Visitor Agreement
Welcome to GardenBuddies.com. Please read this Visitor Agreement; by using this site, you accept its terms without modification.

This Visitor Agreement applies to all of the Web sites owned and operated by GardenBuddies.com. Additional terms and conditions may apply to some services offered on the GardenBuddies.com. Such terms and conditions may be found at the place where the service is offered.

The Web is an evolving medium; we may change the terms of this Visitor Agreement from time to time. By continuing to access any part of GardenBuddies.com after we post any such changes, you accept the Visitor Agreement, as modified. We may change, restrict access to, suspend or discontinue GardenBuddies.com, or any portion of it, at any time, without notice.

If you disagree with any material you find on the GardenBuddies.com, we suggest that you respond by noting your disagreement in an appropriate forum. We invite you to bring to our attention any material you believe to be factually inaccurate. Please email a link to the material, along with an explanation, to info@GardenBuddies.com.

If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via GardenBuddies.com, please notify us by sending email to info@GardenBuddies.com.

GardenBuddies.com, its affiliates, employees and volunteers, are not responsible for, and cannot guarantee the performance of, goods and services provided by advertisers or others to whose sites we link. A link to another Web site does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by GardenBuddies.com.

USE OF MENTAL/PHYSICAL HEALTH INFORMATION FROM GARDENBUDDIES.COM
This site may contain mental or physical health information provided either directly from GardenBuddies.com, or from affiliates, guests, forum visitors, audio and video archives of broadcasts, and others. Please note that the information, links, and other material included on GardenBuddies.com are provided for informational purposes only and do not constitute mental or physical health counseling. Online health information is not meant to and cannot replace the professional judgment of a health care or mental health care professional that can meet with you one on one. We are not aware of your medical/mental health history and a physical assessment cannot be made of your affect, your hygiene (level of functioning), etc. If you need immediate physical or mental health assistance, call 911 without delay.

CHAT ROOMS AND FORUMS
GardenBuddies.com wants to encourage an open exchange of information and ideas. But we cannot and do not review every posting made in chat rooms, forums and other public-posting areas. You can expect these areas to include information and opinions from a variety of individuals and organizations other than GardenBuddies.com. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or "expert" guest, or from a member of our staff. There is no substitute for healthy skepticism and your own good judgment.

Responsibility for what is posted in the chat rooms, forums and other public-posting areas on GardenBuddies.com lies with each user — you alone are responsible for material you post. By using GardenBuddies.com, you agree not to post or transmit any defamatory, abusive, obscene, threatening or illegal material, or any other material that infringes on the ability of others to enjoy GardenBuddies.com or that infringes on the rights of others. You may not permit any person (other than an agent acting on your behalf and subject to your supervision) to access, using your account, any features of GardenBuddies.com that may require registration. Users may not post a single message to more than five areas of GardenBuddies.com, or post any message to any area of GardenBuddies.com if that message is, in our view, off-topic. Any topic viewed by Gardenbuddies that was posted for the sole reason to promotes conflict will be deleted. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement.

Although GardenBuddies.com cannot monitor all the postings in the chat rooms, forums and other public areas, or in private messages, we reserve the right (but assume no obligation) to delete, move or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons. We will not, in the ordinary course of business, review private electronic messages that are not addressed to GardenBuddies.com. However, we will comply with any applicable legal requirements regarding disclosure of such messages to others, including law enforcement agencies. NOTE: Private email messages are stored on the GardenBuddies.com server for a time. This is necessary to facilitate the sending and receiving of email without disclosing email addresses to the recipients.

GardenBuddies.com expects that you will not use the service to violate anyone's copyright, trademark or other intellectual property rights. By submitting material to GardenBuddies.com, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Submitting material that is the property of another, without the consent of its owner, is not only a violation of this agreement, but may also subject you to legal liability for infringement of copyright, trademark or other intellectual property rights.

CONTROVERSIAL SUBJECTS OUT OF THE GARDEN
This is the only area of Gardenbuddies where you may post your ideas, thoughts and feeling on subjects such as religion, politics, right to life or any other controversial subjects. If others are interested in this form of debate then they will access and respond to this topic of their own free will and not stumble upon it. Please no name calling and remember what you say here will not be repeated in any other forum on Gardenbuddies. If you wish to participate in this form then private message Ej for a special password.

All violating posts will be moved automatically if the posters beliefs imposes lifestyles, religion, politics, political correctness or a method of trolling for responses. Hate or racial agendas will not be accepted on this site. These kind of starter threads are easy to identify. There is a topic for this now and posters should respect the reason most people come to this forum. First and foremost this is a gardening forum.

NO SOLICITING
No soliciting. You agree not to use GardenBuddies.com to advertise or to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

NO SPAMMING
No spamming. From time to time, users post their email addresses in our chat rooms, forums and other public-posting areas. You agree not to gather these email addresses for purposes of spamming, that is, sending unsolicited email.

USE OF MATERIALS
All material you submit to any of our chat rooms, forums and other public and private posting areas does not transfer the copyright to Gardenbuddies.com. However, by submitting the material, you grant Gardenbuddies.com a perpetual non-exclusive world-wide royalty-free license to publish that material on the World Wide Web as part of the gardenbuddies.com web site for the purpose of operating, displaying, distributing and promoting the site. Gardenbuddies.com will not use your materials without attributing them to you. If you object to any modification by Gardenbuddies.com of your materials (except for minor edits), or, in the case of forum postings, comments on photos, or comment on the site's static content, to the use of your materials separate from their original context, Gardenbuddies.com will either restore the original text and context, or delete the materials.

The Internet allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us.

Although we make GardenBuddies.com freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the GardenBuddies.com. The materials available through GardenBuddies.com are the property of GardenBuddies.com or its licensors and affiliates or other copyright holders, and are protected by copyright, trademark and other intellectual property laws. You are free to display and print for your personal, noncommercial use information you receive through GardenBuddies.com. But you may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on GardenBuddies.com in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you are free to encourage others to access the information themselves at GardenBuddies.com, and to tell them how to find it.

Requests for permission to reproduce or distribute materials should be emailed to info@GardenBuddies.com.

LINKING
We welcome links to GardenBuddies.com. You are usually free to establish a hypertext link to GardenBuddies.com so long as the link does not state or imply any sponsorship of your site by GardenBuddies.com. However, you should check the copyright notice on the page to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our sites. Linking to other sites that contain sexual, pornographic or adult material are prohibited.

FRAMING
No Framing. Without the prior written permission of GardenBuddies.com, you may not frame any of the content of GardenBuddies.com, or incorporate into another Web site or other service any intellectual property of GardenBuddies.com, or any of its affiliates or licensors. Requests for permission to frame our content may be sent to info@GardenBuddies.com.

TRADEMARKS
We don't want anyone to be confused as to which materials and services are provided by GardenBuddies.com and which are not. You may not use any trademark or service mark appearing on GardenBuddies.com without the prior written consent of the owner of the mark.

DISCLAIMER OF WARRANTIES AND LIABILITY
We work hard to make the GardenBuddies.com sites interesting and enjoyable places, but we cannot guarantee that our users will always find everything to their liking. Please read this Disclaimer carefully before using any of the GardenBuddies.com sites.

YOU AGREE THAT YOUR USE OF THE GARDENBUDDIES.COM SITES IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE GARDENBUDDIES.COM SITES, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS, INACCURACIES OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON ANY GARDENBUDDIES.COM SITE OR ANY MATERIAL AVAILABLE THROUGH THE GARDENBUDDIES.COM SITES, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THE GARDENBUDDIES.COM SITES.

THE GARDENBUDDIES.COM SITES ARE PROVIDED TO YOU AS IS, WITH ALL FAULTS, AND AS AVAILABLE. THE GARDENBUDDIES.COM SITES, AND THEIR STAFF, VOLUNTEERS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE GARDENBUDDIES.COM SITES, NOR DO THEY GUARANTEE THAT THE GARDENBUDDIES.COM SITES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE GARDENBUDDIES.COM SITES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL THE GARDENBUDDIES.COM SITES, OR THEIR STAFF, VOLUNTEERS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THE GARDENBUDDIES.COM 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. (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 GARDENBUDDIES.COM SITES, AND THEIR STAFF, VOLUNTEERS, AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT THE LIABILITY OF THE GardenBuddies.com SITES, AND THEIR STAFF, VOLUNTEERS, AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE GARDENBUDDIES.COM SITES SHALL NOT EXCEED THE AMOUNT YOU PAID TO GARDENBUDDIES.COM FOR THE USE OF THE GARDENBUDDIES.COM SITES, OR FOR THE RIGHT TO POST OR DISPLAY COMMERCIAL INFORMATION.

MISCELLANEOUS
To obtain access to certain services on the GardenBuddies.com Sites, you may be given an opportunity to register with the GardenBuddies.com Sites. As part of any such registration process, you will select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, or attempt to enter any GardenBuddies.com Site under the name of, another person. GardenBuddies.com reserves the right to reject or terminate any user name that, in its judgment, it deems offensive. You will be responsible for preserving the confidentiality of your password and will notify GardenBuddies.com of any known or suspected unauthorized use of your account. You must be at least 13 years old to register on GardenBuddies.com. Please inform GardenBuddies.com if there is a change in the information you provided at the time of your initial registration by returning to the registration screen and resubmitting an updated profile form.

You agree to indemnify, defend and hold harmless GardenBuddies.com, its affiliates, and their officers, directors, employees, volunteers, agents, licensors and suppliers, from and against any and all losses, expenses, damages and costs (including reasonable attorneys' fees) resulting from any violation of this Visitor Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing any GardenBuddies.com Site using your account.

This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of California. By using the GardenBuddies.com Sites, you consent to the exclusive jurisdiction of the Supreme Court in San Bernardino County, California and the federal District Court in Los Angeles, California, in all disputes arising out of or relating to this agreement or use of this Web site or any of the GardenBuddies.com Sites.

In the event that any portion of this Visitor Agreement is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of this Visitor Agreement, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of the Visitor Agreement.

By using the GardenBuddies.com Sites, you agree to abide by the terms of this Visitor Agreement. We hope you enjoy using the GardenBuddies.com Sites, and we welcome suggestions for improvements. Thanks for making GardenBuddies.com a part of your online community of resources! Special and Additional Disclaimer For Legal Information

The information provided at GardenBuddies.com is "AS IS" without any warranty of any kind. It is for informational purposes only; it does not constitute legal advice, or advice of any kind. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on GardenBuddies.com, you should independently confirm it. GardenBuddies.com and its information providers make no warranty as to the reliability, accuracy, timeliness, usefulness or completeness of the information found on GardenBuddies.com.

GardenBuddies.com does not assume any responsibility for any misinterpretation or misapplication of the information contained on this site by you, or of the content of any Web sites linked to this site.

Copyrights 1. GardenBuddies.com Content

GardenBuddies.com is intended for the personal, noncommercial use of its Users. All materials published on GardenBuddies.com (including, but not limited to, feature articles, photographs, images, illustrations, audio clips and video clips, also known as the "Content") are protected by copyright and owned or controlled by GardenBuddies.com, or the party credited as the provider of the content, software or other materials. User shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site.

1.2 GardenBuddies.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. User may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit any of the Content, software, materials or service, in whole or in part.

1.3 User may not download or copy the Content and other downloadable items displayed on this Web site for personal use. User shall not store any significant portion of any Content owned by or licensed to GardenBuddies.com in any form.

1.4 Linking to another web site for content and/or graphics materials is considered "bandwidth theft." Gardenbuddies.com does not allow such activity. If you have content that is being directly linked from another web site and you do not have permission from the site's owner/copyright holder then your image and/or graphic will be removed.

2. Forums and Discussions

2.1 User shall not upload to, or distribute or otherwise publish through the Web site any Content that is libelous, racist, defamatory, obscene, pornographic, abusive or otherwise violates any law. Also the posting of injured or dead animals shall not be allowed. Users who feel the need to call other people names, make rude accusations or just be nasty will not be tolerated and there profile shall be removed from this site without further notice. Please be respectful of other people when posting on the message board.

2.2 The Forums shall be used only in a noncommercial manner except to the extent expressly pre-authorized in writing by GardenBuddies.com. User shall not, without the express approval of GardenBuddies.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

2.3 While GardenBuddies.com does not and cannot review every message posted by Users in the Forums and is not responsible for any content of these messages, GardenBuddies.com reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable. Users shall remain solely responsible for the content of their messages.

2.4 User acknowledges that any submissions (e.g., letter to the editors, articles) may be edited, removed, modified, published, transmitted and displayed by GardenBuddies.com. In addition User warrants that all moral and legal rights in any uploaded materials have been waived.

2.5 All material you submit to any of our chat rooms, forums and other public and private posting areas does not transfer the copyright to Gardenbuddies.com. However, by submitting the material, you grant Gardenbuddies.com a perpetual non-exclusive world-wide royalty-free license to publish that material on the World Wide Web as part of the gardenbuddies.com web site for the purpose of operating, displaying, distributing and promoting the site. Gardenbuddies.com will not use your materials without attributing them to you. If you object to any modification by Gardenbuddies.com of your materials (except for minor edits), or, in the case of forum postings, comments on photos, or comment on the site's static content, to the use of your materials separate from their original context, Gardenbuddies.com will either restore the original text and context, or delete the materials.

PRIVACY POLICY
GardenBuddies.com respects your privacy, and we want you to understand the ways in which we do and don't use the information that you transmit when you visit our Web site. A Note to Kids: You should get permission from your parents before sending any information about yourself (such as your name, email address and phone number) over the Internet, to us or to anyone else. And a note to parents: We won't knowingly allow anyone under 13 to register with any of our sites or to access those features that require registration because of the Children's Online Privacy Protection Rule.

BASICS
The information gathered by GardenBuddies.com falls into two categories: (1) information voluntarily supplied by visitors to our Web sites through optional registration and (2) tracking information routinely gathered as visitors navigate through our sites.

To make use of certain features on our Web sites (such as forums or stores, if any), visitors need to register and to provide certain information as part of the registration process. (We may ask, for example, for your name, email address, gender, age and zip code.) The information you supply will help us to offer you more personalized features. It may also be used to uniquely identify you, making it more difficult for others to impersonate you online.

Supplying such information is entirely voluntary. But if you don't supply the information we need, we may be unable to provide you with services we make available to other visitors to our sites.

Of course, even if you want to remain completely anonymous, you're still free to take advantage of the wealth of content available on our sites without registration.

PHOTOS OF THE MONTH
The Photo of the Month is open to any Gardenbuddy photographer, amateur, semi-pro or professional. The photographer retains the copyrights, however, by posting automatically gives Gardenbuddies.com rights for publishing, whether a winner or not. Deadline or last day to post an image is the last day of that same month. The posting time stamp that counts is midnight of the last day of the month, our image servers time, GMT-2. Missing the deadline means that the posted image will not be considered by the judges for that month. All picture posted during that month are eligible to be chosen. The judges will judge pictures for overall quality, creativity, composition, and technique.

COOKIES
To help make our sites more responsive to the needs of our visitors, we may invoke a standard feature found in browser software, called a "cookie," to assign each visitor a unique, random number, a sort of anonymous user ID that resides on your computer. The cookie doesn't actually identify the visitor, just the computer that a visitor uses to access our site. Unless you voluntarily identify yourself (through registration, for example), we won't know who you are, even if we assign a cookie to your computer. The only personal information a cookie can contain is information you supply. A cookie can't read data off your hard drive. In the forums, you will have the option of deciding whether, and to what extent to use cookies in that section, when you register or update your profile.

We may use cookies to help us tailor our site to your needs, to deliver a better, more personalized service. In addition, we may use cookies to track the pages on our sites visited by our users. We can build a better site if we know which pages our users are visiting and how often. Of course, you can set your browser not to accept cookies, but if you do, you may not be able to take advantage of the personalized features enjoyed by other visitors to our sites.

IP ADDRESS
Our Web servers automatically collect limited information about your computer's connection to the Internet, including your IP address, when you visit our sites, and the type of browser you are using. (Your IP address is a number that lets computers attached to the Internet know where to send you data — such as the Web pages you view.) Your IP address does not identify you personally. We use this information to deliver our Web pages to you upon request, to tailor our sites to the interests of our users and to measure traffic within our sites.

INFORMATION SHARING AND SITES BEYOND GARDENBUDDIES.COM
To make our sites more valuable to our visitors, we may offer some features in conjunction with other providers. To take advantage of these services, you may need to provide personal information to us and to the other provider. And, of course, our sites include links to plenty of other Web sites whose privacy policies we don't control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser), use of any information you provide is governed by the privacy policy of the operator of the site you're visiting. And when you provide information in the course of obtaining products or services through our site, use of any information you provide may be governed by the privacy policy of the provider of those products or services, even if it appears that you're on GardenBuddies.com-branded pages throughout the transaction. That policy may differ from ours. If you can't find the privacy policy of any of these sites via a link from the site's homepage, you should contact the site directly for more information.

ENCRYPTION AND SECURITY
All information gathered on any GardenBuddies.com Site is stored within an GardenBuddies.com-controlled database. GardenBuddies.com seeks to safeguard the information you provide. Some of the information may be encrypted, however, as effective as encryption technology is, no security system is completely impenetrable, so we cannot guarantee the absolute security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a message you post to any chat room, forum or other public-posting area is available to anyone with Internet access. If you don't want people to know your email address, for example, don't include it in any message you post publicly and edit your user profile to exclude it.

A FINAL NOTE
The Web is an evolving medium. If we need to change our privacy policy at some point in the future, we'll post the changes here. Of course, our use of information gathered while the current policy is in effect will always be consistent with the current policy, even if we change that policy later. If you have any questions about our privacy policy, please send an email to info@GardenBuddies.com. Thanks for making GardenBuddies.com a part of your online community of resources!

Last Updated: August 8, 2004

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