Copyrights

This Site and the materials within it are 2008 Gardners Wildlife & Gardening, LLC. Use License Gardners Wildlife & Gardening, LLC grants you permission to view this Site and to print individual pages from this Site for your own personal noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create, derivative works from, transfer or sell any information, material software, products or services from this Site.

Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant Gardners Wildlife & Gardening, LLC that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and Gardners Wildlife & Gardening, LLC relating to the sale of products or services to you through this Site, Gardners Wildlife & Gardening, LLC will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.

Links to Third Party Sites

The Site may contain links to websites operated by third parties. Such links do not constitute or imply endorsement of the linked site. The linked sites may appear to be integrated into the Site, but are not under Gardners Wildlife & Gardening, LLC control. Gardners Wildlife & Gardening, LLC is not responsible for the operation or content of any linked site or subsequent links from that site. The policies that govern the use of a linked site will differ from the Term of Use. You should review the policies of a linked site before making a decision to proceed to use that site.

User Submitted Content

By posting or submitting any content or other materials to the Site, including, without limitation, any audio or video files, pictures, sayings or personal information (collectively, Your Content), you affirm, represent and warrant that (1) you own or otherwise control all right, title and interest in and to Your Content, including, without limitation, the copyright thereto, (2) none of the material included in Your Content is defamatory, libelous, obscene or pornographic, and (3) use of the Content as provided herein will not violate any legal rights (tangible or intangible) of any third party. You hereby grant Gardners Wildlife & Gardening, LLC and its designees a worldwide, royalty-free, non-exclusive, transferable, sublicenseable license (the License) to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, and prepare derivative works of Your Content in connection with the Site or the conduct of Gardners Wildlife & Gardening, LLCs business in any format and through any media channels. Gardners Wildlife & Gardening, LLC may monitor, edit or delete Your Content as it appears on the Site at any time and for any reason without your permission.

Indemnification

You agree to indemnify, defend, reimburse and hold harmless Gardners Wildlife & Gardening, LLC, and each parent company, subsidiary, affiliate, division, officer, director, employee, contractor and agent of Gardners Wildlife & Gardening, LLC, for, from and against any and all liabilities, claims and expenses of any type or nature, including, without limitation, costs and attorneys fees, that arise from the exercise of the License set forth above or from your use of the Site.

Intellectual Property

You acknowledge that all content and materials available at the Site other than Your Content (collectively, the Content) are owned or controlled by Gardners Wildlife & Gardening, LLC and protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws. You may only use the Site and the Content as expressly permitted herein and for no other purpose. You may download, print or view individual pages at the Site for private, noncommercial use, provided you do not delete, change or otherwise modify any of the Content, including, without limitation, any copyright or trademark notices. Except as authorized by Gardners Wildlife & Gardening, LLC in writing on a case by case basis, you will not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of the Content. The systematic retrieval of any of the Content to create, compile, directly or indirectly, a collection, compilation, database or directory without the written permission of Gardners Wildlife & Gardening, LLC is prohibited. Unless otherwise indicated, all logos, names, package designs and marks on the Site are trademarks or service marks and may not be used without permission. Gardners Wildlife & Gardening, LLC policy is to terminate the online privileges of individuals who repeatedly violate the copyrights of others.

Notice and Procedure for Making Claims of Copyright Infringement

Pursuant to federal copyright law, if you believe copyrighted work is available at the Site in a way that constitutes copyright infringement, please contact us immediately at the address provided below.

Disclaimer of Warranties

You agree that the software, products and services included in or available through the Site, including, without limitation, the content (collectively, the site materials), are provided on an as is/where is/as available basis. Other than those warranties that are incapable of exclusion, restriction or modification under applicable law, the Site materials are provided for your use without warranty of any kind, express or implied, including, without limitation, the warranties of title and non-infringement and the implied warranties of merchantability and fitness for a particular purpose. Gardners Wildlife & Gardening, LLC does not make any warranty that any of the Site materials are accurate, reliable or correct. That the Site will be available at any particular time or location, that any defects or errors will be corrected, that the site materials are free of viruses or other harmful components or that you will achieve successful results from following any instructions, directions or recommendations available at the Site.

Limitation of Liability

Under no circumstances shall Gardners Wildlife & Gardening, LLC, or any parent company, subsidiary, affiliate, division, officer, director, employee, contractor or agent of operator, be liable for any damages of any kind or nature whatsoever, whether direct, indirect, punitive, incidental, special, consequential or otherwise, that result from the use of, or the inability to use, the Site or from any information provided at the Site, including, without limitation, the content and your content. This limitation applies whether the alleged liability is based on contract, tort, negligence, strictly liability or any other basis, and even if Gardners Wildlife & Gardening, LLC has been advised of the possibility of such damages.

Choice of Law

This Agreement shall, for all domestic and international purposes, be governed, interpreted, construed solely and exclusively in accordance with the laws of the state of Massachusetts without regard to its conflicts of law provisions. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the Site shall be filed only in the state or federal courts located in Massachusetts, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Unauthorized Use and Termination

You agree to use the Site only for authorized and legal activities. Gardners Wildlife & Gardening, LLC reserves the right, in its sole discretion, to terminate your access to all or part of the Site at any time and for any or no reason.

Contact Information

Questions concerning the Terms and Use or the Site should be directed to:

Gardners Wildlife & Gardening, LLC
175B Mansfield Ave. Suite 241
Norton, MA 02766