Intellectual Property Rights

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. If you share our content via social media, we ask that your postings clearly acknowledge us as the source.

You acknowledge that Grow Your Own Vegetables LLC has the right but not the obligation to use and display any postings or contributions of any kind and that Grow Your Own Vegetables LLC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.

Responsible Use and Conduct

By visiting our website and accessing the Resources, you agree to use these Resources only for the purposes intended and as permitted by (a) the Terms, and (b) applicable laws, regulations and generally accepted online practices and guidelines.

Wherein, you understand and agree that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as public comments, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

• Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
• Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
• Contains any type of unauthorized or unsolicited advertising;
• Impersonates any person or entity, including any Grow Your Own Vegetables LLC employees, contractos, or representatives.

h. We have the right at our sole discretion to remove any content that we feel in our judgment does not comply with these Terms, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

i. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Grow Your Own Vegetables LLC and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.

j. You agree to indemnify and hold harmless Grow Your Own Vegetables LLC and its agents from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under these Terms. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, 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, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

YOU acknowledge and agree that no representation has been made by Grow Your Own Vegetables LLC or its affiliates and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in ANY PROGRAM OF ANY KIND OFFERED BY GROW YOUR OWN VEGETABLES LLC.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND GROW YOUR OWN VEGETABLES LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

WITH REGARDS TO CONTENT RELATING TO HEALTH & WELLNESS ON THE SITE:

THIS SITE OFFERS WELLNESS AND NUTRITIONAL INFORMATION AND IS DESIGNED FOR EDUCATIONAL PURPOSES ONLY. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN OR OTHER HEALTHCARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.

NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not necessarily imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In some cases, we may receive monetary compensation or other types of remuneration for our endorsement and/or link to some products or services shared on our site. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not Grow Your Own Vegetables LLC. Neither Grow Your Own Vegetables LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Grow Your Own Vegetables LLC neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Grow Your Own Vegetables LLC representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY GROW YOUR OWN VEGETABLES LLC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Grow Your Own Vegetables LLC its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

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Passwords

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

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Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

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Digital Product Return Policy

Unless otherwise stated, we offer full refunds for all digital product purchases made on the https://growyourownvegetables.org website, within 30 days of date of purchase. If customers are not satisfied with a digital product purchase, they must contact us within 30 days by emailing to Support@GrowYourOwnVegetables.org. Please put “Refund” in the subject and give us the email address you used with your purchase, for a full refund.

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Definition Of Lifetime Access

“Lifetime” is defined as lifetime of the product. If the product is ever discontinued, we have no responsibility to continue providing those services to the user. The user also agrees that all services were fully delivered on a satisfactory basis. In the case of digital products, the user is free to download the products and to keep them in perpetuity, and we will maintain such products on our website for customer download for a minimum of one year from date of purchase.

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Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by Grow Your Own Vegetables LLC infringe your copyright, you, or your agent may send to Grow Your Own Vegetables LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Grow Your Own Vegetables LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to Grow Your Own Vegetables LLC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Grow Your Own Vegetables LLC’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: Support@GrowYourOwnVegetables.org.

This Agreement shall be binding upon and inure to the benefit of Grow Your Own Vegetables LLC and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of Grow Your Own Vegetables LLC. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by Grow Your Own Vegetables LLC to any affiliated entity or any of its wholly owned subsidiaries

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Dispute Resolution:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Oregon and any dispute shall be subject to binding arbitration in Eugene, Oregon. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

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Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Your privacy is very important to us, we will never rent, sell or share your information to another party. All data we collect is protected against unauthorized access. We will never knowingly or willingly sell, trade, or give your personal information to other companies or organizations. Please note that if you give out personal information online through a discussion board or posting site, that information can be collected and used by third parties. We cannot guarantee the security of information you post in these forums and you agree to hold us harmless from any and all liabilities arising out of such sharing of information.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the “Last Updated” date at the top of this policy and, in some cases, may, at our discretion, provide you with additional notice (i.e. through email, webpage, social media, etc.). We encourage you to review our Privacy Policy whenever you access our Services or otherwise interact with us to stay informed about our information practices and the ways you can help protect your privacy.

Collection of Information

I. Personal Information

Personal information is information relating to an identifiable person who can, by virtue of such information, be directly or indirectly identified. You may be asked to provide Your personal information anytime You are in contact with this Site, and/or any Agents connected to this Site. This Site and its Agents may share this personal information with each other and use it consistent with our Privacy Policy and may also be combined with other information to provide and improve our Resources and Marketing/Advertising. You are not required to provide the personal information that we have requested, but, if You chose not to do so, in many cases we will not be able to provide You with our Resources or respond to any queries You may have. 

II. About Non Personal Information

Non personal information may be collected directly or automatically. When you access or use our Resources, we gather some information automatically and store it. This type of data is a form that does not identify any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. We may collect information regarding customer activities on any of our websites. 

A. When We Collect Non-Personal Data

We collect information any time you visit our Site and perform actions on our Site.

B. What Types of Personal Information We Collect

1. Log Information: We collect log information about your use of the Resources, including your Internet Protocol (“IP”) address, language, Internet service provider (ISP), web request, access times, pages viewed, web browser, operating system, date/time stamp, and clickstream data (links clicked and the page you visited before navigating to the Resources).
2. Mobile Device Information: We collect information about the mobile device you use to access our Resources, including the hardware model, operating system and version, unique device identifiers, mobile network information and information about your use of our mobile applications.
3. Information Collected by Cookies and Other Tracking Technologies: https://growyourownvegetables.org and our related Sites and Agents, and our e-mail messages and advertisements may use “cookies” and other technologies such as tracking, re-marketing tags, web beacons and pixels based on context, e.g., a search query, a channel You are reading, or inferred interests.
   – Cookies are small data files stored on your hard drive or in device memory that help us improve our Resources and your experience, see which areas and features of our Resources are popular, and count visits.
     – Web beacons are electronic images that may be used in our Resources or emails and help deliver cookies, count visits, and understand usage and campaign effectiveness.
4. Other Information We May Collect:We may collect information such as business, language, zip code, area code, unique device identifier, referrer URL, and the time zone where a Sites Resource is used.We may collect information regarding customer activities on any of our websites.We may collect and store details of how You use our Site and Resources.

C. How We Use and Why We Collect Your Non-Personal Information

Our Goal & Purpose for collecting your non-personal data is to better understand what you are looking for and how we can serve you.

We may collect and store details of how You use our Site and Resources. This information may be used to improve the relevancy of results provided by our Resources.

Non personal information is generally gathered automatically and we use this information to administer the Site, to learn about user behavior on the Site, to improve our Resources, and to gather demographic information about our user base as a whole. We may use this information in our marketing and advertising services.

We track click-through data to help us determine interest in particular topics and measure the effectiveness of our marketing communications. We also use it to account for Affiliate activity and pay Affiliate commissions and bonuses.

These technologies help us better understand User behavior, tell us which parts of our Sites people have visited and Resources people use, and utilize this information to facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non personal information. We design and target advertising based on how You interact with our Sites.

Grow Your Own Vegetables LLC and our agents also use cookies and other technologies to remember how You use our Sites and Resources. Our goal in these cases is to make Your experience with our Site more convenient and personal, and provide You better customer service.

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D. Limited Ad Tracking

1. If You do not wish to receive ads targeted to Your interests from us, You can choose to limit ad tracking, which will opt You out of receiving such ads regardless of what device You are using. You may still see ads based on context like a search query or a channel You are reading.To limit ad tracking, you may use Your browser’s settings to disable cookies and other tracking tools. Please note that certain features of our Site may not be available once cookies are disabled.

III. Additional Use of Information

We may use both personal and non personal information about you for various purposes, including to:

• Provide, maintain, improve and promote our products and services;
• Provide and deliver the information, products and services you request, process transactions and send you related information, including confirmations and receipts;
• Send you technical notices, updates, security alerts, and support and administrative messages;
• Respond to your comments, questions and requests, and provide customer service;
• Communicate with you about products, services, surveys, offers, promotions, rewards and events offered by Company and others, and provide news and information we think will be of interest to you;
• Monitor and analyze trends, usage and activities in connection with our Services;
• Personalize and improve the Services and provide advertisements, content or features that match user profiles or interests;
• Facilitate contests, sweepstakes and promotions, and process and deliver entries and rewards;
• Link or combine with information we get from others to help understand your needs and provide you with better service; and
• Carry out any other purpose for which the information was collected.
  

We are based in the United States and the information we collect is governed by U.S. law. By accessing or using the Resources on this Site or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S.

IV. What Types Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Resources. For example, if you create or log into your account through a third-party social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site; we may also collect information about you when you post content to our pages/feeds on third-party social media sites.

V. Storage of Information