Terms and Conditions of Use
Effective May 2018
GardenComm is committed to keeping your e-mail address confidential. We do not sell, rent or lease to third parties the emails of members, Annual Conference attendees or anyone else with whom we conduct business.
Welcome to the website of GardenComm (formerly Garden Writers Association or GWA). This site is provided as a service of GardenComm.
Description of Service
GardenComm.org consists of several sections, some of which have restricted access.
The entire contents and design of the website, including all trademarks, logos, trade names, documents, databases, graphic representations, and other information, are the property of GardenComm, or used by GardenComm with permission, and are protected under U.S. and international copyright and trademark laws, whether or not a notice of copyright, trademark, or other proprietary rights appears on the screen displaying the information. Except as otherwise provided herein, users of the website may save and use information contained on the website only for personal or other noncommercial, educational purposes. No other use, including, without limitation, reproduction, retransmission or editing, of Site information may be made without the prior written permission of GardenComm, which may be requested by contacting GardenComm at email@example.com.
Limitation of Liability
In no event shall GardenComm or its officers, directors, members, staff, or agents, be liable for any damages of any kind, including, without limitation, any special, incidental, indirect, or consequential damages, whether or not advised of the possibility of such damages, and on any theory of liability whatsoever, arising out of, or in connection with, the use or performance of the website or any content appearing on the website.
GardenComm makes no warranty, guaranty, or representation regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within the website, including, without limitation, the warranties of merchantability, fitness for a particular use, and non-infringement of propriety rights. The information, opinions, and recommendations presented within the website are for general information only. Such information should not be considered medical advice and is not intended to replace consultation with a qualified physician. Unless specifically stated otherwise, GardenComm does not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on the website, and information from the website should not be referenced in any way to imply such approval or endorsement. Moreover, GardenComm makes no warranty that the website, or the server that makes it available, is free from viruses, worms, or other elements or codes that manifest contaminating or destructive properties. GardenComm expressly disclaims any and all liability or responsibility for any direct, indirect, incidental, consequential, special or other damages arising out of any individual’s use of, reference to, reliance on, or inability to use, the website or the information presented on the website. In any jurisdiction that does not permit such a disclaimer of liability, GardenComm’s liability shall be limited to the greatest extent allowed by applicable law.
Links or pointers connecting the website with other websites are provided as a courtesy only and do not imply, directly or indirectly, the endorsement, sponsorship, or approval by GardenComm of the linked site, the organization or individual operating the website, or any product, service, individual, or organization referenced in the website. In general, any website that has an address (or URL) that does not contain “gardenwriters.org” is a linked website. The content of any linked site does not necessarily reflect the opinions, standards or policies of GardenComm. Linked sites are not under the control of GardenComm, and GardenComm is not responsible for the content of any linked site, any links contained within a linked site, any changes or updates to such sites, or the compliance with applicable laws of such linked sites.
DMCA Notice and Takedown Procedures
GardenComm abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of its response, GardenComm may remove or disable access to material on the website that is claimed to be infringing, in which case GardenComm will make a good-faith attempt to contact the person who submitted the affected material so that person may make a counter notification, also in accordance with the DMCA. By posting material to the website, the posting party represents and warrants that he or she owns the copyright with respect to such material or has received permission from the copyright owner. In addition, the posting party grants GardenComm and users of the website the nonexclusive, unrestricted, royalty-free right and license to display, copy, publish, distribute, transmit, print, and use such information or other material. Anyone who believes that material posted on the website infringes on his or her copyrighted work should contact GardenComm at firstname.lastname@example.org or 212.297.2198 to request removal.
Choice of Law and Forum
This Agreement is entered into and performed in the State of New York, United States of America, and is governed by the laws of New York, exclusive of its choice of law or conflict of laws provisions. In any claim or action directly or indirectly arising under this Agreement or related to gardenwriters.org, each party irrevocably submits to the exclusive personal jurisdiction of the state courts located in New York County, New York, or United States District Court, whichever has jurisdiction, and each party waives any jurisdictional venue or inconvenient forum objections to such court.