Terms
and Conditions
Read This Terms and
Conditions Agreement Before Accessing Website.
Effective Date: This Terms and Conditions Agreement was last
updated on November 1, 2007
This Terms and Conditions Agreement sets forth the standards of use
of the Meredith Starr Online Service. By using the www.bettergardens-organic.com website you (the “Visitor”)
agree to these terms and conditions. If you do not agree to the
terms and conditions of this agreement, you should immediately cease
all usage of this website. We reserve the right, at any time, to
modify, alter, or update the terms and conditions of this agreement
without prior notice. Modifications shall become effective
immediately upon being posted at www.bettergardens-organic.com
website. Your continued use of the Service after amendments are
posted constitutes an acknowledgement and acceptance of the
Agreement and its modifications. Except as provided in this
paragraph, this Agreement may not be amended.
1. Disclaimer of Warranties.
The site is provided by Meredith Starr on an “as is” and on
an “as available” basis. To the fullest extent permitted by
applicable law, Meredith Starr makes no representations or
warranties of any kind, express or implied, regarding the use or the
results of this web site in terms of its correctness, accuracy,
reliability, or otherwise. Meredith Starr shall have no
liability for any interruptions in the use of this Website. Meredith
Starr disclaims all warranties with regard to the
information provided, including the implied warranties of
merchantability and fitness for a particular purpose, and
non-infringement. Some jurisdictions do not allow the exclusion of
implied warranties, therefore the above-referenced exclusion is
inapplicable.
2. Limitation of Liability
MEREDITH STARR SHALL NOT BE LIABLE FOR ANY DAMAGES
WHATSOEVER, AND IN PARTICULAR
MEREDITH
STARR SHALL NOT BE
LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL
DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE PRODUCT(S) AND OR SERVICE(S) OR ANY MISUSE OF THE PRODUCT(S) AND OR
SERVICE(S) IN A MANNER NOT IN ACCORDANCE WITH THEIR INTENDED USE, OR
DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING
OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN
IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF
MEREDITH
STARR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME
JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF
THE ABOVE LIMITATIONS IS INAPPLICABLE.
3. Indemnification
Visitor agrees to indemnify and hold Meredith Starr, her subsidiaries, affiliates, officers and employees, harmless
from any claim or demand, including reasonable attorneys’ fees and
costs, made by any third party due to or arising out of Visitor’s
use of the Service, the violation of this Agreement, or infringement
by Visitor, or other user of the Service using Visitor’s computer,
of any intellectual property or any other right of any person or
entity.
4. Modifications and Interruption to Service
Meredith Starr reserves the right to modify or discontinue
the Service with or without notice to the Visitor. Meredith Starr shall not be liable to Visitor or any third party should
Meredith Starr exercise her right to modify or discontinue
the Service. Visitor acknowledges and accepts that Meredith Starr does not guarantee continuous, uninterrupted or secure
access to our website and operation of our website may be interfered
with or adversely affected by numerous factors or circumstances
outside of our control.
5. Third-Party Sites
Our website may include links to other sites on the Internet that
are owned and operated by online merchants and other third parties.
You (the “Visitor”) acknowledge that we are not responsible for the
availability of, or the content located on or through, any
third-party site. You (the “Visitor”) should contact the site
administrator or webmaster for those third-party sites if you have
any concerns regarding such links or the content located on such
sites. Your use of those third-party sites is subject to the terms
and Conditions and privacy policies of each site, and we are not
responsible therein. We encourage all Visitors to review said
privacy policies of third-parties’ sites.
6. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been
provided by the Vendors or collected from publicly available
sources. While Meredith Starr makes every effort to ensure
that the information on this website is accurate, we can make no
representations or warranties as to the accuracy or reliability of
any information provided on this website.
Meredith Starr makes no warranties or representations
whatsoever with regard to any product provided or offered by any
Vendor, and you (the “Visitor”) acknowledge that any reliance on
representations and warranties provided by any Vendor shall be at
your own risk.
7. Governing Jurisdiction of the Courts of New South Wales,
Australia
Our website is operated and provided in the State of New South
Wales, Australia. As such, we are subject to the laws of the State
of New South Wales, Australia, and such laws will govern this Terms
and Conditions, without giving effect to any choice of law rules. We
make no representation that our website or other services are
appropriate, legal or available for use in other locations.
Accordingly, if you choose to access our site you agree to do so
subject to the internal laws of the State of New South Wales,
Australia.
8. Compliance with Laws.
Visitor assumes all knowledge of applicable law and is responsible
for compliance with any such laws. Visitor may not use the Service
in any way that violates applicable state, federal, or international
laws, regulations or other government requirements. Visitor further
agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or
otherwise violate any applicable local, state, national, or
international law or regulation.
9. Copyright and Trademark Information
All content included or available on this site, including site
design, text, graphics, interfaces, and the selection and
arrangements thereof is ©2008 Meredith Starr, with all
rights reserved, or is the property of Meredith Starr
and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes
other than those noted above, modification, distribution, or
replication, any form of data extraction or data mining, or other
commercial exploitation of any kind, without prior written
permission of an authorized officer of Meredith Starr is
strictly prohibited. Visitors agree that they will not use any
robot, spider, or other automatic device, or manual process to
monitor or copy our web pages or the content contained therein
without prior written permission of an authorized officer of
Meredith Starr.
Meredith Starr™ and www.bettergardens-organic.com™
are proprietary marks of Meredith Starr. Meredith Starr’s trademarks may not be used in connection with any product
or service that is not provided by Meredith Starr, in any
manner that is likely to cause confusion among customers, or in any
manner that disparages or discredits Meredith Starr.
All other trademarks displayed on Meredith Starr’s website
are the trademarks of their respective owners, and constitute
neither an endorsement nor a recommendation of those Vendors. In
addition, such use of trademarks or links to the web sites of
Vendors is not intended to imply, directly or indirectly, that those
Vendors endorse or have any affiliation with Meredith Starr.
10. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted
through the Digital Millennium Copyright Act, Meredith Starr. and www.bettergardens-organic.com designate the following
individual as their agent for receipt of notifications of claimed
copyright infringement.
By Mail
David Lewis
Better Gardens - Organic,
8/1 Tooth St
Bundanoon
NSW 2578
Australia
By Telephone: 61248836351
By Email:
info@bettergardens-organic.com
11. Botnets
Meredith Starr retains the right, at our sole discretion,
to terminate any accounts involved with botnets and related
activities. If any hostnames are used as command and control points
for botnets, Meredith Starr reserves the right to direct
the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
12. Other Terms
If any provision of this Terms and Conditions Agreement shall be
unlawful, void or unenforceable for any reason, the other provisions
(and any partially-enforceable provision) shall not be affected
thereby and shall remain valid and enforceable to the maximum
possible extent. You (the “Visitor”) agree that this Terms and
Conditions Agreement and any other agreements referenced herein may
be assigned by Meredith Starr, in our sole discretion, to a
third party in the event of a merger or acquisition. This Terms and
Conditions Agreement shall apply in addition to, and shall not be
superseded by, any other written agreement between us in relation to
your participation as a Visitor. Visitor agrees that by accepting
this Terms and Conditions Agreement, Visitor is consenting to the
use and disclosure of their personally identifiable information and
other practices described in our Privacy Policy Statement.
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