Terms of Use:
Hello and welcome to the www.GardeningTipsDIY.com website (“Site” or “Website”) operated by 5Talents Media, LLC. By visiting and using this Site you will be accepting these Terms of Use. The terms of use governs your access to and use of the Site and any of the Services we provide through the Site (together the “Services”). Please read them carefully and if you disagree with the terms of use in any way, then do not use this Site or any of the Services. GardeningTipsDIY.com reserves the right to post changes to the terms of use on this Site at any time. If we make any material changes to this terms of use, we will post the updated terms of use here, along with its effective date, and notify you by email or by means of a notice on our Site. If any terms of use changes are not acceptable, you must stop your use of this Site. In these terms of use, “GardeningTipsDIY.com” and “we” refer to
GardeningTipsDIY.com, and “User” or “you” refer to each visitor to this Site. If you subscribe to any Services offered through this Site, you may also be subject to additional terms and conditions (“Terms of Service” or “terms of service”) applicable to such Services, which will be brought to your attention at that time. Sites and Services
We do not guarantee that access to or use of this Site or any Services will be uninterrupted or error free, and GardeningTipsDIY.com shall not be liable for any feature not being accessible or for any unavailability of its Site and Services. The Site and its features may be expanded, limited or modified at any time by GardeningTipsDIY.com to meet the needs of its Users, or for technical or other reasons, without advance notice or reason. We may also in our sole discretion, and at any time, discontinue providing, temporarily or permanently, any or all of the Site or Services, without notice. To access some of the content or features of the Site or its Services, Users may need to enhance or update the hardware or software in their computer systems. GardeningTipsDIY.com assumes no responsibility for any failure to access the Site or any Services, partially or fully, whether due to the User’s system, the Internet network or any other cause.
Message Web Site Content Limitations:
We make no guarantees as to the accuracy, thoroughness or quality of the information on this Site or through the Services, which is provided only on an “AS-IS” and “AS AVAILABLE” basis at User’s sole risk. This information may be provide by third parties and GardeningTipsDIY.com shall not be responsible or liable for any errors, omissions or inaccuracies in the Site content. The information and investment, accounting, or legal strategies provided at this Site are neither comprehensive nor appropriate for every individual. Some of the information is relevant only in Canada or the U.S., and may not be relevant to or compliant with the laws, regulations or other legal requirements of other countries. It is your responsibility to determine whether, how and to what extent your intended use of the information and Services will be technically and legally possible in the areas of the world where you intend to use them. You are advised to verify any information before using it for any personal, financial, accounting, legal, or business purpose. In addition, the opinions and views expressed in any article on this Site are solely those of the author(s) of the article and do not reflect the opinions of GardeningTipsDIY.com or its management. The Site content and services may be modified at any time by us, without advance notice or reason, and GardeningTipsDIY.com shall have no obligation to notify you of any corrections or changes to any Site content.
License to Use Site Content:
We grant you a limited personal use license to access, display, download, format and print portions of this Site content solely for your own personal non-commercial use, provided that the content is not modified and all proprietary notices are kept intact. You may not reproduce, publish, translate, merge, sell, rent, distribute the content, or create a derivative work of the content on any other website or as part of any educational, training or reference materials. You may not frame or utilize framing techniques to enclose any content on this Site.
Third Party Content:
Any testimonials, opinions, advice, product or service offers, or other information or content made available on or through this Site by third parties (“Third Party Content”) are solely those of their respective providers and not of GardeningTipsDIY.com which does not guarantee the accuracy, completeness, reliability or usefulness of Third Party Content. It is the responsibility of the User to evaluate Third Party Content and GardeningTipsDIY.com shall not be liable for any damage or loss caused by Users’ reliance on or other use of Third Party Content.
Account Creation:
Some of the Services offered by GardeningTipsDIY.com require you to create an account. When you create an account, you agree that you have the authority to create that account and that all information you provide will be true, accurate, current, and complete. You are solely responsible for keeping your login information (e.g., user ID and password) accurate, secure, and confidential. You are also responsible for any activity resulting from use of your login information. You agree to immediately inform us if you suspect that your login information has been comprised. We are not liable to you for any losses or damages you incur resulting from unauthorized use of your login information. Social Sign in. If you login or sign in using social networking functionality, e.g., Facebook, you agree to abide by the applicable social network’s terms and conditions.
Content Posted by Users:
To the extent we enable you to, and you choose to post or share any content or materials, including, without limitation, through the AI Service (e.g. questions) or through the GardeningTipsDIY.com Academy Service (e.g., quizzes, homework, projects, etc.) (“User Content”) you will be: (a) granting GardeningTipsDIY.com a fully transferable, sub-licensable (with rights to sublicense, including, without limitation, through multiple tiers) to display, perform, reproduce, modify, transfer, distribute and create derivative works from the User Content and to associate your public profile information (if any) with such User Content, in any media formats and through any channels (whether now known or hereafter developed) and waiving any moral rights in favor of GardeningTipsDIY.com with respect to such use of the User Content; (b) granting GardeningTipsDIY.com a perpetual, world-wide, royalty-free, fully paid-up, non-exclusive license to allow your materials to be edited and displayed by GardeningTipsDIY.com on its Site, and accessed by Users, for the purposes and on the terms as set out in these terms of use; (c) agreeing to indemnify and hold harmless GardeningTipsDIY.com and its Users from any claim or demand made by any third party due to or arising out of your User Content; and (d) representing that you own or otherwise have the right to post the User Content, that the User Content is accurate, that use of the User Content on the Site does not violate any laws, and that the materials will not cause injury to any person, including without limitation to the intellectual property, personal or privacy rights of others. GardeningTipsDIY.com shall have the right to use your name in connection with your posted User Content. GardeningTipsDIY.com reserves the right to remove or modify any User Content for any reason, including without limitation, if we believe it violates these terms of use. If you choose to post any User Content and interact with other users, if applicable, please be respectful of other users and use common sense when posting comments. Remember that anything you post online may be perpetually available and is not confidential or private. Do not post anything you would not be comfortable sharing or being made public.
Incentives, Rewards, Discounts and Other Promotional Offers:
GardeningTipsDIY.com may offer incentives, offers, promotions, discounts, sweepstakes, or contests in connection with its Services. In the case of sweepstakes or contests, you will be provided separate terms and conditions that must be agreed to in order to be eligible for participation in any sweepstakes and/or contests. In connection with any incentives, rewards, or similar programs (For example, but not limited to, the Advisor Insights incentives program for financial advisor users and discount codes for GardeningTipsDIY.com Academy), any such program is issued at GardeningTipsDIY.com’s sole discretion and cannot be transferred, bartered or sold or used for a purchase where payment is made using payment information (e.g., a credit card number or PayPal account). Any such incentives and/or programs are not a payment instrument; they are issued without any exchange of money or value from you and you have no vested property right or interest in the incentives. GardeningTipsDIY.com reserves the right to cancel or revoke any incentives or programs, or your participation therein, for any reason or no reason whatsoever, including, without limitation, if it determines in its sole discretion that you have violated these terms, the terms specific to any rewards, incentive, or other program, or the rest of this terms of use. GardeningTipsDIY.com reserves the right in its sole discretion at any time and without prior notice to you, to add to, remove or otherwise change the terms applicable to the issuance and use of any incentive, offers, promotions or other similar program.
Affiliates:
We also include advertisements and affiliate links that users may click on. If they sign up with the service in the advertisement or link we may receive compensation for that (affiliate sales).Our site may include advertisements, promote content, including editorial content, which may feature third party products and services and which may link to third party owned and operated web sites where you can sign up. When you sign up to the affiliate, we may receive compensation from the affiliate. You understand and accept that we do not hold any liability for any product or service offered by its affiliate in any way and the third party affiliate policies shall apply in such an event.
Advertisers Are Not Endorsed:
Though we seek to partner with quality companies, we are not responsible for the claims or representations made by advertisers and sponsors. GardeningTipsDIY.com does not review, endorse or recommend the products or services of any company mentioned on our Site. We will not be liable in any way for damages of any kind resulting out of the misuse of any personal information or data submitted by you to an advertiser or sponsor.
Links:
As a convenience to Users, the Site and Services may provide links to other sites or resources. Because we do not review and have no control over such sites and resources, GardeningTipsDIY.com shall not be responsible or liable for use of or reliance on any content, products, services or information at such sites or resources. Inclusion of any links does not imply any endorsement, affiliation, approval, association or sponsorship by GardeningTipsDIY.com of the linked websites, resources, their operators or owners. When you select a link, you may be leaving our Site. The information available on third parties websites may have certain restrictions on its use or distribution which differ from this terms of use.
Prohibited Conduct:
The following activities are strictly prohibited: • Posting unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (“Spamming”); • Postings for any unlawful or fraudulent purpose (including links); • Posting of personal information (for yourself or anyone else); • Posting materials containing viruses or other malicious or destructive code; • Posting of offensive content including profanity, obscenity, racist or pornographic material; • Engaging in any activities that are defamatory, violate the personal privacy rights of others, or infringe any person’s rights, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; • Posting any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, degrading to others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification or otherwise objectionable in any way; • Copying, modifying, creating a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services; • Removing or obscuring the copyright notice or other notices displayed in connection with the content accessible through the Site or Services; • Interfering with or disrupting the Site functionalities, Services, or servers and networks connected to Site, or disobeying any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site; • Modifying the Site or Services in any manner or form, or using modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services; • Reproducing, printing, caching, storing, or distributing content retrieved from the Site or Services in any way not authorized by this terms of use or for any commercial use without the prior written permission of GardeningTipsDIY.com; • Selling, assigning, sublicensing, or otherwise transferring any right in the Services or content accessible through the Site; • Accessing the Site or Services by any means other than through the interface that is provided by GardeningTipsDIY.com; • Using the Site or Services to violate any law (whether local, state/provincial/territorial, national, or international), whether or not intentionally; • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity; • Manipulating identifiers in order to disguise the origin of any question, answer or comment you post on the Site; • Engaging in “screen scraping,” “database scraping,”; and/or • Facilitating violations of this terms of use or the Privacy Policy.
Privacy:
This Site may collect personal information from some Users. Please review our Privacy Policy to understand what information we collect and store, how that information is used, how we may share that information, and your rights in connection with your personal information. The Privacy Policy is incorporated by reference and made a part of this terms of use.
Communications:
When you visit our Site, use any of our Services, or send us an email, you expressly indicate your consent to electronically receive any and all communications, notices, and our disclosures that we may provide in connection with your use of the Site and/or Services, including, without limitation, e-mail, in-app, and in-website chat communications. All agreements, notices and communications that we provide to you by email will satisfy all legal requirements that they be in writing and delivered to you. GardeningTipsDIY.com will have the right to disclose any email sent by a User, or any objectionable material, to comply with legal process or to protect the rights or property of GardeningTipsDIY.com, its customers, suppliers and Users. Any such notices may also include emails with promotional, marketing, and advertising information and recommendations that we believe may be of interest to you, in accordance with applicable law. Consistent with federal CAN-SPAM or anti-spam laws, if you do not wish to receive commercial emails, you may unsubscribe following the instructions on any email, excepting that we may still send you administrative and transactional notices, including, without limitation, information about your Account, confirmation of your registration for Courses, information about your progress, or other services that may be necessary to provide you with any one of the Services. You understand and consent that we may, in our discretion, monitor or record telephone conversations you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
DISCLAIMER OF WARRANTIES:
THE SITE AND SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NO CONTENT ON OUR SITE IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE, WHETHER MEDICAL, FINANCIAL, LEGAL OR OTHERWISE. YOUR USE OF THE SITE, THE WIDGETS AND SERVICES IS AT YOUR SOLE RISK. THE SITE, THE WIDGETS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GARDENINGTIPSDIY.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE, THE WIDGETS OR SERVICES WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, SECURE, CURRENT OR ERROR-FREE, OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE WIDGETS, AND SERVICES WILL BE ACCURATE, TIMELY, USEFUL OR RELIABLE. TO THE GREATEST EXTENT PERMITTED BY LAW, GARDENINGTIPSDIY.COM DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE USE OF THE WIDGETS THE SITE, AND ITS SERVICES, OR THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ITS CONTENT, IN ANY WAY AND FOR ANY PURPOSE.
EXCLUSION OF CONSEQUENTIAL DAMAGES:
IN NO EVENT WILL GARDENINGTIPSDIY.COM BE LIABLE FOR ANY INCIDENTAL, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WIDGETS THIS WEBSITE OR ANY OF ITS SERVICES OR CONTENT, OR LOSS OF DATA, EVEN IF GARDENINGTIPSDIY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE.
EXCLUSION OF LIMITATIONS AND DISCLAIMERS:
BECAUSE SOME JURISDICTIONS, SUCH AS NEW JERSEY, RESTRICT OR DO NOT ALLOW THE DISCLAIMER OF WARRANTIES, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS GARDENINGTIPSDIY.COM’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General:
This terms of use, and any applicable terms of use, constitute the entire agreement between each User and GardeningTipsDIY.com governing the User’s access to and use of the Site and its Services, and supersede all prior agreements regarding its subject matter. The terms of use shall be governed by the laws of the State of Pennsylvania without giving effect to any principles of conflicts of laws. Each User hereby agrees to the non-exclusive jurisdiction of the courts of the Harrisburg, Pennsylvania. The failure by a User or GardeningTipsDIY.com to exercise any right or to enforce any provision of this terms of use shall not constitute a waiver of such right or provision. If any provision of this terms of use is found by a court of competent jurisdiction to be invalid or unenforceable, the court shall give effect to the intentions reflected in the provision to the degree possible, and the other provisions of this terms of use will remain in full force and effect.
Contact Us:
For any questions, complaints, and queries or to report any violations, kindly contact us by email: info@GardeningTipsDIY.com; mail: 1152 Mae St. #143, Hummelstown, PA 17036; phone: (717) 707 – 7766
Term and Termination:
This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to website shall survive any termination.
Updated 3/1/2023