WikiGardens General Disclaimers, License and Terms of Use

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. WikiGardens 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 The Information provided on the site may contain errors, be inaccurate, incomplete or out of date.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's 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. Use of Information. User is free to use the Information contributed by User in any manner User sees fit. User authorizes and releases WikiGardens to use the Information contributed by User in any manner that WikiGardens sees fit.
3. 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.
4. 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.
5. 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.
6. 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 WikiGardens sites and the content on such sites could change without WikiGardens'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.
7. 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.
8. 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.
9. 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.
10. Disclaimer of consequential and similar damages. To the full extent permitted by applicable law, the WikiGardens 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.

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