This page contains our full User Agreement.
You may wish to print this page for reference.
This Agreement sets forth the terms and conditions for your use of all of KadasGarden.com. Your use of this site constitutes your agreement to these terms and conditions.
This Agreement (the “Agreement”) is between you and KadasGarden.com, otherwise (“Kadas Garden”).
1. Your Rights.
Kadas Garden grants you a non-exclusive, non-transferable, limited right to access, use and display its Web site (the “Site”) and the materials provided hereon, provided that you comply fully with this Agreement. The contents of the Site is only for your personal, noncommercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Site in any way.
2. No-Commercialization Policy.
You agree to use the Site, only in a noncommercial manner and in compliance with Kadas Garden No-Commercialization Policy. You specifically agree not to post, transmit or otherwise distribute to the Site (including without limitation any Forum) any material containing any solicitation of funds, advertising or solicitation for goods or services. We encourage you to report any apparent violation to us by email.
3. Copyright and Trademarks.
All materials on the Site, including without limitation text, images, software, audio and video clips, databases (collectively, the “Content”) are owned or controlled by Kadas Garden, which retains all right, title, and interest in and to the Content. The Sites and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.
You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Site or any portion thereof for any public or commercial use without the prior written permission of Kadas Garden..
You agree not to use any trademarks, service marks, names, logos, or other identifiers of Kadas Garden or its employees, licensors, independent contractors, providers and affiliates (collectively, “Affiliates”) without the prior written permission of Kadas Garden or the relevant Affiliate.
In addition, you may not use our trademarks:
(a) in, as, or as part of, your own trademarks or those of any third parties;
(b) to identify products or services that are not those of Kadas Garden;
(c) in a manner likely to cause confusion; or
(d) in a manner that implies that Kadas Garden sponsors or endorses or is otherwise connected with, your own activities, products and services or those of third parties.
Kadas Garden may make available to users of the Site, email notices, newsletters, forums, message boards, bulletin board services, Customer Review services, or other interactive communication facilities by means of the Sites (such facilities collectively referred to herein as the “Discussions”). Kadas Garden cannot review all communications made on or through the Sites. However, Kadas Garden reserves the right, but has no obligation, to monitor the Forums and edit, modify or delete any materials which Kadas Garden in its sole discretion determines to violate this Agreement or to be in any other way offensive or contrary to any Kadas Garden policy.
5. Communicating with the Sites.
You are solely responsible for the content of any transmissions you make to the Site or any materials you add to the Site, including to any Discussions (the Communications”). You shall not upload to, or distribute to, or otherwise publish through the Discussions any Communication which (i) is for commercial purposes or otherwise advertises or solicits for the sale of goods or services;
(ii) is obscene, indecent, pornographic, profane, sexually explicit, or abusive;
(iii) constitutes or contains false or misleading indications of origin or statements of fact;
(iv) slanders, libels, defames, disparages, or otherwise violates the legal rights of any third party;
(v) causes injury of any kind to any person or entity;
(vi) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party;
(vii) violates any applicable laws, rules, or regulations or
(viii) contains software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Furthermore, you acknowledge that conduct prohibited in connection with the Forums includes, but is not limited to, impersonation of other people and breaching or attempting to breach the security of the Sites. Kadas Garden and its Affiliates do not endorse or accept any Communications as its own or representative of its views.
6. Public Communications.
You acknowledge and agree that any public Communications made to or by means of any portion of the Site are public. You acknowledge that
(i) you have no expectation of privacy in any public Communication and
(ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Kadas Garden, Inc. by reason of your transmitting a public Communication to any area of the Sites. By transmitting any public Communication to the Sites, you grant to Kadas Garden a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, distribute, display, reproduce, transmit, modify, edit, and otherwise exploit such public Communication, in all media now known or later developed. The foregoing grant shall include the right to exploit any proprietary rights in such public Communications, including, without limitation, any intellectual property laws under any relevant jurisdiction, and shall constitute a waiver of any rights, “moral rights,” or any similar rights under any jurisdiction.
7. Unsolicited Email.
You agree not to use the Discussions or any other area of the Sites to send the same or substantially similar unsolicited electronic mail messages, whether commercial or not, to a large number of recipients. This prohibition includes sending unsolicited mass mailings from another Internet service which in any way involves the use of the Sites or any equipment owned or operated by Kadas Garden in connection with the Sites. A message is unsolicited if it is posted in violation of a USENET or newsgroup charter and/or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one’s e-mail address accessible to the public shall not constitute a request or invitation to receive messages.
8. Your password.
If we elect a membership format in the future, as part of the registration process, you will select a password. This password is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access feature, and agree that Kadas Garden will have no obligations with regard thereto.
10. Information Provided.
You acknowledge that any reliance upon any advice, opinion, statement, or other information displayed or distributed through the Sites is at your sole risk. Kadas Garden reserves the right, in its sole discretion and without notice, to correct any errors or omissions in any portion of the Sites, or to deny access to the Sites to anyone at any time. You acknowledge and agree that Kadas Garden is not responsible for any materials posted by users of the Sites. Prior to purchasing any third-party products or services described on the Sites, you are advised to verify pricing and other information. Neither Kadas Garden nor its Affiliates shall have any liability arising from your purchases of third-party goods or services based upon the information provided on the Sites.
11. Links to Other Sites.
12. Age restrictions.
You represent and warrant to Kadas Garden that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Sites in accordance with this Agreement. If you are under 18, you may use these Sites only with the involvement of a parent or guardian.
You hereby agree to indemnify, defend and hold harmless Kadas Garden and its Affiliates from and against any and all liability and costs incurred by Kadas Garden or the Affiliates in connection with any claim arising out of any breach or alleged breach of any of your obligations set forth herein. You shall cooperate as fully as reasonably required in the defense of any claim. Kadas Garden reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Kadas Garden.
14. Disclaimer Of Warranty.
Except as expressly set forth herein, the Sites (including all content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof) are provided as is, without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, or non-infringement. To the fullest extent permissible by law, Kadas Garden and the affiliates make no warranties and shall not be liable for the use of the Sites under any circumstances, including but not limited to negligence by Kadas Garden. Kadas Garden does not warrant that the functions contained in the Sites or the fee-based services will be uninterrupted or error-free, that defects will be corrected, that the Sites or fee-based services will meet any particular criteria of performance or quality, or that the Sites, including discussions or the server(s) on which the Sites are operated, are free of viruses or other harmful components.
15. Limitation Of Liability.
Use of the Site is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Sites. Under no circumstances shall Kadas Garden or the affiliates, or any provider of telecommunications or network services for Kadas Garden or the affiliates, be liable for any indirect, punitive, special, or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Sites or fee-based services, even if Kadas Garden, the affiliates, or their providers of telecommunications or network services have been advised of the possibility of such damages. The total liability of Kadas Garden and the affiliates hereunder is limited to the amount of $50 dollars. You hereby release Kadas Garden and the affiliates from any and all obligations, liabilities and claims in excess of this limitation. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In addition to any other rights of the parties set forth herein, either you or Kadas Garden may cancel or terminate this Agreement at any time in accordance with the membership help instructions. Kadas Garden also reserves the right to restrict, suspend or terminate your access in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement.
(a) To the Agreement.
Kadas Garden has the right to modify this Agreement and any policies affecting the Sites, including without limitation the No-Commercialization Policy. Any modification is effective immediately upon posting to the Sites or distribution via email or conventional mail. Your continued use of the Sites following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Kadas Garden in providing the Sites, including without limitation
(i) any change in the Content
(b) To the Sites.
Kadas Garden has the right to modify, suspend or discontinue the Sites or any portion thereof at any time, including the availability of any area of the Site. Kadas Garden may also impose limits on certain features and services or restrict your access to parts or all of Kadas Garden without notice or liability.
This Agreement constitutes the entire agreement between you and Kadas Garden with respect to its Site.. Failure by Kadas Garden to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Connecticut (excluding its choice of law rules). 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. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Last update on: 8/1/2017.