Terms and conditions

Last Updated: 28th May, 2018

These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by Give Garden LLC (“Company,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any organization that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site or otherwise communicated to you.

1.      Privacy Policy. We may collect certain information about you and from your access to and use of the Site as described in our Privacy Policy, which is incorporated into these Terms and describes our information collection, use, and sharing practices.

2.      Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content is exclusively the property of Company or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to Company or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by Company to you under any patent, copyright, trademark, trade secret, or other intellectual property right of Company.

Copyright © 2018 Give Garden LLC. All rights reserved.

3.      Compliance with Laws. In connection with your access to and use of the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct.

4.      Restrictions on Your Use of the Site.

·         You may download and print one copy of the Site’s visible content for your own personal noncommercial use as long as you do not modify or delete any copyright, trademark, or other proprietary notices.

·         You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of the Site or any part of the Site without Company’s prior written consent.

·         You will not use the Site for unlawful purposes.

·         You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief.

·         You will not submit inaccurate, incomplete, or out-of-date information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Company.

·         You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose.

·         You will not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Company.

·         You will not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.

·         You will not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.

·         You will not engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.

5.      Payment Information. Purchases of products or services made through the Site must be made by credit or debit card. Information about our collection and use of payment-related information is described in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our PCI-compliant third-party payment processor. Refunds, if available, are solely the responsibility of Company and are at Company’s sole discretion.

6.      Your Online Account. The Site allows you to order products from us as a “guest” or through an account. However, you will be required to set up an online account in order to use certain features of the Site. If you choose to set up an online account, you will be required to submit certain information to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and password. You will not transfer your account to or share your account with any other person. Your account is personal to you.

7.      Account Suspension, Deactivation, and Termination. Company may, for any reason, at any time, and in its sole discretion, suspend, deactivate, or terminate your account or your use of the Site, or terminate these Terms, without notice or liability, including: if you breach these Terms; upon any unauthorized use of your username, password, or online account; if you act in an abusive manner; if you act in a manner inconsistent with local, state, or federal laws or regulations; or if it becomes no longer commercially viable to provide the Site to you. If we suspend, deactivate, or terminate your account, you may not create another account without our prior written permission. You may terminate your account at any time by contacting us or by selecting that option on the Site where that option is available, but you understand that any User-Generated Content (as defined below) you have provided (for example, blog comments) will both remain in our archives and may continue to be accessible by other Site users. Upon any termination of your account or these Terms you must promptly cease accessing and using the Site.

8.      Product and Service Availability. The prices and availability of products and services made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas. All orders placed through the Site are subject to the applicable terms and policies of our third-party payment processor.

9.      No Warranty. The Site is provided “as is,” “as available,” and without any warranty of any kind. Neither company nor its affiliates, suppliers, or licensors are responsible for providing maintenance or support services for the Site. Company makes commercially reasonable efforts to ensure that all material, data, and other information on the Site (excluding any user-generated content) is accurate and reliable, but neither accuracy nor reliability can be guaranteed. Company does not warrant or guarantee the quality, completeness, timeliness, or availability of the Site. Company does not warrant or guarantee that the Site will be uninterrupted or error-free, that any defects in the Site will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful conditions or components. Company is not responsible for any typographical errors on the Site.

To the maximum extent permitted by applicable law, company expressly disclaims all warranties of any kind with respect to the Site, including without limitation those regarding availability, quality, accuracy, merchantability, fitness for any use or purpose, compatibility with any standards or user requirements, title, noninfringement, and any arising from a course of dealing or usage in trade. Company has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication.

We do not warrant or endorse any user-generated content. All user-generated content is solely the responsibility of the person who provided that user-generated content.

We make no representation that the Site is appropriate or available for use in locations other than the united states. If you choose to access or use the Site from locations other than the united states, you do so at your own risk and you are responsible for complying with applicable laws and regulations.

Your use of the Site is at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks, any loss of data that results from the download of any information from the Site, and any other damage that may be incurred.

No advice or information, oral or written, obtained by you from company or in any manner from the Site creates any warranty.

10.  Limitation of liability. To the maximum extent permitted by applicable law, in no event will company, its affiliates, or its or their respective directors, officers, owners, employees, contractors, representatives, consultants, agents, suppliers, or licensors (together, “company parties”) be liable for any direct, indirect, special, incidental, exemplary, punitive, or consequential loss or damage, or any other loss or damage of any kind, arising out of or in connection with the Site or your access to or use of, or inability to access or use, the Site (including without limitation the input of personal and other information into the Site), whether the claim is based in contract, tort (including negligence), strict liability, warranty, or otherwise, and even if a company party has express knowledge of the possibility of the loss or damage.

Your sole and exclusive remedy is to stop accessing and using the Site.

Without limiting the foregoing, in no event will company parties’ liability to you exceed $100, even if this remedy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions and limitations may not apply to you.

11.  Indemnification. You will indemnify, defend, and hold harmless Company Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, your submission of User-Generated Content, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you. If Company demands indemnity under this section, Company has the right to select legal counsel of its own choosing to represent Company, and you agree to pay the reasonable costs and attorneys’ fees incurred by such legal counsel.

12.  User-Generated Content. The Site may allow you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via the Site, and to respond to content provided by others (together, “User-Generated Content”). User-Generated Content is neither generated nor controlled by Company. Company is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. Please keep in mind that the User-Generated Content you provide may be available to other the Site users as described above.

By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms and that any User-Generated Content you provide will not cause Company to violate any law or regulation. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights. You retain any copyright or other intellectual property right you may have in User-Generated Content that you provide, subject to the license granted to Company below.

User-Generated Content may not be monitored. Company reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. Company also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content. Company has no obligation to archive or otherwise store any User-Generated Content. Company reserves the right to impose limits on Site features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including breach of these Terms.

As between you and Company, you own all User-Generated Content that you provide. If you provide User-Generated Content, you grant Company a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to copy, reproduce, implement, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and distribution methods now known or later developed) that User-Generated Content for any purpose, including developing, manufacturing, and marketing products and services.

13.  Copyright Policy. We may terminate your access to the Site if you infringe upon third-party copyrights. Please contact us if you believe any infringement has occurred. 

14.  Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by Company. Those links are provided as a convenience and Company is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

15.  Linking to the Site. If you operate a website and are interested in linking to the Site: (a) the link must be a text-only link and clearly marked; (b) the link must “point” to the URL "https://give.garden" and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter that furthers the mission of Company; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Company’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Company; and (f) the link, when activated by a user, must display the Site full-screen and not within a frame. Company reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

16.  Feedback. Company welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

17.  Disputes. These Terms are governed by the laws of the state of Arizona, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Maricopa, Ariozona, with respect to any dispute arising under these Terms unless otherwise determined by Company in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts. If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

18.  Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent.

19.  Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Company.

20.  Interpretation. These Terms, including our Privacy Policy, are the entire agreement between you and Company with respect to your access to and use of the Site. Company’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Company. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms inure to the benefit of Company’s successors and assigns.

21.  Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification and limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to or use of the Site.

22.  Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Company may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

23.  Contact Us. Please direct any questions and concerns regarding these Terms to us by email at support@give.gaeden, by telephone at (602) 448-2371, or by mail at 111 E. Dunlap Ave Ste 1-141, Phoenix AZ, 85020