The Agreement is made by and between WIKIGARDENS and each user of the Information,
System or Networks (“User”). The posting and use of the Information by Users is free of charge.
1. Nature of Information. WIKIGARDNS is an open-content website for individuals to
share gardening information and expertise with other Users (“Information”). None of the
Information posted by Users has been verified by WIKIGARDENS. The Information provided
on the site may contain errors, be inaccurate, incomplete or out of date. WIKIGARDENS’
publication of a User’s Information is not our endorsement of the author, his or her Information,
or of any method or product discussed in the Information. WIKIGARDENS is not liable or
responsible for the content of any Information.
2. Inappropriate, Illegal or other Harmful Use or Access. The Information posted by
Users must be suitable for gardeners. WIKIGARDENS reserves the right to reject or remove
Information from the website. Users shall not be reckless or negligent in the posting of any
Information. Any photos posted must be your own photos. The Information may not be used for
any illegal purpose. You may not access our networks, computers or Information in any manner
that could damage, disable, overburden, or impair them, or interfere with any other person’s use
and enjoyment. You may not attempt to gain unauthorized access to any Information, other
accounts, computer systems, or networks connected with our sites or Contents. YOU MAY
NOT ADD LINKS THAT ARE IRRELAVANT TO THE PURPOSE OF THE SITE AND
ITS CONTENT. Any links added to the site automatically carry the "no follow" tag, so that they
do not pass page rank, or anything else useful for spammers.
3. Assumption of the Risk. User assumes any and all risk of physical or economic
damage, injury or death from use of the Information. User has been warned of the limitations
and risks in use of the Information, and despite such warnings, chooses of its own free will to
continue to access or use the Information.
4. Use on Other Web Sites. User is free to use the Information for User’s personal use.
The Information is licensed only for the personal, household, educational use by individuals.
Reproducing Information on another site or redistributing the Information is forbidden. Taking
Information from this site and editing it and posting it on another site is also forbidden. You may
not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works
from, distribute, perform, display, or in any way exploit, any of the Information.
5. Links To Other Web Sites. The Information may link you to other web sites or
information, software, data, or other contents on or off the internet. However, WIKIGARDENS
has not reviewed the contents that may be linked and is not responsible for the content. Your
linking to any other pages on other sites is at your own risk. Please remember that such sites are
not WIKIGARDEN sites and the content on such sites could change without WIKIGARDEN's
knowledge. The information, software, data, or other contents (including opinions, claims,
comments) contained in linked references are those of the companies responsible for such sites
and should not be attributed to WIKIGARDENS. WIKIGARDENS has not attempted to verify
the truth or accuracy of any such opinion, claim or comment, nor does WIKIGARDENS endorse
or support them.
6. User Indemnification. Each User will indemnify and hold harmless WIKIGARDENS,
its officers, directors and shareholders, against any claims or losses imposed on, incurred by, or
asserted as a result of or relating to: (a) any noncompliance by User with the terms and
conditions hereof; (b) any third-party actions related to or arising from User’s receipt or use of
the Information, whether authorized or unauthorized under the Agreement.
7. DISCLAIMER OF WARRANTIES. THE INFORMATION ON WIKIGARDENS
WEBSITE IS “AS IS” AND “WITH ALL FAULTS”. TO THE FULL EXTENT PERMITTED
BY APPLICABLE LAW, THERE ARE NO WARRANTIES OF ANY KIND, EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF
COMPLETENESS, ACCURACY, FREEDOM FROM INTERRUPTION, OR OF
VERIFICATION OF THE CONTENTS, THERE ARE NO ANY IMPLIED WARRANTIES
ARISING FROM TRADE USAGE, COURSE OF DEALING, OR COURSE OF
PERFORMANCE, AND THERE ARE NO IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE.
8. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY
APPLICABLE LAW, WIKIGARDENS, ITS EMPLOYEES, DIRECTORS, OFFICERS,
SHAREHOLDERS, CONSULTANTS, AGENTS, WEB HOSTS OR INTERNET SERVICE
PROVIDERS, CONTENTS PROVIDERS, OR OTHER PERSONS RELATED TO OR USED
BY WIKIGARDENS (COLLECTIVELY, WIKIGARDENS), REGARDLESS OF CAUSE OF
ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND TO THE FULL EXTENT
PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY AND STRICT LIABILITY),
SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR RELATED TO THIS
AGREEMENT, OR THE CONTENTS.
9. DISCLAIMER OF CONSEQUENTIAL AND SIMILAR DAMAGES. TO THE
FULL EXTENT PERMITTED BY APPLICABLE LAW, THE WIKIGARDEN ENTITIES,
REGARDLESS OF CAUSE OF ACTION (E.G., IN CONTRACT, TORT, WARRANTY, AND
TO THE FULL EXTENT PERMITTED IN APPLICABLE LAW, PRODUCT LIABILITY
AND STRICT LIABILITY), SHALL HAVE NO LIABILITY OF ANY KIND ARISING OR
RELATED TO THIS AGREEMENT, OR THE CONTENTS FOR INJURY, DEATH,
DAMAGE TO PROPERTY, LOSS OF USE, LOSS OF OPPORTUNITY, LOSS OF PROFITS,
INCREASED COSTS, OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES.
10. Independent Enforceability. Sections 8 and 9 are intended to be independent of each
other and the failure of essential purpose of one shall not affect the other.
11. Arbitration in Oregon. Any dispute or claim arising or related to this Agreement, its
performance, breach, or interpretation (including issues about its validity or enforceability), shall
be exclusively (except as provided below) resolved by final binding arbitration before the
American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One
arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts
to minimize discovery and to complete the arbitration proceedings as expeditiously as possible.
The Arbitrator shall render a written decision within thirty (30) calendar days of the hearing. The
arbitrator will not award attorney’s fees, or punitive, incidental, consequential, treble or other
multiple or exemplary damages, and the parties hereby agree to waive and not seek such
damages. Either party may seek judicial relief to compel the other party to comply with the
provisions of this Section, or injunctive or other equitable relief to protect its intellectual
property rights, provided (unless prohibited by applicable law) that the remainder of the dispute
or claim is submitted to arbitration. The arbitration shall be held in Portland, Oregon both parties
hereby give their irrevocable consent to jurisdiction of courts of or in the State of Oregon, as well
as processes of the AAA in Oregon. Awards shall be final, binding and non-appealable (except
on the minimal grounds required under the Federal Arbitration Act or other applicable law). All
awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the
party against whom such award is rendered or its property, as a basis of judgment and of the
issuance of execution for its collection.
12. Governing Law. This Agreement shall be deemed made in, governed by, performed in,
and construed and enforced in accordance with the laws of the State of Oregon without giving
effect to its conflicts of laws provisions or principles.
13. Entire Agreement; Waiver; Modification; Amendment. The terms and provisions
contained in this Agreement constitute the entire agreement between the parties concerning the
subject matter hereof. This Agreement supersedes all other agreements, written or oral, between
the parties as to the subject matter hereof. No modification or amendment of this Agreement
shall be enforceable against a party unless in writing and signed by the party against whom such
modification or amendment is sought to be enforced. No failure on the part of a party to exercise,
no delay in exercising, and no course of dealing with respect to any right, power, or privilege
under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of
any such right, power, or privilege preclude any other or further exercise thereof or the exercise
of any other right, power, or privilege under this Agreement.
14. Severability. The parties agree that if any part, term, or provision of this Agreement is
held illegal or invalid, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligations of the parties shall be construed and enforced as if the Agreement
did not contain the particular part, term, or provision held to be illegal or invalid.
15. Survival. The terms of this Agreement apply to any, receipt, use or performance that
occurs before any termination, cancellation, or rescission of this Agreement, and to those
obligations that arise after any termination, cancellation, or rescission of this Agreement—
namely: any terms, conditions or restrictions on receipt, use, or access to the Information,
systems, or networks of WIKIGARDENS, and any indemnification obligations.
16. Change of Terms From Time-To-Time. WIKIGARDENS may alter any term of this
Agreement by posting a notice that there is a change in terms on a page containing the
Information. Any use of any WIKIGARDENS web site after the date of such notice is deemed
acceptance of the new terms.