Terms& Conditions of Use
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services offered thereon. If these terms and conditions are considered an offer by Diggit-plantshare, acceptance is expressly limited to the terms set out herein. The Website is available only to individuals who are 18 years old or more and to younger individuals with parental supervision.
By registering and using the Plant-Share.com website, members of Diggit-plantshare® agree:
- To respect the privacy and preferences for sharing of Diggit-plantshare members at all times;
- Diggit-plantshare LLC will not share your information with anyone other than the person(s) we connect you with for sharing;
- The quality and nature of the interaction of Diggit-plantshare members with each other is the responsibility of the members, not of Diggit-plantshare or its proprietor;
- Diggit-plantshare reserves the right to remove any Content from the Website for any reason whatsoever.
- Diggit-plantshare reserves the right to ban any member from using the service for any reason whatsoever.
- Information about plants provided respectfully by members to other members is "to the best of their knowledge" is provided “as is” without warranty of any kind by the member;
- Shared plant material or garden items have no retail value;
- To sharing "as is" plants for free, i.e., plant materials exchanged are not to be sold or used for commercial purposes;
- Absence of pests, pathogens, weeds, or hitchhikers is not guaranteed;
- The Plant must not be considered, to the best of your knowledge and belief, a noxious or invasive weed and its use or presence must not be otherwise restricted by the laws of the country in which the Plant is physically offered, found and used.
- Quality, survival, and amount of the plant material shared is not guaranteed;
- Existence, nature, quality, or adequacy of the container is not guaranteed;
- Quality and veracity of the information on other websites linked to Plant-Share.com is not guaranteed and Diggit-plantshare does not warrant that product descriptions or other content or information of this website or linked websites are accurate, complete, reliable, current or error-free;
- The Content is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- The Content is not pornographic or defamatory, hateful or racially or ethnically objectionable, does not contain threats or incite violence towards individuals or entities, and does not violate the rights of any third party;
- Copyright Infringement - As Diggit-plantshare asks others to respect its intellectual property rights, it intends to respect the intellectual property rights of others. If you believe that material located on or linked to by Diggit-plantshare violates your copyrights, you are encouraged to notify Diggit-plantshare. Diggit-plantshare will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Diggit-plantshare or others, Diggit-plantshare may, in its discretion, terminate or deny access to and use of the Website.
- ALL MATERIAL OR INFORMATION ON THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. DIGGIT-PLANTSHARE LLC AND ITS MEMBERS, AGENTS AND AFFILIATES DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, SUIT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE;
- These exclusions are in addition to any specific exclusion otherwise provided in any website link provided to you. Because certain federal or state laws do not permit the exclusion of certain warranties, these exclusions may not apply to you;
- DIGGIT-PLANTSHARE LLC AND DIGGIT-PLANTSHARE MEMBERS, AGENTS AND AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES, EITHER DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, FOR USE OF OR INABILITY TO USE MATERIAL, PRODUCTS OR SERVICES OF ANY KIND, DELAY OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS, BUSINESS OR GOODWILL, WHETHER ON A CONTRACTUAL, TORT OR EXTRACONTRACTUAL BASIS, OR TO PROVIDE INDEMNIFICATION OR ANY OTHER REMEDY TO YOU OR ANY THIRD PARTY.
- Changes - Diggit-plantshare reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Diggit-plantshare may also, in the future, offer new services and/or features through the Website, free of charge or for a fee. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
This website and any transaction conducted on or from it shall be governed by the laws of the state of New York and the laws of the United States of America applicable therein without reference to principles of conflict of laws. Jurisdiction for any dispute related to these Terms and Conditions of Use shall be in New York, New York.
These Terms and Conditions of Use constitute the entire agreement between you and Diggit-plantshare with respect to the use of this website and any transaction conducted on or from this website and its contents, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter hereof, and may not be amended or modified except in writing, or by Diggit-plantshare making such amendments or modifications available to it pursuant to the terms hereof.
Diggit-plantshare®, and may only be used with express permission there from.
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