Terms of Use

Effective as of: [December 25, 2003]

This Web site, currently located at fromthegardens.com, as well as all services related to this Web site (collectively, the “Site”) is provided by From The Gardens (“FTG,” “us,” “our,” or “we”). The terms and conditions set forth in this terms of use notice (“Terms of Use”) shall govern and apply to your visit to and use of the Site. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, in whole or in part, please do not use this Site .

General

We reserve the right to change or discontinue any content or feature of the Site, or impose, change, or modify the terms and conditions of these Terms of Use. Depending on the nature of the change, we will either announce the change (1) on the home page of the Site, (2) provide such notice via e-mail to those who provide us with their e-mail address, or (3) take such other action as we deem appropriate under the circumstances. By continuing to use the Site following an announcement of any change, you will be deemed to have agreed to such change. You agree to review these Terms of Use periodically to be aware of such changes or revisions.

Site Conduct

The Site is intended to be used for lawful purposes only. You may have the opportunity to post, transmit or otherwise make available information, opinions, ideas, images or other content on the Site. You may not post or transmit any material or content on the Site that violates or infringes in any way upon the rights of others or solicits, encourages, or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any local, state, or federal law. In addition, you may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by means of “hacking,” “cracking,” “spoofing,” or defacing any portion of the Site.

You may not post or transmit through the Site: advertising or commercial solicitations; promotional materials relating to Web site or online services which are competitive with us and/or the Site; software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful or disruptive component; political campaign materials; chain letters; mass mailings; spam mail; material protected by copyright, trademark or any other proprietary right; any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or their contents; or posts that express or imply that any statements you make are endorsed by us, without our prior written consent. Additionally, you may not harvest or collect information about Site visitors without their express consent.

Copyright©2003 From The Gardens All rights reserved. This Site and the contents of the Site are intended for your personal, noncommercial use. The Site contains copyrighted material, including, without limitation, text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the “Site Content”). This Site is protected by copyright as a collective work, pursuant to U.S. copyright laws, international conventions, and other copyright laws. FTG and third party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, decompile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content, in whole or in part. You may download or copy one copy of the Site Content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying Site Content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Notwithstanding the foregoing, you may not download or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the Site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.

You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.

Copyright Infringement Claims

If you believe that any material or content posted on the Site constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a “Notice”):

* Your address, telephone number, and email address;
* A description of the copyrighted work that you claim has been infringed;
* A description of where the alleged infringing material is located;
* A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
* An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
* A statement by you, made under penalty 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.

Copyright Agent:

Virginia Spina
From The Gardens
4321 Gates Road
Jamesville, NY 13078
Phone: (315) 682-7333
Fax: (866) 215-1263
e-mail: copyright@fromthegardens.com

If I link to another Web site and provide information to that Web site, how will that information be handled?

This Site may contain links to other Web sites. If you link to another Web site, you will leave this Site and this Policy will not apply to your use of, and activities on, those other Web sites. We encourage you to read the legal notices posted on those other Web sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, those Web sites.

Third Party Sites

You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Web sites to which you may link from this Site (“Linked Sites”). Links to Linked Sites do not constitute an endorsement by or association with us of such sites or the content, products, advertising or other materials presented on such sites. We do not author, edit, or monitor these Linked Sites. You acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites.

Product Descriptions

While we, and our affiliates, attempt to provide accurate information on the Site, we do not warrant that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Your sole remedy for the purchase of any product on the Site is to return it for a full or partial refund as set forth in the shipping contract governing such purchase.

Disclaimer of Warranty; Limitation of Liability

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE RELATED SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW.

YOU SPECIFICALLY ACKNOWLEDGE THAT FTG, ITS SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION EVEN IF FTG OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FTG NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. UNDER NO CIRCUMSTANCES WILL FTG BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT AND/OR ANY POSTINGS ON THE SITE.

Monitoring

We shall have the right, but not the obligation, to monitor the content of the Site to determine compliance with these Terms of Use and any other operating rules established by us. We shall have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site that we find to be in violation of these Terms of Use or is otherwise objectionable or stale, to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly; to protect ourselves, our sponsors, and our Members and visitors, and to comply with legal obligations or governmental requests. Notwithstanding these rights or obligations of FTG, you shall remain solely responsible for any information that you post, transmit or otherwise make available on or through the Site. You acknowledge and agree that neither we nor any third party content provider shall assume or have any liability for any action or inaction by us or any third party content provider with respect to any conduct, communication or posting on the Site.

Indemnification

You agree to defend, indemnify, and hold harmless FTG, its third party service providers, and their respective directors, officers, employees, owners, licensors, licensees, and agents from and against all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a breach of these Terms of Use by you and/or your activities in connection with the Site or any services related to the Site. We may participate in the defense of any claim at its own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Site, or (3) any content available through the Site or any change therein, is to stop visiting and using the Site. We may terminate your use of the Site, at any time, in its sole discretion.

Equipment

You shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the Site, and you are responsible for all charges related thereto.

Privacy

See the From The GardensOnline Privacy Policy

Miscellaneous

These Terms of Use and any operating rules for the Site established by us constitute the entire understanding of the parties with respect to the use of the Site. We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to personal jurisdiction by the federal and state courts located in Onondoga County, New York State. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any provision of these Terms of Use is found to be unenforceable for any reason, than that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Our Address

From The Gardens
4321 Gates Road
Jamesville, NY 13078
http://www.fromthegardens.com

Permissions

If you are interested in reproducing any Site Content, you will need our permission, which we may approve or deny in our sole discretion. Please send your request to:

From The Gardens
4321 Gates Road
Jamesville, NY 13078
Attn: Permissions
You may fax your request to:(866) 215-1263
e-mail: permissions@fromthegardens.com

Linking To Our Site

If you are interested in linking to our Site from your site, please e-mail your request, which we may approve or deny in our sole discretion, to affiliate@fromthegardens.com.