Conditions of Use

Welcome to the Garden Worms website (the "gardenworms.com Website"), a site owned and operated by Garden Worms and its affiliates ("Garden Worms").

These Terms of Use, along with policies and guidelines located throughout the Garden Worms Website identify what users of the Garden Worms Website ("Users") can expect from Garden Worms, Garden Worms Providers (as defined below) and the Garden Worms Website and what we expect from Users. By accessing any areas of the Garden Worms Website, Users are deemed to have accepted these Terms of Use and other policies and guidelines identified throughout the Garden Worms Website.

I. ONLINE CONDUCT

User agrees to use the Garden Worms Website only for lawful purposes. User is prohibited from posting on or transmitting through the Garden Worms Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

If Garden Worms is notified of any material on the Garden Worms Website (collectively "Content") provided by User (e.g., through an online review) that is allegedly infringing, defamatory, damaging, illegal, or offensive, Garden Worms may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Garden Worms Website. Garden Worms may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Garden Worms Website; or (iii) to protect the rights or property of Garden Worms and its officers, directors, employees, agents, third-party content providers, merchants, sponsors, and licensors (collectively, "Garden Worms Providers") and any other User.

Garden Worms reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, Garden Worms, the Garden Worms Website, the communities that make up the Garden Worms Website, or any rights of Garden Worms or any third party, or to violate any applicable law. Notwithstanding the foregoing, no Garden Worms Provider can ensure prompt removal of questionable Content after online posting. Accordingly, no Garden Worms Provider shall assume liability for any action or inaction with respect to conduct, communication, or Content on the Garden Worms Website.

II. PRIVACY POLICY

Garden Worms respects the privacy of its Users. The terms and conditions of the Garden Worms Privacy Policy are incorporated herein by reference.

III. TRADEMARKS

Gardenworms.com, is a service mark of Garden Worms or its licensor. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Garden Worms and its licensors used on the Garden Worms Website may not be used without prior written consent of Garden Worms or its licensor, as the case may be. Without limiting the foregoing, no Garden Worms trademark or trade dress may be used in connection with any product or service that is not Garden Worms', in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits Garden Worms.

IV. CONTENT

a. Proprietary Rights

User acknowledges that the Garden Worms Website contains Content that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Garden Worms owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

b. Distribution/Uploading Of Third-Party Content

Except as set forth in paragraph a. above, User may upload to or otherwise distribute on the Garden Worms Website only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. No Garden Worms Provider will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Garden Worms at info@gardenworms.com. By submitting Content to any User-submit areas, including, without limitation, any User product reviews User automatically grants, or warrants that the owner of such Content has expressly granted Garden Worms Providers, the royalty-free, perpetual, irrevocable, right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the Garden Worms Website retains any and all rights which may exist in such Content. c. Third-Party Content

Garden Worms is a distributor and not a publisher of Content supplied by third parties and Users. Garden Worms has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including any other User, are those of the respective authors or distributors and not of Garden Worms or its affiliates or any of their officers, directors, employees, or agents. No Garden Worms Provider guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Garden Worms Website represents the opinions and judgments of the respective third party providing such Content. Garden Worms neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Garden Worms Website by anyone other than Garden Worms . Under no circumstances shall Garden Worms , or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User's reliance on information obtained through the Garden Worms Website. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the Garden Worms Website.

d. Export

The U.S. export control laws regulate the export and reexport of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations -- including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Garden Worms Website to either a foreign national or a foreign destination in violation of such law.

V. AGE OF USERS

Garden Worms does not intend the Garden Worms Website to be used by minors under the age of 13. Furthermore, Garden Worms does not market the Garden Worms Website for use by minors under the age of 13. Garden Worms relies upon parents or guardians of Users under the age of 18 to determine if any content or items available on the Garden Worms Website are appropriate for view or access by such Users.

VI. TERMINATION OF USAGE

Garden Worms may suspend or terminate any User's access to all or any part of the Garden Worms Website including any account thereon, without notice, for any reason in Garden Worms ' sole discretion, including without limitation Garden Worms ' belief that such access would violate any applicable law or would be harmful to the interests of any Garden Worms Provider or another User.

VII. PASSWORD SECURITY

Every User is responsible for (i) keeping such User's Garden Worms account password confidential and (ii) restricting access to such User's computer. Each User agrees to accept full responsibility for all activities that occur within such User's Garden Worms account.

VIII. DISCLAIMERS AND LIMITATION OF LIABILITY

THE Garden Worms WEBSITE IS PROVIDED BY Garden Worms PROVIDERS ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH Garden Worms PROVIDER DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WITHOUT LIMITING THE FOREGOING, NO Garden Worms PROVIDER MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF THE Garden Worms WEBSITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE Garden Worms WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE Garden Worms WEBSITE; OR (IV) THAT THE Garden Worms WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF Garden Worms ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO Garden Worms PROVIDER GUARANTEES THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE Garden Worms WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE Garden Worms WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF ANY Garden Worms PROVIDER.

UNDER NO CIRCUMSTANCES SHALL ANY Garden Worms PROVIDER BE LIABLE FOR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE Garden Worms WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE Garden Worms WEBSITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO Garden Worms ' RECORDS, PROGRAMS, OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE Garden Worms WEBSITE.

NO Garden Worms PROVIDER WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF THE Garden Worms WEBSITE OR THE PURCHASE OF ANY PRODUCT THEREFROM, EVEN IF SUCH Garden Worms PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

IX. SEVERABILITY

The provisions of these Terms of Use are intended to be severable. If for any reason any provision of these Terms of Use shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

X. APPLICABLE LAW; JURISDICTION

This site is created and controlled by Garden Worms in the State of Arkansas. As such, the laws of the State of Arkansas will govern these Terms of Use, without giving effect to any principles of conflicts of laws.

User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of Arkansas and of the United States of America located in the State of Arkansas for any litigation arising out of or relating to use of or purchase made through the Garden Worms Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Arkansas Courts and agrees not to plead or claim in any Arkansas Court that such litigation brought therein has been brought in an inconvenient forum.

XI. BINDING ARBITRATION

Any controversy or claim arising out of or relating to this Terms of Use (including any breach thereof), the Garden Worms Website, any Content or any item purchased from the Garden Worms Website shall be settled by confidential arbitration in Cabot, Arkansas administered by the American Arbitration Association under its Commercial Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated with any claim or controversy of any other party. The foregoing shall not preclude Garden Worms from seeking any injunctive relief in State or Federal courts located in the State of Arkansas for protection of Garden Worms ' or Garden Worms licensor's intellectual property rights, and you consent to exclusive jurisdiction and venue in such courts.

XII. ACKNOWLEDGMENT

The Terms of Use, including all documents referenced herein, represents the entire understanding between User and Garden Worms regarding User's relationship with Garden Worms and supersedes any prior statements or representations. When using the Garden Worms Website or making a purchase there from, USER AGREES TO BE BOUND BY THESE TERMS OF USE.

XIII. MODIFICATION

Garden Worms reserves the right to make changes to the Garden Worms Website, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on October 21, 2008.
Back
Garden Worms
Login      Shopping Cart