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Smart Landscaping: Terms of Service

By visiting or using our site, you agree to be bound by these Terms of Service and by our Privacy Notice, which is hereby incorporated by reference. These Terms of Service apply to all users of our site. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service.

We hereby grant you permission to use our site consistent with these terms of service. Such use shall be limited to personal, non-commercial use, and you agree that you will not copy or distribute any part of our site or content on our site without our prior written consent. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the site other than for use by public search engines for the sole purpose of creating publicly available searchable indices of the materials. You agree not to attempt to access user information or contact users for purposes of commercial solicitations.

Accounts

You may need to create an account to access certain features of our site. You agree to provide complete, accurate information in creating any accounts, and you assume responsibility for use of your account. You agree to notify us immediately of any unauthorized use of your account.

Content

Everything on our site other than user-posted materials is owned by us. Content on our site is provided as is, for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the site and any content on it.

User-Posted Materials

Our site may provide for the display of user-posted materials. You shall be solely responsible for any submissions you make and the consequences of posting or publishing them. By submitting any materials, you hereby represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all proprietary rights in and to any and all materials; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the materials to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the materials in the manner contemplated by the site and these Terms of Service.

You hereby grant us a revocable, worldwide, non-exclusive, royalty-free, fully sublicenseable and transferable, license to use, reproduce, distribute, prepare derivative works of, display, and perform the any submissions. You also hereby grant each user of the site a revocable, non-exclusive license to access your materials and to use, reproduce, distribute, prepare derivative works of, display and perform such materials consistent with these Terms of Service. You may revoke this license at any time by contacting our copyright agent at mpalmer@smartlandscaping.org

You hereby agree that you will not submit any material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights. You hereby agree not to publish falsehoods or misrepresentations, or submit any materials that are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate. We do not endorse any user-posted materials or any opinion, recommendation, or advice expressed therein, and disclaim any liability relating to such materials.

We are not responsible for the accuracy or safety of any user-posted materials. In using our site, you may be exposed to materials that are inaccurate, offensive, indecent, or objectionable, and you hereby waive any legal or equitable rights or remedies you have or may have against us with respect thereto. You agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

Copyright Protection

We do not allow activities that infringe on the copyrights of others. We expressly reserve the right to remove user-posted materials without prior notice, and to terminate a user�s access to our site based on repeated infringing activities.

Any copyright holder that believes that any content on our site infringes their copyright may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our copyright agent is Mike Palmer, SMART Landscaping, 729 W. 16th St. Suite B-1, Costa Mesa, CA 92627 and he can be contacted at mpalmer@smartlandscaping.org

Disclaimer of Warranties

YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY LINKED SITE OR FEATURED IN ANY ADVERTISING WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability and Indemnification

IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

You agree to defend, indemnify and hold harmless us, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the site; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your user-posted materials caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the site

Minors

Our site is not intended for users under the age of 13 years. You affirm that you are over the age of 13.

General Terms and Conditions

These Terms of Service, and any rights and licenses granted hereunder, may be assigned by us without restriction.

Our site is controlled by us in the United States of America. We make no representations that our site is appropriate in any other locations. If you access our site from outside the United States of America, you are responsible for compliance with all local laws.

Our site may include links to third-party sites. We have no control over those sites and do not assume any responsibility for the content of those sites. By using our site you expressly relieve us of any liability based on the content of any third-party site.

These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any dispute or claim arising under or relating in any way to these proceedings shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California.

If any provision of these Terms of Service is deemed invalid, the remaining provisions of these Terms of Service shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

We reserve the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the site following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

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©2008. Smart Landscaping.
729 W. 16th Street, Suite B1, Costa Mesa, CA 92627 | Phone: 877-301-Garden | Email: info@smartlandscaping.org