Conditions Of Use
Please Read These Terms Carefully Before Using This Site
This Web site is provided by Gingergarden.com and may be used for
informational purposes only. By using the site or downloading materials
from the site, you agree to abide by the terms and conditions set
forth in this notice. If you do not agree to abide by these terms
and conditions do not use the site or download materials from the
Ownership of Materials.
The contents of this Site, including the text, images, audio and
video, are copyrighted and should not be distributed, modified,
reprinted or reproduced, in whole or in part, without the prior
written consent of Gingergarden.com, except that you may download
Materials on any single computer for your personal, non-commercial
use only, provided you keep intact all copyright and other proprietary
Subject to the terms and conditions set forth in this Agreement,
Gingergarden.com grants you a non-exclusive, non-transferable,
limited right to access, use and display this site and the materials
thereon. You agree not to interrupt or attempt to interrupt the
operation of the site in any way. Gingergarden.com authorizes you
to view and download images, text, programs and other information
("Materials") at this Web site ("Site") only
for your personal, non-commercial use, as protected by United States
copyright laws. This authorization is not a transfer of title in
the Materials and copies of the Materials and is subject to the
following restrictions: 1) you must retain, on all copies of the
Materials downloaded, all copyright and other proprietary notices
contained in the Materials; 2) you may not modify the Materials
in any way or reproduce or publicly display, perform, or distribute
or otherwise use them for any public or commercial purpose; and
3) you must not transfer the Materials to any other person unless
you give them notice of, and they agree to accept, the obligations
arising under these terms and conditions of use. You agree to abide
by all additional restrictions displayed on the Site as it may
be updated from time to time. By accessing the Site, you agree
to comply with all copyright laws worldwide in your use of this
Site and to prevent any unauthorized copying of the Materials.
Gingergarden.com names, logos, and taglines identifying Gingergarden.com’s
products and services are proprietary marks of Gingergarden.com
or its subsidiaries. Except as expressly provided herein, Gingergarden.com
does not grant any express or implied right to you under any patents,
trademarks, copyrights or trade secret information.
THE MATERIALS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL
ERRORS. GINGERGARDEN.COM DOES NOT WARRANT THE ACCURACY OR COMPLETENESS
OF THE MATERIALS OR THE RELIABILITY OF ANY ADVICE, OPINION, STATEMENT
OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE.
YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, ADVICE,
STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK.
GINGERGARDEN.COM RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO
CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE. GINGERGARDEN.COM
MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS,
PROGRAMS, SERVICES OR PRICES (IF ANY) DESCRIBED IN THE SITE AT
ANY TIME WITHOUT NOTICE.
THIS SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SOFTWARE
MADE AVAILABLE ON THE SITE, ARE PROVIDED "AS IS" WITHOUT
ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT,
OR FITNESS FOR ANY PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT
ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
Third Party Sites
As a convenience to you, Gingergarden.com may provide, on this
Site, links to Web sites operated by other entities. If you
use these sites, you will leave this Site. If you decide to
visit any linked site, you do so at your own risk and it is
your responsibility to take all protective measures to guard
against viruses or other destructive elements. Gingergarden.com
makes no warranty or representation regarding, and does not
endorse, any linked Web sites or the information appearing
thereon or any of the products or services described thereon.
Links do not imply that Gingergarden.com or this Site sponsors,
endorses, is affiliated or associated with, or is legally authorized
to use any trademark, trade name, logo or copyright symbol
displayed in or accessible through the links, or that any linked
site is authorized to use any trademark, trade name, logo or
copyright symbol of Gingergarden.com or any of its affiliates
Information Provided By You
Gingergarden.com does not want you to, and you should not,
send any confidential or proprietary information to Gingergarden.com
via the Site. You agree that any information or materials that
you or individuals acting on your behalf provide to Gingergarden.com
will not be considered confidential or proprietary. By providing
any such information or materials to Gingergarden.com, you
grant to Gingergarden.com an unrestricted, irrevocable, worldwide,
royalty-free license to use, reproduce, display, publicly perform,
transmit and distribute such information and materials, and
you further agree that Gingergarden.com is free to use any
ideas, concepts or know-how that you or individuals acting
on your behalf provide to Gingergarden.com. You further recognize
that Gingergarden.com does not want you to, and you warrant
that you shall not, provide any information or materials to
Gingergarden.com that is defamatory, threatening, obscene,
harassing, or otherwise unlawful, or that incorporates the
proprietary material of another.
Any feedback you provide at this Site shall be deemed to be
non-confidential. Gingergarden.com and its affiliates shall
be free to use such information for any purpose on an unrestricted
Third Party Companies and Products
Mention of third party products, companies, and web sites on
this Site is for informational purposes only and constitutes
neither an endorsement nor a recommendation. Gingergarden.com
provides this information only as a convenience to users. Gingergarden.com
has not reviewed all of the sites linked to this Site and is
not responsible for the contents of any off-site pages or any
other sites linked to the Site. Gingergarden.com has no control
over the contents of any other web site and makes no representation
whatsoever regarding the content of any other web sites. A
link out to another web site does not mean that Gingergarden.com
endorses or accepts any responsibility for the content or use
of such web site.
Gingergarden.com also makes no representations regarding the quality,
safety or suitability of any products by third party companies.
All licenses and warranties for third party products, if any, are
made between you and the vendor.
Limitations of Damages
IN NO EVENT SHALL GINGERGARDEN.COM OR ANY OF ITS SUBSIDIARIES BE
LIABLE TO ANY ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL
OR OTHER DAMAGE (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS,
BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER
DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO
THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS,
AND FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, EVEN IF GINGERGARDEN.COM
IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Gingergarden.com reserves the right, at its sole discretion,
to change, modify, add or remove any portion of this Agreement
in whole or in part, at any time. Changes in this Agreement will
be effective when notice of such change is posted. Your continued
use of the Site after any changes to this Agreement are posted
will be considered acceptance of those changes.
Gingergarden.com may terminate, change, suspend or discontinue
any aspect of the Gingergarden.com Site, including the availability
of any features of the Site, at any time. Gingergarden.com may
also impose limits on certain features and services or restrict
your access to parts or all of the Site without notice or liability.
Gingergarden.com may terminate the authorization, rights and
license given above and, upon such termination, you shall immediately
destroy all Materials.
International Users and Choice of Law
This Site is controlled, operated and administered by Gingergarden.com
from within the United States of America. Gingergarden.com makes
no representation that materials at this site are appropriate
or available for use at other locations outside of the United
States and access to them from territories where their contents
are illegal is prohibited. You may not use the Site or export
the Materials in violation of U.S. export laws and regulations.
If you access this Site from a location outside of the United
States, you are responsible for compliance with all local laws.
These Terms and Conditions of use shall be governed by the laws
of the State of Texas, without giving effect to its conflict
of laws provisions.
Any dispute arising out of or related to your use of this site
will be brought in, and you hereby consent to exclusive jurisdiction
and venue in, the state and federal courts sitting in Harris County,
Texas. You agree to waive all defenses of lack of personal jurisdiction
and forum non-conveniens and agree that process may be served in
a manner authorized by applicable law or court rule.
This Agreement constitutes the entire agreement between Gingergarden.com
and you with respect to your use of the Site. Any cause of action
you may have with respect to your use of the Site must be commenced
within one (1) year after the claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any provision
of the Agreement or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so
as to effect the intent of the Agreement, and the remainder of
this Agreement shall continue in full force and effect.
Gingergarden.com, is sensitive to privacy
issues on the Internet. We believe it is important you know how
we treat the information about you we receive on the Internet.
In general, you can visit Gingergarden.com on the World Wide Web
without telling us who you are or revealing any information about
yourself. Our web servers collect the domain names, not the e-mail
addresses, of visitors. This information is aggregated to measure
the number of visits, average time spent on the site, pages viewed,
etc. Gingergarden.com uses this information to measure the use
of our site and to improve the content of our site. Also, when
abuse is detected, IP addresses may be collected for the purpose
of site security.
Members who access restricted areas will provide a user name and
password for that access. Once logged in we do not record your
activities on the Site.
There are times, however, when we may need information from you,
such as your name and address. When information is needed, we will
try to let you know at the time of collection, how we will use
the personal information. Usually, the personal information we
collect is used only by us to respond to your inquiry, process
an order or allow you to access specific account information. Occasionally,
we may make the e-mail addresses, of those who provide information,
available to other reputable organizations whose products or services
we think you may find interesting. In these cases, you will be
offered an opportunity to limit access to your information.
If you register with one of Gingergarden.com 's business units
on-line, they may use this information to provide you with custom
information about Gingergarden.com 's offering in support of your
business needs. A technology called cookies may be used to provide
you with tailored information. A cookie is a tiny element of data
that a web site can send to your browser, which may then be stored
on your hard drive so we can recognize you when you return. You
may set your browser to notify you when you receive a cookie.
At times we conduct on-line surveys to better understand the needs
and profile of our visitors. When we conduct a survey, we will
try to let you know how we will use the information at the time
we collect information from you on the Internet.
Gingergarden.com 's website may contain links to other sites such
as Gingergarden.com member sites. While we try to link only to
sites that share our high standards and respect for privacy, we
are not responsible for the content or the privacy practices employed
by other sites.
Linking to www.Gingergarden.com
Gingergarden.com welcomes links to its Web site. If you want to
link to the Gingergarden.com Web site, you may do so. By establishing
a link to the Gingergarden.com Web site, you'll be deemed to have
agreed to the following link conditions:
- You are granted by Gingergarden.com a limited, non-exclusive, non-transferable
license to use the Gingergarden.com name and Gingergarden.com logo
- all of which are covered by service mark protection - solely
for the purpose of linking your Web site to the Gingergarden.com
Web site. You may not use any other Gingergarden.com or Gingergarden.com
-affiliated company service marks for any other purpose. This license
may be terminated at any time in Gingergarden.com 's sole discretion,
at which time you agree to remove all links to the Gingergarden.com
Web site and cease using the service mark protected items described
- You acknowledge that all rights to said
service marks, the Web site content, and the appearance of
site belong to Gingergarden.com
and its third party licensors. ß If you link
to the Gingergarden.com Web site, you may not (1)
create frames around the Gingergarden.com
Web site or alter the visual presentation of the
Gingergarden.com Web site, (2) imply that Gingergarden.com
is endorsing you or your
products or services, (3) imply an affiliation between
your organization and Gingergarden.com without Gingergarden.com
's prior written
consent, (4) misrepresent your relationship with
Gingergarden.com or present false or misleading impressions
's activities, publications, programs or services.
- Gingergarden.com may amend the link conditions at any time and
you agree to abide by the terms of all such amended conditions.