Gardening Leaves is a plant nursery located at gardeningleaves.com. We are dedicated to serving both individual home gardeners as well as property owners in our community, and we aim to grow healthy, attractive plants for all of our customers year-round. Please carefully review the terms and conditions set forth below before using this website or placing an order or purchasing any products or services offered by us.
Access to the Site
Subject to these Terms. You are granted a limited, revocable, and non-exclusive permission to access the website solely for your personal use. We grant you this permission on a temporary basis and with express prohibition of making it last longer than one session and with no implied right of ownership in any way intended. You do not get a transferable permission to the website other than what is listed above. If we find you have abused your permission, it may be revoked altogether without warning.
Certain Restrictions. The rights granted to you through these terms are restricted by the following limitations: (a) you may not sell, rent, lease, transfer, assign, distribute or give away any part of our site or the content. (b) You may not alter in any way our site or disassemble or decompile it or try and build a similar website using our content. Under no circumstances can you host any part of our site on another server without explicit written permission from us. (c) Except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed or transmitted in any form or by any means unless otherwise indicated. Except where permitted by law.
We reserve the right to change, suspend or discontinue any aspect of the Site at any time without notice. Your continued use of the Site following any such change will be subject to the terms and conditions in force at the time of your use. You authorize us not to be responsible for you or any third-party for any change, interruptions of service or loss resulting from our modification, suspension or discontinuance of any feature on this Site.
No Support or Maintenance. By agreeing to these Terms, you understand and agree that Company does not provide technical support for this site, and that the owners of all rights related to the website (including intellectual property rights) are Company or the company’s suppliers. The Site is only to be used for your personal entertainment, and you may not take any part of the website for commercial use without authorization.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. There may be Google Ads displayed on this site. We have no control over what their ads say, or what sites they link to. Such third-party links and ads are not under our control, and in such instances we do not warrant or represent the accuracy, safety potential, or legality of any such advertiser’s goods or services. Any services featured on the Website ought not be construed as an endorsement of those features. DewHQ has no control over any Third-Party Links & Ads, nor is necessarily vouching for their safety, legality or reliability. It’s our recommendation that you use extra caution before utilizing any Products & Services found on the Website. If you do decide to visit a particular Third-Party Link & Ad, then just know that your dealings with third parties will be governed by their respective terms and policies (for example, payment processing services may have different privacy policies than we do).
Other Users. Each user on this site is solely responsible for any and all of their content. Because we do not control the information that users post, you acknowledge and agree that we are not responsible for any content, whether provided by you or others. If there is a dispute between users, we are under no obligation to become involved.
We hereby release and forever discharge the providers and owners of any website mentioned by us, including the Company itself and our officers, employees, agents, successors, and assigns from claims which they might otherwise have against us by virtue of any comments we leave on any website. If you’re a California resident you hereby waive any civil code section 1542 in connection with the foregoing, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Limitation on Liability
Under no circumstances, including negligence, will company or our suppliers be responsible for any direct, indirect, special or other consequential damages that result from the use of or inability to use the site, products or services available through companies site. Access to and use of the site is at your own risk. The foregoing limitation of liability shall apply in regardless of whether the damages arise out of breach of contract, tortuous behavior, including negligence, statutory obligations or otherwise.
To the full extent permitted by law, no matter what passed between us before today, nothing in this agreement will limit our liability to you from certain kinds of damages that cannot be excluded or limited under Ghanaian law. In any case, however, we agree that your total claim for damages cannot exceed 50 USD. The existence of more than one type of damage will not enlarge this limit. We agree that for all requests for payment, our suppliers are released from all liability arising from or relating to this agreement.
Term and Termination.
These Terms will remain in full force and effect while you use the Site. We may terminate or suspend your rights to use the Site at any time for any reason at our sole discretion, including for any violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. As per our agreement (in Section 10), we will not be held liable for any of your content and you should take steps to make sure that the quality of the creative material you provide us with is up to Par if not better. Even after our client and customer rights in Section 2 through 5 are terminated, Sections 1, 6 and 7 will remain in effect for a period of two months so as to ensure we protect all parties involved.
Company respects the intellectual property of others and asks that users of our Site do the same. To ensure that everyone is aware of our policies, we have adopted and implemented a formal policy concerning copyright law here. We take copyright issues very seriously and aim to protect the copyrights of others. If you believe that your IP rights have been infringed upon, kindly forward the following information to our Escalations and Copyright Infringement team:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please be advised that pursuant to 17 U.S.C. § 512(f), any misrepresentation of alleged copyright infringement in the form of a written request is regarded as defamation and could result in according liability which may include damages, costs, and attorneys’ fees pursuant to 17 U.S.C. § 512(f).
These terms are subject to occasional revision and we will always let you know when that happens via the email address provided by you. We could also post the changes on our Site . It’s important that your email address is valid at all times because we want to be able to reach out to you if there is a change in the Terms so that you can read through it! Any changes to these Terms will be effective upon the earliest of my noticing you on said terms and conditions thirty (30) calendar days following our dispatch or sending notice of recent changes in the same way. These changes will be effective immediately for new users of our site including people like you who use this site from now on. Continued use of the property following notification (30 days after dispatch) shall indicate your acknowledgement of such modifications, as well as agreement with any new terms and conditions. Dispute Resolution: Please read this Arbitration Agreement carefully. If any dispute arises out of or relates to these Terms, including any question regarding its existence, validity, termination or breach thereof, the parties shall endeavor first to resolve such dispute amicably.
Applicability of Arbitration Agreement.
All commerce conducted by any merchant no matter how big or small and which is connected to your business including this blog should be taken care of. Any and all disputes can be resolved via arbitration if you have a dispute with me as a customer whether it’s about a product you purchased, your loan or anything else for that matter. Court proceedings must be pursued if the amount in dispute is higher than $100,000 in accordance with Federal Rules of Civil Procedure11 but participants do not have to pay any kind of filing fees. All arbitration proceedings should take place in Los Angeles County, California and follows the FAA under applicable rules unless otherwise agreed upon by both parties.
We are also available for other things even outdoors. You can have a chat with us or have a whiskey before you go to the pool, we’re up for it. Don’t hesitate to reach out if you would like some help!
Any arbitration may be commenced in either El Paso County, Colorado or the SaaS Company’s principal place of business, at the option of the party seeking relief. If a dispute arises regarding any arbitration proceedings held in El Paso County, Colorado you agree to submit to the jurisdiction of, and agree that venue is proper in, the courts located in El Paso County, Colorado. Furthermore, you agree to accept service of process by mail at your address provided as part of your account or by electronic communication or facsimile at the last electronic or facsimile-based contact information provided as part of your services. Any further action against individual arbitrators shall be brought solely in Ordinary County Court located within El Paso County. Parties may agree that arbitration should be conducted via telephone, online or be solely based on written submissions, which is case they will decide the rules of any such proceeding. Any claim can be taken to court and arbitration only occurs with both parties’ consent.If you live outside of the United States, then the arbitrator shall give you and the company reasonable notice of their decision in writing. However, it is important to note that if the arbitrator’s decision is against what you believe is fair, you may challenge that ruling. Additionally, if the arbitrator grants you a larger settlement amount than what was previously extended to you by the company in writing prior to initiating arbitration (a “walkaway”), then the company will pay that amount. Despite this arrangement, both parties still have a duty to negotiate reasonably with each other throughout any proceeding set in place by an impartial mediator or as established by law.
Additional Rules for Non-Appearance Based Arbitration.
If the parties decide to resolve their dispute through arbitration, it will be handled this way: An arbitrator will make an official decision based only on the accounts of each party which they provide. The arbitration won’t involve one or both parties meeting up in person with others involved in the dispute.
Time Limits. By participating in arbitration, you or the Company (i.e., the business itself) agrees that any arbitrated dispute is an individual dispute, and will not be consolidated or joined with any claim made by others in any arbitration. You also agree that you or the company may not participate as a representative of a class or in a consolidated or representative proceeding, whether as a named party or otherwise.
Authority of Arbitrator. If arbitration is initiated, you and the Company will cooperate with one another in selecting an arbitrator. You and the Company will pay for their fees to equal split. The arbitrator shall have the authority to decide all issues of dispute submitted under this Arbitration Agreement, except that issues relating to arbitrability, the scope or enforceability of this agreement to arbitrate and issues relating to the validity, enforceability or scope of any of your or Company’s intellectual property rights (“IP Rights”) or those of any affiliate(s) or parent are for a court of competent jurisdiction to decide. The arbitrator shall have the right (1), but not the obligation, to conduct hearings, keep records of proceedings and make written findings on any matter submitted to it.The arbitrator shall issue a written award based on the case made by each party to the dispute and articulate his or her basis for it. The court of law has ultimate authority to settle disputes and the arbitration shall not be allowed to change any law or act passed through the judiciary. The award issued is binding upon you and the Company
Waiver of Jury Trial. Parties to this agreement are giving up the right to go to court (and have a trial before a judge or jury) and elect instead to use arbitration to resolve disputes. Arbitration proceedings are usually much more limited, efficient, and cost-effective than trials in court would be. Instead of a judge or jury, the cases will be decided by a neutral arbitrator. If any litigation should arise between you and Company, it will be handled by binding arbitration according to the Federal Arbitration Act. Each party will have one opportunity to present evidence in the arbitration process.
Waiver of Class or Consolidated Actions. We use the term Class Action for a reason. A class action is an important legal device through which an individual or small group can make a large group aware of certain actions or conduct directed at them, and seek change.
Confidentiality. The arbitration proceedings shall be strictly confidential and the parties partipicate in the arbitration shall not reveal any detail about the proceedings unless forced to by law. Dispute settlement under this agreement remains open and neither participants nor anyone else involved in factoring these issues can prevent any detail or information regarding the settlement from being divulged to an appropriate court of law if needed throughout the dispute settlement process which is especially likely to happen in situations where neither party agree on a specific course of action during the resolution process and each party wants their own way claiming that their ideas are best suited for resolving this content or allowing it to be terminated by mutual compromise.
Severability. If any one or several parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, such specific parts shall be of no force and effect and shall be severed, with the remainder hereof continuing in full force and effect.
Right to Waive. All of the terms and conditions outlined in this agreement may be contradicted by anyone. Such a request will not have an effect on any other point made in the original document.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.
Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.
Emergency Equitable Relief. To that end, in the event of an emergency such as a flood, earthquake or fire, either party may seek immediate relief with the court so as to maintain the status quo and prevent any unnecessary damages until arbitration is scheduled. We agree that filing a motion for interim measures shall not be considered a forfeiture of rights under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing: The parties agree that the dispute shall be submitted to arbitration in Bellevue, Washington under the auspices of the ECIS Consortium and administered by a mutually agreed-upon arbitrator. Evidence collected, procedures occasioned and orders imposed all occur outside of court.
In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.
Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These terms go over a brief summary of the information and services you can expect from us. If you still have questions that aren’t covered, please reach out to us. We’ll be happy to get in touch with you.You’ll be working on a contract basis for our company. Neither party will be the agent of the other, nor shall either party have power or authority to enter into agreements on behalf of the other or to authorize commitments or obligations on behalf of the other in any manner whatsoever. You cannot transfer this agreement to someone else. Our company may freely transfer these terms, or we could terminate them at any time if we see fit. Anyone who has signed this agreement is also bound by it if we decide to do so in the future, for example if you submit an article that is plagiarized immediately after it’s published.
Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Phone no: 03068499241