Terms of Service Agreement
Last Updated: 5/10/2015
Hello, and welcome to StrawBaleGardenClub.com! StrawBaleGardenClub.com provides Users with access to gardening related information in a collaborative fashion. This includes but is not limited to a variety of means, such as discussion forumns and information sharing.
Please read this User agreement. We have tried to make this agreement serve both the needs of the Straw Bale Garden Club and it's members. By using StrawBaleGardenClub.com, you agree, without limitation or qualification, to be bound by, and to comply with, this Agreement and any other posted guidelines or rules applicable to any StrawBaleGardenClub.com feature or service.
1. Amendments to this Agreement.
We reserve the right to make changes to this User Agreement and other site guidelines at any time. Any modification to this Agreement shall become effective immediately upon posting to StrawBaleGardenClub.com. You will be responsible to check this Agreement from time to time to see if there are any changes to that may affect your use. Continued use of StrawBaleGardenClub.com after any such change constitutes acceptance of all changes. If you do not agree with this Agreement in full, you must immediately terminate your use of this site.
"Advertisers" means parties that pay to advertise on StrawBaleGardenClub.com.
"Content" means copyrighted and patented materials and techniques owned or displayed under license by StrawBaleGardenClub.com, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers advertising, feature or group of features or which is posted to the StrawBaleGardenClub.com site by any User, including all reviews, discussions, images, text, software and other content located on StrawBaleGardenClub.com, whether generated by Users or by StrawBaleGardenClub.com.
"Straw Bale Garden Club" means members who have enrolled in StrawBaleGardenClub.com's paid membership program. Straw Bale Garden Club members receive access to features and benefits not availble to members who do not pay. This program is a recurring program.
"StrawBaleGardenClub.com" means any content, service, or property accessible at the Internet domain StrawBaleGardenClub.com or otherwise displayed by Straw Bale Garden Club LLC, a Minnesota corporation. This includes, but isn't restricted to, all text, images, and software.
"Users" or "you" as used herein refers collectively to Straw Bale Garden Club, and to all paying and non-paying StrawBaleGardenClub.com users and Advertisers alike.
3. Use of our Web site.
StrawBaleGardenClub.com is intended for personal use by individuals, and as a commercial medium for our Advertisers. Any unauthorized commercial use of StrawBaleGardenClub.com or resale, repurposing, or reproduction of StrawBaleGardenClub.com services or Content is expressly prohibited. This includes providing links to specific Content related pages other than our home page for any commercial purpose that has not been specifically authorized by us in writing as well as using the site to contact other Users for commercial purposes.
You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not StrawBaleGardenClub, are entirely responsible for all Content that you upload, post or otherwise transmit via our Web site. StrawBaleGardenClub does not control the Content posted via our Web site and, as such, does not guarantee its accuracy, integrity or quality.
You agree to follow the Posting Guildlines.
The following conditions shall govern the use of Users of StrawBaleGardenClub:
- You agree not to reproduce, duplicate, copy, sell, resell, assign, license, sublicense or exploit any portion of the Service, use of the Service, or access to the Service, including but not limited to, any advertising contract, or other right of commercial use.
- You agree not to attempt to bypass the authentication and security mechanisms maintained by StrawBaleGardenClub.com or reverse engineer the software on this Web site.
- You agree not to post any Content on this site that (a) infringes any third-party intellectual property or publicity/privacy rights, (b) violates any applicable law or regulation, (c) impersonate any person or entity, including, but not limited to, a StrawBaleGardenClub official or another User, or falsely state or otherwise misrepresent your affiliation with a person or entity, (d) is defamatory, harassing, obscene or child pornographic, (e) contains 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, (f) is otherwise tortious or criminal, (g) is related to any service in connection with any junk e-mail, spam, or unsolicited messages, commercial or otherwise.
- We reserve the right, in our sole discretion and at any time, to make any changes, modifications, amendments, alterations, and or deletions to any Content, and to any services, including advertising, which we make available at StrawBaleGardenClub.com.
- Each contest or promotion may have rules governing participation eligibility and requirements to win a prize. In most cases, registered members of StrawBaleGardenClub.com are eligible to participate. In some cases activity on external social networks and/or blogs may be necessary to be eligible. Please see the requirements of the specific contest or promotion.
- StrawBaleGardenClub.com reserves the right to cancel and/or change the terms of a contest/promotion at its discretion.
Straw Bale Garden Club values your privacy and will not provide personal information to any third party or affliate except as required by law under the following circumstances:
StrawBaleGardenClub.com reserves the right to reveal any data provided by a User or other information in its possession in cooperation with a request or investigation by any governmental body or governmental agency, or in response to a subpoena issued by any governmental body or governmental agency;
StrawBaleGardenClub.com reserves the right to examine any data provided by a User in the course of responding to any claim by a third party that a User is using the Services in connection with an infringing, illegal or improper activity or that the data infringes rights of the third party.
StrawBaleGardenClub.com reserves the right to disclose the identity of a User, or information allowing identification of a User, in response to request for identification in connection with claim of Copyright or Trademark infringement by the User.
Content posted or uploaded by Customers may be stored on computers maintained by and in control of StrawBaleGardenClub.com's Service Provider. Any expectation of privacy by a User is limited by and subject to the scope of the Service Provider's privacy policies.
5. Risk of Loss.
All items purchased from StrawBaleGardenClub.com are delivered pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
6. Disclaimer of Warranty.
You understand that you are using StrawBaleGardenClub.com on an "as is" and "as available" basis. StrawBaleGardenClub.com makes no warranty, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, or non-infringement.
7. Limitation of Liability.
StrawBaleGardenClub.COM SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, OR ALTERATION (INCLUDING DELETION) OF ANY FEATURES OR CONTENT PUBLIC OR PRIVATE, INCLUDING REVIEWS, FAVORITES ETC.
StrawBaleGardenClub.COM SHALL BEAR NO LIABILITY FOR OR ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER, INCLUDING ANY LIABILITY FOR NEGLIGENCE. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, EVEN IF StrawBaleGardenClub.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO SOME CUSTOMERS. IN NO EVENT SHALL StrawBaleGardenClub'S TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT PAID BY THAT CUSTOMER OR VISITOR TO StrawBaleGardenClub.COM FOR THE SERVICES DURING THE YEAR PRIOR TO ACCRUAL OF THE DAMAGES, LOSSES, OR CAUSES OF ACTION. USERS FURTHER AGREE THAT StrawBaleGardenClub.COM, ITS EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY LOST PROPERTY OR DATA OF THE CUSTOMER OR ANY CLAIM OR DEMAND AGAINST THE USER BY ANY OTHER PARTY.
By using the services of StrawBaleGardenClub.com you agree to indemnify, defend and hold harmless StrawBaleGardenClub.com, its parents, subsidiaries, affiliates, officers, employees, consultants and teachers from and against any claim or demand, of physical, material, monetary or other nature, including reasonable attorneys' fees, made by any third party due to or arising out of your use of StrawBaleGardenClub.com, its Online gardening Classes, or any other Content provided herein, the violation of this Agreement by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.
StrawBaleGardenClub.com reserves the right to ban or block access to any user including any Advertiser. StrawBaleGardenClub.com also reserves the right in its sole discretion to refuse or cancel usage, membership or advertising campaigns, paid or unpaid, Free memberships subject to it's cancellation policy. In all cases refund amounts will never exceed the amount paid by customers.
10. Cancellation Policy
Straw Bale Garden Club has a 30-day full refund policy. If you are dissatified with our service for any reason just let us know within 30 days of joining and we will refund the entire First Year Membership fee.
The Straw Bale Garden Club program is a recurring membership program and members will be notified at their current email address prior to renewal. If you do not cancel your subscription, you will be charged and your membership term will renew.
11. Ownership; Intellectual Property.
You are responsible for and retain all rights to the content you post on StrawBaleGardenClub.com. By posting on StrawBaleGardenClub.com you grant StrawBaleGardenClub.com, a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. StrawBaleGardenClub.com needs these rights because without them it could not perform various necessary functions such as displaying this Content on the website to all of its users. Since these rights are non-exclusive you retain your rights to use the Content you are posting to StrawBaleGardenClub.com in any other way you see fit.
You grant StrawBaleGardenClub.com and its affiliates, parents and partners the right to use the name that you submit in connection with such Content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate our site's policies and will not cause injury to any person or entity; and that you will indemnify StrawBaleGardenClub.com or its affiliates, parents and partners for all claims resulting from Content you supply.
12. United States Copyright Act Designation.
StrawBaleGardenClub.com respects the intellectual property of others and we ask our Users to do the same. Please do not post any Content that is copyrighted by others. If you believe that your copyrighted work has been infringed, and you want us to take down or disable the infringement, please contact the following StrawBaleGardenClub.com designated agent to receive notifications of claimed infringement under the United States Copyright Act, or violations of other laws or regulations, both foreign and domestic, by its Users:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the URL, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under psenalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Mailing Address: Straw Bale Garden Club
Attn: Copyright Agent
1313 Willow Circle
Roseville, Minnesota 55113
Telephone: (651) 636-5536
StrawBaleGardenClub.com Users who are found to repeatedly violate copyright rights of others may have their access to all services terminated.
12. Choice of Law and Jurisdiction.
Interpretation and enforcement of this Agreement shall be governed by the laws of the state of Minnesota, excluding its choice of law rules. All Users consent to personal jurisdiction in the federal and state courts of the state of Minnesota, for any action arising out of or relating to their use of the Services. The federal and state courts of the state of Minnesota shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees.
13. Severability; Entire Agreement; Nonwaiver.
If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof, and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to such subject matter. Failure by StrawBaleGardenClub.com to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.