This website (the “Site”) provides online access to information about gardening in New Jersey. D2 Designs and Imprints, LLC is the parent company responsible for the content (collectively “the Company”) and we offer products, services, and other information of general interest to our customers. The Site also provides access to certain online services (the providing of such access and services is collectively called “the Service”).
1. INTELLECTUAL PROPERTY
1.1 Use of Material.
The Service, the Site, and all information and/or contents that you see, hear, or otherwise, experience on the Site (the “Contents”) are protected by U.S. and international copyright, trademark, and other laws, and belong to the Company or its parent companies, subsidiaries, affiliates, partners, contributors, or third parties.
We grant you a personal, non-exclusive, non-transferable license to use the Site, the Service, and the Contents and to download, print, and store portions of the Contents that you select provided that you: (1) use those portions of the Contents only for your own personal, non-commercial use; (2) do not copy or post the Contents on any network computer or transmit, distribute, publish, or broadcast the Contents in any media; and (3) do not modify or alter the Contents in any way or delete or change any copyright or trademark notice. No right, title, or interest in any downloaded Contents or materials is transferred to you as a result of this license. We reserve complete title and full intellectual-property rights in any Contents you download from the Site, subject to the limited license set forth herein for you to make personal, non-commercial use of the Contents.
Except as otherwise provided herein, all rights to all materials, content, layout, images, text, design (and any underlying software and computer codes) of this Website are proprietary to South Jersey Gardening and its affiliates. Users of this Website or of the South Jersey Gardening Support (“you” or “User(s)”) may browse the Website and may download material displayed on the Website for non-commercial, lawful, personal use only, provided all copyright and other proprietary notices contained on the material so downloaded are retained and such information is not modified, copied or posted on any networked computer or broadcast in any media. All other copying, reproduction, posting on any other website, republication, downloading, uploading, encoding, modification, translation, public performance or display, distribution or transmission of any portion of this Website, or the making of any derivative works from this Website, is prohibited.
1.2 User Generated Content.
South Jersey Gardening does not endorse any User Submission or any opinion, recommendation or advice therein, and South Jersey Gardening expressly disclaims any and all liability in connection with any User Submission. You understand and agree that you may be exposed to User Submissions that are inaccurate, offensive or otherwise objectionable, and you hereby agree to waive and hereby do waive any legal or equitable rights or remedies you may have against South Jersey Gardening with respect thereto. South Jersey Gardening may provide links to websites owned or operated by third parties. South Jersey Gardening does not endorse the content or any products or services available on such websites and is not responsible for such content or its security. Your linking to any other websites from this Website is at your own risk.
1.3 User Account.
You are the sole authorized User of any account you create with South Jersey Gardening. You are responsible for maintaining the confidentiality of any password or account number provided by you or South Jersey Gardening for accessing the Support. You are solely and fully responsible for all activities that occur under your password or account. South Jersey Gardening has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account, you will notify South Jersey Gardening immediately.
2. ONLINE SHOPPING AND OTHER TRANSACTIONS
2.1 Applicable Terms.
2.2 Shopper Registration & Transaction Processing.
Currently all payments are processed off-site by a 3rd-party such as Gumroad or PayPal.
Any account that you create or problems that you encounter with billing must be directed to the payment processor, not South Jersey Gardening.
If you have any questions regarding a payment, you can contact us to help direct you.
2.3 Offer and Acceptance.
2.4 Product Prices, Taxes, and Other Charges.
If the Company accepts your order, you will be charged for the Products you select at the prices quoted to you when you submit your order, except as otherwise provided below as to substitutions and Products sold by weight. You are responsible for paying all applicable sales taxes, use taxes, or any other taxes or governmental assessments on your purchases of Products (“Taxes”), and you will be charged for those Taxes. You may also be charged a handling fee, and other charges at the amounts quoted to you when you submit your order. The Company reserves the right, at any time and without notice, to change Product prices, handling fees, and any other charges having to do with the online shopping services and to add additional fees and charges for the online shopping services.
The total amount to be paid by you for your order will be the sum of the prices for the Products you select, all applicable Taxes, handling charges, and other charges, as reported to you as the order total. Your payment for that total amount is due when you submit your order. You hereby authorize the Company to charge that total amount to the payment service or credit card you designate when you submit your order and to collect that amount from the payment service or credit card issuer as applicable. You agree to pay that amount to the Company if the Company cannot collect it from the payment service or credit card issuer for any reason or if you select the option for in-store payment and product pick up, when available.
The Company will conclusively presume that online communications received from you through your use of the online order and registration processes are accurate, complete, and authorized by you as received by the Company. You agree not to contest the validity and binding legal effect of these communications.
2.7 Product Information.
Any nutritional information or other information on the Site or within our Products is provided by the Company “AS IS,” and the Company makes no warranties about the accuracy or completeness of that information. If you rely on that information, you do so at your own risk. If you have questions about a Product, refer to product information included or contact us.
You must be at least 18 years of age to use the Company’s online shopping services.
2.9 Right to Refuse Service.
The Company, at its sole discretion and without notice, may refuse at any time to allow any person to use the online shopping services and may terminate at any time any person’s use of the online shopping services or access to our e-mail list.
2.10 Online Shopping Not Available in All Areas.
The Company’s online shopping services may not be available for all items or in all markets or areas. The Company, acting in its sole discretion, may discontinue its online shopping services for any item or in any market or area, without giving you notice.
3.1 Third Party Links.
3.2 Third Party Contents.
The Site may contain information or contents provided by users of the Site and other parties not related to the Company. The presence of such third party information and contents does not constitute or imply an endorsement, sponsorship, or recommendation by us of the third party or such information or contents. You acknowledge and agree that we are not responsible for the availability of any such information or contents and that the Company does not endorse or warrant, and is not responsible or liable for, any such information or contents.
3.3 Downloading Files.
The Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free from infection by software viruses or other harmful computer code, files, or programs. All risk as to the quality and performance of the Site and the Service and the accuracy of the Contents shall be borne solely by you.
3.4 Promotional Offers and Programs.
From time to time the Site may provide information about promotional offers and programs that the Company markets or sponsors, alone or in connection with others. It is not always possible to include all the details concerning such offers or programs on the Site. Detailed information about such offers or programs will be available at your participating Company locations, and we encourage you to review this information before participating in any promotional programs. Promotional offers are subject to federal, state, and local laws and are void where prohibited.
3.5 International Use.
The Company makes no representation that the Contents are applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents, and online conduct.
4. RIGHT TO CHANGE SITE, CONTENTS, AND SERVICE
The Company, at its sole discretion, may change or discontinue all or part of the Site, including any or all of the Contents or the Service, at any time, without giving you notice.
5. RIGHT TO TERMINATE ACCESS
The Company, at its sole discretion and without notice, may deny any person access to, or use of, all or part of the Site, including any or all of the Contents or the Service, and may terminate any person’s access to, or use of, all or part of the Site, including any or all of the Contents or the Service.
6. DISCLAIMER OF WARRANTIES
The company makes no express or implied warranties, representations, or endorsements whatsoever with respect to the site, the service, or the contents. We expressly disclaim all warranties of any kind, express, implied, statutory, or otherwise including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and noninfringement with regard to the site, the service, and the contents. The company does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure, or error-free or that defects in the site or the service will be corrected. The company does not warrant the accuracy or completeness of the contents or that any errors in the contents will be corrected. The site, the service, and the contents are provided on an “as is” and “as available” basis.
7. LIMITATION OF LIABILITY
You understand and agree that under no circumstances will the company be liable for any damages whatsoever including, but not limited to, any direct, indirect, incidental, consequential, special, punitive, exemplary, or other damages arising out of, or having to do with: (i) the use of, or inability to use, the site, the service, or the contents; (ii) any transaction conducted through, or facilitated by, the site; (iii) any claim attributable to errors, omissions, or other inaccuracies in the site, the service, and/or the contents; (iv) any unauthorized access to, or use, disclosure, or alteration of, your transmissions or data including, without limitation, your personal health information or cardholder data; (v) statements or conduct of any third party on the site or the service; or (vi) any other matter relating to the site, the service, or the contents, even if the company has been advised of the possibility of such damages.
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend, and hold harmless South Jersey Gardening, its parent companies, subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary, and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Contents, or any violation by you of the Agreement.
10. USER CONDUCT
You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others, impose an abnormal or unreasonable burden on the hardware or software infrastructure for the Site, or otherwise cause damage to the Site or the Contents. You agree not to add to, subtract from, or otherwise modify the Contents. You agree not to use the Site in any manner that might violate or infringe the rights of any person or entity.
11. USER-SUPPLIED INFORMATION
You may not submit or post any materials to the Site if doing so would be unlawful or would violate or infringe the rights of any person or entity. If you submit or post any materials to the Site, you guarantee to us that you have the legal right to submit or post such materials and that submitting or posting such materials will not violate any law or the rights of any person or entity. You may not submit or post any materials to the Site that (a) are defamatory, obscene, pornographic, vulgar, threatening, harassing, violent, or otherwise objectionable; (b) encourage unlawful, tortious, or unsafe conduct; (c) advertise goods or services; (d) solicit funds; (e) advocate for any political candidate or position; or (f) are chain letters, mass mailings, or “spam.” By submitting or posting materials to the Site, you give the Company the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display, and create derivative works from such materials, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
The Company has the right, but not the obligation, to screen materials submitted or posted to the Site by third parties and to remove or edit any such materials for any reason and without notice.
12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe your work has been copied on the Site in a way that constitutes copyright infringement, please send us an e-mail notification (“the Infringement Notification”) containing all the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single Infringement Notice, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the Infringement Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. GENERAL PROVISIONS
13.1 Entire Agreement/No Waiver.
The Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by us of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
13.2 Correction of Errors and Inaccuracies.
The Contents may contain typographical errors or other errors or inaccuracies and may not be complete or current. The Company therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update the Contents at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies, or omissions will be corrected.
Whenever possible, each provision of the Agreement shall be interpreted so as to be effective and valid under applicable law. If, however, any provision of the Agreement is held to be prohibited by, or invalid under, applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the other provisions of the Agreement.
13.4 Enforcement/Choice of Law.
If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not affect any other provision of the Agreement, all of which will remain in full force and effect. The Agreement shall be governed by, and will be interpreted according to, the laws of the State of New Jersey, U.S.A., without regard to any conflict-of-law provisions.
13.5 Dispute Resolution/Choice of Forum.
Any controversy, claim, or dispute of whatever nature arising between the parties is hereinafter referred to as a “Dispute.” The parties knowingly and voluntarily waive their rights to have their Dispute tried by a jury. The parties recognize that certain business relationships could give rise to the need for one or more of the parties to seek emergency, provisional, or summary relief. Immediately following the issuance of any such relief, the parties agree to the stay of any judicial proceedings of all underlying Disputes. Any Disputes as to rights to injunctive relief or rights relating to intellectual property or confidentiality obligations will be venued in a state or federal court situated in New Jersey, U.S.A., and you hereby irrevocably submit to the personal jurisdiction of such courts for such purpose.
14. QUESTIONS OR ADDITIONAL INFORMATION.