Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
The Learning Gardener is providing Member with website services. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by The Learning Gardener on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, The Learning Gardener makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. The Learning Gardener shall have no liability for any interruptions in the use of this Website. The Learning Gardener disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
The Learning Gardener SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR The Learning Gardener SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF The Learning Gardener HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold The Learning Gardener, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
The Learning Gardener reserves the right to modify or discontinue the Service with or without notice to the Member. The Learning Gardener shall not be liable to Member or any third party should The Learning Gardener exercise its right to modify or discontinue the Service. Member acknowledges and accepts that The Learning Gardener does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While The Learning Gardener makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website. The Learning Gardener makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any Website reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Governing Jurisdiction of the Courts of Massachusetts
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
The Learning Gardener retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, The Learning Gardener reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
11. Other Terms
Copyright and Trademark Information
1. Trademark Information
All marks are the property of their respective owners. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with The Learning Gardener.
2. Copyright Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is (c)2016 The Learning Gardener, with all rights reserved, or is the property of The Learning Gardener and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Learning Gardener is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Learning Gardener.