Site Use Terms and Conditions

These Site Use Terms and Conditions (the “Terms of Use”) govern your access to and use of http://www.ecoscraps.com (the “Site”), including all Content (defined below) provided by or through The Hawthorne Gardening Company (“Hawthorne”) or its affiliates on or through the Site. Please read the Terms of Use carefully. By accessing or using the Site, you accept and agree to be bound by the Terms of Use. If you do not agree to these Terms of Use, please do not use the Site.

The Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

 

Modifications

Hawthorne reserves the right to revise and update the Terms of Use at any time and at its sole discretion. All changes are effective immediately upon posting, and apply to all access to and use of the Site thereafter. The most current version of the Terms of Use will supersede all previous versions. Your continued use of the Site following posting of revised Terms of Use means that you accept and agree to the changes.

 

Access to the Site

Hawthorne reserves the right to withdraw or amend the Site, and any service or Content provided on the Site. Hawthorne will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Hawthorne reserves the right to deny or restrict access to all or part of the Site to anyone at any time for any reason. Hawthorne may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.

 

Limited License

The Site, including, but not limited to, all information, software or HTML code, scripts, text, artwork, photography, images, video, and audio, and the design, selection and arrangement thereof and all intellectual property associated with the foregoing (collectively, the “Content”) are the sole property of Hawthorne, its affiliates or licensors, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws. All Content is provided as a service to users of the Site. Subject to the limited license set forth below, nothing contained in these Terms of Use shall be construed as conferring any right, title or interest in the Content.

Upon your acceptance of these Terms of Use, Hawthorne grants you a limited, non-transferable, non-sublicensable, non-exclusive revocable license to access and use the Content in the United States for your personal, non-commercial use only. This license is subject to the following restrictions: (i) you may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer or otherwise exploit the Site or any Content without the prior written permission of Hawthorne; (ii) you may not permit any copying of the Content; and (iii) you may not remove or alter any copyright, trademark or other proprietary rights notices from copies of the Content from the Site. Any unauthorized copying, alteration, distribution, transmission, performance or display of the Content is prohibited. Hawthorne may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by Hawthorne.

You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data or personal information from the Site. You agree not to interrupt the operation of the Site in any way. You agree not to take any action that violates these Terms of Use or otherwise restricts or limits any other person’s ability to use or enjoy the Site or the Content, as determined by Hawthorne in its sole discretion.

 

Marks

All trademarks, trade names, brand names, logos and images, service marks and trade dress displayed on the Site (collectively, "Marks") are the property of Hawthorne or its affiliates or licensors. Hawthorne, and its affiliates and licensors retain all rights regarding their respective Marks. Nothing contained in these Terms of Use shall be construed as conferring any license to the use of any Marks. You are not permitted to use any Mark without the prior written consent of Hawthorne.

 

Special Notice

The use of the Site address, Hawthorne's trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher ranking from search engines is unfair competition, all of which are prohibited.

 

Linking to Other Websites

The Site may provide links to one or more websites or resources that are not under the control of, or maintained by, Hawthorne ("Third Party Sites"), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third Party Sites are not, and should not be viewed, as an endorsement by Hawthorne of the Third Party Site or any content therein. Hawthorne has no control over the content of Third Party Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them, and hereby disclaims all liability related to them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.

 

Linking to Social Media Features

The Site may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on the Site.
  • Send e-mails or other communications with certain content, or links to certain content, on the Site.
  • Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Hawthorne and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Hawthorne provides with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Site other than the homepage.
  • Otherwise take any action with respect to the materials on the Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the standards for content set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Hawthorne reserves the right to withdraw linking permission without notice. Hawthorne may disable all or any social media features and any links at any time without notice in its discretion.

 

Material You Submit

You acknowledge that you are responsible for any material, data, information or other content you may submit or post to the Site (including any components of the Site administered by third parties, such as tools that allow you to interact with the Site through Facebook and other social media platforms) (collectively, "Submissions," each, a "Submission"), including the legality, reliability, appropriateness, originality, copyright, and right to grant a license to use any such material. You must not upload to, distribute, or otherwise publish through the Site anything that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; infringing or misappropriating of third parties' intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, or similarly harmful software code, political campaigning, chain letters, mass mailings, commercial advertising, or any form of "spam." You may not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the Site.

Other than personal information which is subject to the Privacy Policy, all Submissions, including but not limited to comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, and product and marketing ideas and any other Submissions disclosed, submitted or offered to Hawthorne or its affiliates on or through the Site or otherwise disclosed, submitted or offered by you to Hawthorne or its affiliates shall be and remain the property of Hawthorne or its affiliates.  Such Submission or offer of any Submission and your acceptance of these Terms of Use shall constitute an assignment to Hawthorne of all worldwide rights, title and interests in and to all copyrights and other intellectual property rights in the Submissions. As such, Hawthorne will own exclusively all such rights, title and interests and shall have the right to use, reproduce, create derivative works based upon, disclose, publish, distribute, display and publicly perform, any Submission and not be limited in any way in its use, commercial or otherwise, of any Submission. Further, Hawthorne shall be under no obligation to review the content of any submission, maintain any Submission in confidence, pay to you any compensation or royalties for any Submission, or provide attribution to you for any Submission. Hawthorne shall have no obligation to use, return, or review any Submission. For this reason, Hawthorne asks that you not send us any Submission that you do not wish to assign to us.

You represent and warrant that you have the full right, power and authority to enter into, perform and comply with these Terms of Use, and have secured all third party consents, licenses, waivers, and permissions necessary to enter into, perform and comply with these Terms of Use, including, without limitation, waivers of rights of privacy, publicity and personality from any third parties whose names, likenesses, photographs, portrayals, or actual or imitated voices are depicted in the Submissions; that the Submissions are true, accurate, current and complete; that use of the Submissions does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Hawthorne and its affiliates for all claims resulting from all Submissions.

For the protection of all visitors to the Site, Hawthorne reserves the right to review all Submissions, and to edit or delete, in whole or in part, any comment, photograph or other Submission; provided, however, that Hawthorne is not obligated to do any of the foregoing. Hawthorne reserves the right to take any action it reasonably deems necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from the Site of any Submission; provided, however, that a failure by Hawthorne to take any such action shall not be deemed a waiver of any such right.

 

Privacy

For details about Hawthorne's privacy practices, please see our Privacy Policy.

 

Terms and Conditions Governing Use of Mobile Applications 

A separate set of Terms and Conditions applies to your use of mobile applications featured on the Site.

 

Limitation of Liability

IN NO EVENT WILL HAWTHORNE, ITS AFFILIATES OR ITS OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE OR OTHER WEBSITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE (COLLECTIVELY, THE “EXCLUDED DAMAGES”). 

In certain jurisdictions, some liabilities cannot be excluded or limited under applicable law. In such jurisdictions, the foregoing limitation of liability may not apply to you. If Hawthorne cannot lawfully disclaim liability to you under this Limitation of Liability, Hawthorne will be liable to you, in the aggregate for all claims arising hereunder, for liquidated damages of $10.00. In such event, you acknowledge and agree that the Excluded Damages for all claims arising hereunder cannot be calculated with reasonable certainty. You further agree that $10.00 represents (i) a reasonable approximation of the Excluded Damages that you will suffer for all claims arising hereunder and that such liquidated damages do not constitute a penalty, and (ii) the exclusive remedy to you for Excluded Damages in connection with all claims arising hereunder. The limitations in this paragraph will apply even if any other remedy available to you fails of its essential purpose.

 

Disclaimer of Warranty

The Site and related services and features are provided to you "AS IS" and "AS AVAILABLE." HAWTHORNE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE SITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, HAWTHORNE DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE SITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK.

 

Indemnification

You agree to indemnify and hold harmless Hawthorne, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, agents, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or use of the Site, including, but not limited to: (i) any use of the Content other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site; and (ii) all claims arising from your fraud, intentional misconduct, criminal acts or gross negligence. If you cause a technical disruption of the Site or the systems transmitting the Site to you or others, you agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees), arising or resulting from that disruption.

 

Geographic Restrictions

Hawthorne operates the Site from its offices within the State of New York and makes no representations as to the use of the Site outside the United States or compliance of the Site or its Site Use Terms with any applicable law. Hawthorne makes no claims that the Site or its Content is legal for use outside the United States. If the Site is accessed outside the United States, you hereby acknowledge doing so on your own initiative, and are responsible for compliance with local laws.

 

Governing Law and Jurisdiction

The laws of the State of New York govern these Terms of Use and your use of the Site, without giving effect to its conflict of laws provisions. By accessing the Site you agree to submit to the jurisdiction of the State of New York and agree that it shall serve as the exclusive venue for any disputes relating to the Site. You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought.

 

Copyright Agent

If you believe the Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent, identified below:

  • 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 location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Hawthorne to locate the material;
  • Information reasonably sufficient to permit Hawthorne to contact you, such as an address, telephone number, and if available, an email address;
  • 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.

The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows: Attn: General Counsel, The Hawthorne Gardening Company, 800 Port Washington Boulevard, Port Washington, New York 11050. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.

 

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE), OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Waiver and Severability

No waiver by Hawthorne of any term or condition set forth in these Terms of Use shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Hawthorne to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remainder of the provisions will continue in full force and effect.

 

Remedies

At its option, Hawthorne may seek all remedies available to it in these Terms of Use, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by Hawthorne (including those posted on the Site).

 

Entire Agreement

These Terms of Use and the Privacy Policy constitute the sole and entire agreement between you and The Hawthorne Gardening Company with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, written or oral, regarding the Site.

 

© 2015, The Hawthorne Gardening Company, Worldwide Rights Reserved.