WEBSITE TERMS OF USE


If you do not agree to the Terms of Use, discontinue using the site immediately!

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are Copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by US and International Copyright Laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission. All of the trademarks on this site are trademarks of BonsaiGardener.org or of other owners used with their permission.

Database Ownership, License, and Use

BonsaiGardener.org warrants, and you accept, that The Fusion Network, LLC. is the owner of the copyright of the Databases of Links to articles and resources available from time to time through http://www.BonsaiGardener.org. BonsaiGardener.org and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

BonsaiGardener.org grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from BonsaiGardener.org's databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided "as is" and without warranties of any kind either express or implied. BonsaiGardener.org disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. BonsaiGardener.org does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. BonsaiGardener.org does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not BonsaiGardener.org assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall BonsaiGardener.org be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if BonsaiGardener.org or a BonsaiGardener.org authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall BonsaiGardener.org's total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or medical advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to BonsaiGardener.org and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of BonsaiGardener.org and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by BonsaiGardener.org or its subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of BonsaiGardener.org or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from BonsaiGardener.org, and all information to which you have access through password-protected areas of BonsaiGardener.org's websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

 

Indemnification

Customer agrees to indemnify, defend, and hold harmless The Fusion Network, LLC. and BonsaiGardener.org from all claims (whether valid or invalid), suits, judgment, proceedings, losses, damages, costs and expenses, of any nature whatsoever (including reasonable attorney's fees) for which The Fusion network, LLC and BonsaiGardener.org or any of its affiliates may become liable resulting from the use or misuse of any products sold through the BonsaiGardener.org website.

Refund & Return Policy

BonsaiGardener.org Offers a 90-day, no questions asked 100% refund policy. If, at any time within 90 days of your purchase date you are unsatisfied with our product, simply contact us at sales@bonsaigardener.org with your receipt #, and an immediate refund will be issued.  ALL SALES EXCEEDING 90 DAYS ARE FINAL.

Other Legal Stuff

These Terms of Use will apply to every access to http://www.BonsaiGardener.org. BonsaiGardener.org reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from BonsaiGardener.org will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without BonsaiGardener.org's written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the North Carolina, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate BonsaiGardener.org and/or its affiliates' intellectual property rights, BonsaiGardener.org and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of North Carolina, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Hoke County, North Carolina. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Hoke County, North Carolina, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all http://www.BonsaiGardener.org site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at BonsaiGardener.org's sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other http://www.BonsaiGardener.org site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

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