TERMS OF SERVICE DISCLAIMER - The Visitor Agreement
This website is provided to you by The Casual Gardener ("we" or "us"). Please take a moment to read this Visitor
Agreement. By using this website, you accept this Visitor Agreement. Our sites are always evolving; please be
aware that we may change this Visitor Agreement from time to time. By continuing to use this site after we post
any such changes, you accept this Visitor Agreement, as We respect your privacy. Please take a moment to read
our Privacy Policy.
1. Using Good Judgment
We invite you to bring to our attention any content on our site you believe to be inaccurate, inappropriate or the
common sense rules. Please write to us at The Casual Gardener.com.
Use common sense when you use our and anybody else's websites. The content that appears on our sites is for
informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear
from time to time, or you may not have success following the gardening or other advice given because of outside
factors such as weather, soil conditions, plant disease, insect infestation, inappropriate use of tools, mental illness
and/or a number of other outside factors. The Casual Gardener is not responsible for any accident or failure due
to the advice given. The Casual Gardener is purely a column and website used for enjoyment purposes and for
learning more about gardening in general. Before you act on information you've found on or through this site,
confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and
good judgment.
2. Rules for Submissions and Messages
Submissions and Messages. Responsibility for what is posted in the column, discussion groups or other public
forums on our site lies with each user--you alone are responsible for the content of your messages, and the
consequences of any such messages. You agree not to use our site to send or submit materials:
a. that are false, inaccurate or misleading;
b. that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
c. that violate any law, statute, ordinance or regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information;
g. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet
service providers or other suppliers;
h. that interfere with the ability of others to enjoy our site;
i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or
consultant of The Casual Gardener Corporation;
j. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or
(ii) you do not have a right to link to or include;
k. that contain any content that you do not have the right to make available under any law or any contractual or
fiduciary relationship (such as inside information and confidential information learned under a non-disclosure
agreement); or
l. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
That said, we are most often a passive conduit for the information users submit. We neither endorse nor
guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the
obligation, to restrict or prohibit your use of our sites if we believe you are violating any of the terms of this Visitor
Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
We want users to feel free to share their email addresses in public posting areas. Accordingly, you may not use
any other user's information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail,
"spam," or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor
Agreement. Your use of the sites is limited to personal, non-commercial purposes. Your commercial exploitation of
the sites is strictly prohibited, unless we grant prior written permission.
3. Rights
You acknowledge that:
1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary
rights ("Rights") and;
2. This Visitor Agreement and applicable copyright, trademark and other laws govern your use of such content.
Our Limited License to You.
You are free to display and print for your personal, non-commercial use information you receive through our sites.
You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the
Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our site
should be made to reproduce@thecasualgardener.com. The burden of determining whether any content on our
sites is or is not protected by Rights rests with you.
Links. You are free to encourage others to access the information on our site. We welcome links to our site. You
are free to establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship
or endorsement of your site by us or make use of a logo without written consent of the logo owner.
No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites,
or incorporate into any other website or service any of our intellectual property.
Marks. We do not want anyone to be confused about which materials and services are provided by us and which
are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the
mark. The Casual Gardener and all associated logos are marks owned by The Casual Gardener Corporation.
Your License to Us. By submitting material to or through our sites, you grant us and our partners, agents,
affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to reproduce, modify and
distribute such material as we see fit for any purpose in any form, media, or technology now known or later
developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name,
email address or screen name as we see appropriate. You also permit any other user to access, display, and
print such content for personal use. By submitting material to us, you are representing that such material does not
violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other
proprietary rights. If any third-party content is included in any materials that you submit, you must obtain
permission from the content owner and attribute such content to the owner.
Indemnity. You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise
from your use of any of our sites.
4. Third Party Services
As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control
them are beyond our control. We make no representations as to the content, quality, suitability, functionality or
legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with
respect to such sites and their operators. You may order services or merchandise through links on our sites from
persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and
the merchants with whom you chose to do business. We make no warranties or representations whatsoever with
regard to any goods or services provided by those merchants. You will not consider us - nor will we be deemed -
a party to such transactions, whether or not we may have received some form of remuneration in connection with
the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or
indirectly) between you and any other person or entity.
5. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS AND
LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITES. WE DO NOT GUARANTEE
OUR SITES TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITES,
YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT
RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE CASUAL GARDENER
CORPORATION NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN
RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES
ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR
SITES, OTHER THAN THOSE EXPRESS WARRANTIES THE CASUAL GARDENER CORPORATION ITSELF
SPECIFICALLY MAKES ON ANY CASUAL GARDENER CORPORATION ORDER FORM.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE CASUAL GARDENER CORPORATION OR ITS AFFILIATES, AGENTS
OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF
ANY OF OUR SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE CASUAL GARDENER
CORPORATION, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM IN ANY WAY CONNECTED TO ANY OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US
TO USE THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
LIABILITY OF THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS AND LICENSORS IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time
without liability to you or any third party.
8. Applicable Law & Exclusive Jurisdiction
This site is controlled and operated by The Casual Gardener Corporation from the state of Illinois in the United
States of America. Those who choose to access our site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in,
and to be construed in accordance with the laws of, the State of Illinois without regard to its conflict of law
provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in DuPage
County, Illinois, in all disputes arising out of or relating to this agreement or any of our sites.
9. Dispute Resolution
You agree to not take any legal action against us that relates to or arises out of any of our websites without first
(a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts
and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward
resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at The Casual
Gardener.com, or such other designee as The Casual Gardener may identify from time to time.
10. Miscellaneous
In the event that any provision of this Visitor Agreement conflicts with the law under which this Visitor Agreement is
to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor
Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in
accordance with applicable law, and the remainder of this Visitor Agreement will remain in full force and effect. If
either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor
Agreement, or to exercise any right under the Visitor Agreement, such a failure will not be construed as a waiver
or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or
any other instance.
This Visitor Agreement constitutes the entire understanding between the parties as to the subject matter hereof,
and supersedes all prior agreements and understandings relating to such subject matter.
Copyright Pending 2007
Contents on this site are copyright 2007 by The Casual Gardener Corporation or its affiliates or licensors.
Unauthorized distribution or reproduction is forbidden. If you have questions or wish to obtain more information
from or about The Casual Gardener Corporation, please visit www.thecasualgardener.com
This website is provided to you by The Casual Gardener ("we" or "us"). Please take a moment to read this Visitor
Agreement. By using this website, you accept this Visitor Agreement. Our sites are always evolving; please be
aware that we may change this Visitor Agreement from time to time. By continuing to use this site after we post
any such changes, you accept this Visitor Agreement, as We respect your privacy. Please take a moment to read
our Privacy Policy.
1. Using Good Judgment
We invite you to bring to our attention any content on our site you believe to be inaccurate, inappropriate or the
common sense rules. Please write to us at The Casual Gardener.com.
Use common sense when you use our and anybody else's websites. The content that appears on our sites is for
informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear
from time to time, or you may not have success following the gardening or other advice given because of outside
factors such as weather, soil conditions, plant disease, insect infestation, inappropriate use of tools, mental illness
and/or a number of other outside factors. The Casual Gardener is not responsible for any accident or failure due
to the advice given. The Casual Gardener is purely a column and website used for enjoyment purposes and for
learning more about gardening in general. Before you act on information you've found on or through this site,
confirm any facts that are important to your decision. We encourage you to exercise a healthy skepticism and
good judgment.
2. Rules for Submissions and Messages
Submissions and Messages. Responsibility for what is posted in the column, discussion groups or other public
forums on our site lies with each user--you alone are responsible for the content of your messages, and the
consequences of any such messages. You agree not to use our site to send or submit materials:
a. that are false, inaccurate or misleading;
b. that infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
c. that violate any law, statute, ordinance or regulation (including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any
system, data or personal information;
g. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet
service providers or other suppliers;
h. that interfere with the ability of others to enjoy our site;
i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or
consultant of The Casual Gardener Corporation;
j. that link to or include descriptions of goods or services that: (i) are prohibited under this Agreement; or
(ii) you do not have a right to link to or include;
k. that contain any content that you do not have the right to make available under any law or any contractual or
fiduciary relationship (such as inside information and confidential information learned under a non-disclosure
agreement); or
l. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
That said, we are most often a passive conduit for the information users submit. We neither endorse nor
guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the
obligation, to restrict or prohibit your use of our sites if we believe you are violating any of the terms of this Visitor
Agreement and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
We want users to feel free to share their email addresses in public posting areas. Accordingly, you may not use
any other user's information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail,
"spam," or other bulk communications or for developing lists. Any such use by you will be a violation of this Visitor
Agreement. Your use of the sites is limited to personal, non-commercial purposes. Your commercial exploitation of
the sites is strictly prohibited, unless we grant prior written permission.
3. Rights
You acknowledge that:
1. We permit access to content that is protected by copyrights, trademarks and other intellectual and proprietary
rights ("Rights") and;
2. This Visitor Agreement and applicable copyright, trademark and other laws govern your use of such content.
Our Limited License to You.
You are free to display and print for your personal, non-commercial use information you receive through our sites.
You may not reproduce, distribute, or otherwise use any of the materials without the prior written consent of the
Rights holder. Requests for permission to reproduce, distribute or otherwise use materials found on our site
should be made to reproduce@thecasualgardener.com. The burden of determining whether any content on our
sites is or is not protected by Rights rests with you.
Links. You are free to encourage others to access the information on our site. We welcome links to our site. You
are free to establish a hypertext link to any of our sites so long as the link does not state or imply any sponsorship
or endorsement of your site by us or make use of a logo without written consent of the logo owner.
No Framing. Without our prior written consent, you may not frame, or in-line link to, any of the content of our sites,
or incorporate into any other website or service any of our intellectual property.
Marks. We do not want anyone to be confused about which materials and services are provided by us and which
are not. You may not use any mark appearing on our sites without the prior written consent of the owner of the
mark. The Casual Gardener and all associated logos are marks owned by The Casual Gardener Corporation.
Your License to Us. By submitting material to or through our sites, you grant us and our partners, agents,
affiliates and service providers (collectively, "Affiliates"), the non-exclusive right to reproduce, modify and
distribute such material as we see fit for any purpose in any form, media, or technology now known or later
developed. You agree that we and our Affiliates may identify you as the author of any of your postings by name,
email address or screen name as we see appropriate. You also permit any other user to access, display, and
print such content for personal use. By submitting material to us, you are representing that such material does not
violate or infringe any rights of any third party, including, but not limited to, copyright, trademark and other
proprietary rights. If any third-party content is included in any materials that you submit, you must obtain
permission from the content owner and attribute such content to the owner.
Indemnity. You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise
from your use of any of our sites.
4. Third Party Services
As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control
them are beyond our control. We make no representations as to the content, quality, suitability, functionality or
legality of any sites to which we may provide links, and you hereby waive any claim you might have against us with
respect to such sites and their operators. You may order services or merchandise through links on our sites from
persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to,
purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and
the merchants with whom you chose to do business. We make no warranties or representations whatsoever with
regard to any goods or services provided by those merchants. You will not consider us - nor will we be deemed -
a party to such transactions, whether or not we may have received some form of remuneration in connection with
the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or
indirectly) between you and any other person or entity.
5. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITES IS AT YOUR SOLE RISK. OUR SITES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS AND
LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE
INFORMATION, MATERIALS AND SERVICES AVAILABLE THROUGH OUR SITES. WE DO NOT GUARANTEE
OUR SITES TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR SITES,
YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT
RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.
OUR SITES ARE PROVIDED WITH THE UNDERSTANDING THAT NEITHER THE CASUAL GARDENER
CORPORATION NOR ITS USERS, WHILE SUCH USERS ARE PARTICIPATING IN THE SITES, ARE ENGAGED IN
RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. OUR SITES
ARE NO SUBSTITUTE FOR PROFESSIONAL SERVICES OR ADVICE.
THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH OUR
SITES, OTHER THAN THOSE EXPRESS WARRANTIES THE CASUAL GARDENER CORPORATION ITSELF
SPECIFICALLY MAKES ON ANY CASUAL GARDENER CORPORATION ORDER FORM.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL THE CASUAL GARDENER CORPORATION OR ITS AFFILIATES, AGENTS
OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF
ANY OF OUR SITES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL,
INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE
POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF THE CASUAL GARDENER
CORPORATION, ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL
CLAIM IN ANY WAY CONNECTED TO ANY OF OUR SITES WILL NOT EXCEED THE AMOUNT YOU PAID TO US
TO USE THE SITES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE
LIABILITY OF THE CASUAL GARDENER CORPORATION, ITS AFFILIATES, AGENTS AND LICENSORS IS
LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
7. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to any of our sites or any portion of our sites at any time
without liability to you or any third party.
8. Applicable Law & Exclusive Jurisdiction
This site is controlled and operated by The Casual Gardener Corporation from the state of Illinois in the United
States of America. Those who choose to access our site from other locations do so on their own initiative and are
responsible for compliance with applicable local laws. This Visitor Agreement constitutes an agreement made in,
and to be construed in accordance with the laws of, the State of Illinois without regard to its conflict of law
provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in DuPage
County, Illinois, in all disputes arising out of or relating to this agreement or any of our sites.
9. Dispute Resolution
You agree to not take any legal action against us that relates to or arises out of any of our websites without first
(a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts
and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less 30 days, toward
resolution of the dispute. All correspondence concerning such dispute must be sent to dispute at The Casual
Gardener.com, or such other designee as The Casual Gardener may identify from time to time.
10. Miscellaneous
In the event that any provision of this Visitor Agreement conflicts with the law under which this Visitor Agreement is
to be construed or if any provision is held invalid by a court with jurisdiction over the parties to the Visitor
Agreement, such provision will be restated to reflect as nearly as possible the original intentions of the parties in
accordance with applicable law, and the remainder of this Visitor Agreement will remain in full force and effect. If
either party fails to insist upon or enforce strict performance by the other party of any provision of the Visitor
Agreement, or to exercise any right under the Visitor Agreement, such a failure will not be construed as a waiver
or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or
any other instance.
This Visitor Agreement constitutes the entire understanding between the parties as to the subject matter hereof,
and supersedes all prior agreements and understandings relating to such subject matter.
Copyright Pending 2007
Contents on this site are copyright 2007 by The Casual Gardener Corporation or its affiliates or licensors.
Unauthorized distribution or reproduction is forbidden. If you have questions or wish to obtain more information
from or about The Casual Gardener Corporation, please visit www.thecasualgardener.com
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