardening does not guarantee the accuracy, reliability, performance of completeness and/or suitability of any information, services and/or products provided by us to you through this Website.
We will use our best efforts to ensure you that any information placed on this Website is obtained from the resources which are likely to be reliable. LivelyGardening has no obligation to update any information on this Website and does not guarantee either completeness or accuracy of such information. LivelyGardening shall not be responsible for any use or interpretation of such information. None of the information constitutes legal, financial or investment advice.
All the information placed on this Website is provided exclusively for your guidance and should not be relied upon or used as the sole basis for making decisions. Your use of any information presented on this Website, or this Website or any of Services is solely at your own risk.
This Website may contain some kind of historical information. Historical information is not necessarily current or accurate and is provided for your reference only.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services.
OPTIONAL TOOLS
We may provide you with access to optional third-party tools (“third party tools”, “optional tools”) over which we neither monitor nor have any control. You acknowledge and agree that we provide access to such optional tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional tools. Any your use of optional tools offered through this Website is entirely at your own risk and discretion and you should ensure that you have read, understood and accepted the terms on which optional tools are provided by the relevant third-party provider(s) before using them.
THIRD-PARTY LINKS
Certain content, products, and services available through this Website may include materials from third-parties. Third-party links on this Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating any third party content or its accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to such third-party.
USER COMMENTS, FEEDBACK, AND OTHER COMMUNICATIONS
Any communications or materials of any kind that you e-mail, physically mail, telephone or otherwise transmit through the Website, including your comments, feedbacks, other information, questions or suggestions (“User Communications”) will be treated as non-proprietary and non-confidential.
LivelyGardening reserves the right and may use User Communications in any way and on its sole discretion either on the Website or elsewhere with no liability or obligation to you.
LivelyGardening may monitor any User Communications for the security purposes. We shall not be responsible for any costs, damages, expenses or any other liabilities incurred as a result of its monitoring activities.
We may, but have no obligation to, monitor, edit or remove any User Communications that we determine unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or such that violates these Terms of Service or any third party rights.
You agree that your comments or any other communication shall not violate any right of any third party (including without limitation copyright, trademark, privacy, personality or other personal or proprietary rights). You also agree that your comments shall not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Website or related Services. You agree that you shall not use false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for any comments posted by you or any third-party on this Website.
PERSONAL DATA
LivelyGardening processes information about you in accordance with its Privacy Policy.
You have to accept our Privacy Policy before using this Website or any related Services. View our Privacy Policy
ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to any information presented on this Website (including without limitation product descriptions, pricing, promotions or offers). We reserve the right but have no obligation to correct any errors, inaccuracies or omissions, and to amend or update information if any information on this Website at any time without prior notice.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of this Website or Service at any time due to your performing of any of the prohibited uses or violation of these Terms of Service.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of this Website or Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of this Website or Services will be accurate or reliable.
You agree that from time to time we may remove any Services for indefinite periods of time or cancel the Services at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
LivelyGardening or its affiliated persons shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of this Website or any of the Services. Where some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless LivelyGardening and its affiliates (including without limitation parent companies, subsidiaries, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees) from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
These Terms of Service are effective unless terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use this Website or any of Services. You also may terminate these Terms of Services by ceasing your use of this Website.
In cases when we know you have failed or we have grounds to consider you have failed, or we suspect that you have failed to comply with any term or provision of these Terms of Service, we also may terminate your use of this Website or Services at any time without notice.
ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver from such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us. These Terms of Service govern your use of this Website an any of Services and supersede any prior agreements, communications and proposals, whether verbal or written between you and us (including without limitation any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States.
INTELLECTUAL PROPERTY
All materials published on this Website are protected by copyright laws and may not be reproduced, republished, distributed, transmitted or otherwise exploited in any manner without the express written permission of LivelyGardening.
In the event you believe that any content posted on this Website infringes your copyright or other intellectual-property rights, please contact us at: info@livelygardening.com
CONTACT DETAILS
If you have any questions or concerns about these Terms of Service please feel free to contact us at any time via email: info@livelygardening.com