THE FOLLOWING TERMS of use (the “Terms of Use”) provide the rules that apply to your use of https://awaytogarden.com and other websites owned by Margaret Roach Inc. (collectively the “Websites”). From time to time, Margaret Roach Inc. (referred to below as “we” and “us”) may change the Terms of Use by posting such changes on the Websites. BY USING THE WEBSITES, YOU ACCEPT AND AGREE TO THESE TERMS OF USE. If you do not agree to these Terms of Use, please do not access or otherwise use the Websites.
What we are about – and what we’re not:
The Websites feature stories about gardening, providing information and inspiration about plants, practices and design ideas for creating organic food and ornamental gardens, specifically in a cold-winter climate zone. We may occasionally spotlight new plants or products but don’t endorse any particular manufacturer or business per se and may not have personal experience with the products discussed. The driving force behind the Websites is a home gardener and longtime garden writer, not a licensed landscape designer or contractor.
You should do your own research before making any decisions about whether to buy the products from or work with a particular business, as they may not be right for your climate or conditions.
The Websites feature occasional interviews with, or suggestions from readers or others. The Websites do not necessarily endorse their positions or advice.
We all care very much about managing environmental and safety issues properly, so when undertaking a home-gardening project, be sure to familiarize yourself with and use recommended best practices. For example, your state or county Cooperative Extension may provide more detailed information particular to your location.
While we endeavor to monitor content daily, we cannot be responsible for offensive comments on a 24/7 basis. In addition, we cannot and do not endorse any comment or verify or be responsible for its validity.
Enjoy our Websites, but do not lose track of your common sense.
Permitted Uses and the Basic Website Etiquette:
• Participation in the Websites is limited to those users who are at least 14 years old.
• You may access and view the content on the Websites on your computer or other device for your personal, non-commercial use.
• You may comment on posts in the blog. This does not require registration. But your first comment requires moderation, generally as a measure to prevent spam. It will not appear live until it has been approved.
• Comments that link back to a commercial enterprise and appear to the moderator to have been posted for the primary purpose of promoting that enterprise will not be approved.
• You need to read the Terms of Use before participating in the Comments.
• Key to successful participation as a Commenter is: civility. Please respect others and their choices.
• From time to time, users of the Websites will communicate directly with Margaret Roach. These communications should be considered submitted materials, subject to the Terms of Use, as discussed in detail below.
Prohibited uses:
• All other commercial distribution or exploitation of the Websites, their content or components, is prohibited without our express written permission.
• Unauthorized posting or downloading or other unauthorized use of material on the Websites may violate copyright and other laws.
• Please do not post, submit, or otherwise publish anything that is illegal, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, or is not in keeping with the spirit of the Websites and our community.
• Please do not interfere with the operations of the Websites or others’ use and enjoyment of them.
• Please do not use the websites to encourage conduct that would be a crime or otherwise violate the law or trigger civil liability.
• Please do not do anything that would infringe on the rights of third parties including, intellectual property rights and rights of privacy or publicity.
We reserve the right, without notice or liability, to:
• disclose any information that we possess control as may be necessary to satisfy any law, regulation, or legal request;
• edit, refuse to post, or remove any comment or material that does not follow the Terms of Use, or that we find objectionable for any other reason, known or unknown; and
• block your access to the Websites, if you do not follow the rules in our Terms of Use.
Proprietary rights:
• As between you and us, we own, solely and exclusively, all right, title, and interest in and to the Websites, including their content, components, and look and feel. Your use of the Websites does not grant to you ownership of any their content or components.
• All the trademarks, service marks, trade names, and logos (collectively the “Trademarks”) displayed on the Websites belong to us or are the property of their respective owners, and may not be used without the written permission of the respective owner.
• If you publish a blog or website, you may use a single image from any post as long as you (1) Index the photo back to the original post, that is, insert a link within each image back to the AWayToGarden.com post where it was originally featured & (2) Provide a linked credit citing AWayToGarden.com. If you would like to use more than one image in a digital link-back, or if you are a commercial interest, or if you would like to use an image in any other medium, please send your request to awaytogarden [at] gmail [dot] com.
• Any syndication of content except for personal use such as in a reader is strictly prohibited.
User Information:
• Our Privacy Policy is part of our Terms of Use and explains our policies on the collection and use of personally identifiable information from our users.
• Your use of the Websites shall constitute your acceptance of the terms and conditions in our privacy policy.
Materials you submit:
• Please do not post or send us any confidential, secret, or proprietary information. We cannot guarantee that we will treat your secrets in the manner you might expect or desire.
• By posting or sending materials to us, including e-mail communications, you:
o represent and warrant that you have all rights necessary for the publication, distribution, display, broadcast, and other use of the materials under the Terms of Use;
o grant us the rights, without payment of any royalty, to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise use the materials as we see fit and for any purpose; and
o acknowledge that we cannot be responsible for preserving any materials that you provide and may delete or destroy any material at our convenience.
Third Party Websites:
The Websites have links to third party websites and third party websites may link to the Websites. We have no responsibility for the information, content, products, services, advertising, components or other materials on those third party sites.
Copyright Agent:
We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our Copyright Agent under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2),
Margaret Roach, Copyright Agent
Margaret Roach Inc.
e-mail: awaytogarden [at] gmail [dot] com
So that we can respond to your concerns, please send along the following in your notice to us:
• 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 are covered by a single notification, a representative list of such works.
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
• Your contact information, such as an address, telephone number, and, if available, an electronic mail 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 notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Indemnification:
You agree to defend, indemnify, protect and hold us (Margaret Roach Inc.) and our members, affiliates’, employees and agents harmless from any and all claims, liabilities, costs and expenses, including attorneys’ fees, arising in any way from your use of the Websites, your transmission of any message, content, information, code, or other materials through the Websites, or your breach or violation of the law or of these Terms of Use, including, without limitation, claims for copyright infringement, intellectual property infringement and/or royalties, including all legal expenses and disbursements incurred by. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You agree to provide us upon request, all necessary documentation for a supplied data source, including all pertinent copyright and licensing information.
DISCLAIMER OF WARRANTIES:
THE WEBSITES, INCLUDING, WITHOUT LIMITATION, ALL OF THEIR SERVICES, CONTENT, AND MATERIALS ARE PROVIDED “AS IS,” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL WARRANTIES CONCERNING THE ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO CONTENT, OR AUDIO CONTENT FROM THE WEBSITES. IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOUR SOLE REMEDY IS TO STOP USING THEM.
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR MEMBERS, EMPLOYEES, OR AGENTS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE WEBSITES, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF USE OR YOUR USE OF THE WEBSITES EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEBSITES.
Termination:
We may stop, change, suspend, or otherwise alter any aspect of the Websites or their services at any time. We may restrict, suspend, or terminate your access to the Websites and/or their features if we believe you are in breach of our Terms of Use or applicable law, or for any other reason without notice or liability.
Changes to Terms of Use:
We reserve the right, at our sole discretion, to change the Terms of Use at any time. Changes in the Terms of Use will be effective when posted. Thereafter, your continued use of the Websites will considered acceptance of those changes.
Miscellaneous:
The Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of New York, United States of America, without regard to conflicts of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in Columbia County, New York, United States of America. You agree to submit to the personal and exclusive jurisdiction of the courts therein. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.
If you have any questions, email us at awaytogarden at gmail dot com.
These Terms of Use were revised on October 19, 2019.
