Disclaimer

Introduction PLEASE READ ALL THE FOLLOWING STATEMENTS CAREFULLY BEFORE USING THIS SITE. In consideration of your opportunity to use this site, user agrees to all the Terms and Conditions of Use set forth herein.

All users of this site use the information and material herein at their own risk. By using this site, you agree to comply with and abide by our rules and regulations and all Terms and Conditions of Use in effect as explained below. These Terms are subject to change at any time and should be reviewed on a regular basis by those using this site. As discussed further herein, everything on this site is provided “as is” and “as available” with no warranties of any kind, either express or implied, including but not limited to warranties of accuracy of information, fitness for a particular purpose, or the continued availability of this information and service. The format, structure, and contents of this site are copyrighted by LeafyLife, LLC (hereinafter “LeafyLife”) and all rights have been reserved by LeafyLife, LLC. Distribution, copying, or reproduction of any portion of this site is forbidden. Information on this site is provided for your own personal use and may be copied, printed or saved only for your personal private, non-commercial use.

About This Site This LeafyLife site is owned and operated by LeafyLife, LLC, a Colorado limited liability company, and is intended to provide you news, information, photographs, and commentary on gardening and plant life, activities related to gardening, and products and services that may be useful to gardeners and others interested in outdoor life. You, the user, must recognize that it is intended to be a guide to content on the Web and from other sources and that all content is provided “as is,” with no warranties whatsoever. No statement or information on this site should be interpreted as being factual or should be relied upon by you without thorough independent investigation on your part sufficient to verify the accuracy and completeness of any such information and to satisfy you in your sole independent judgment that it is suitable for your intended use. In some cases the information may be hearsay, rumor or conjecture. The authors and editors who provide content to this LeafyLife site do not purport to be experts in horticulture or have any special knowledge or training in any of the subjects, products, services or materials discussed, illustrated or advertised on this site; or in any subjects, products, services, or materials advertised on this site or on other sites linked to by this site. Furthermore, they have not done any investigation, conducted any tests, or in any way verified the accuracy of any of subjects, products, services, or materials discussed, illustrated, or advertised on this site or on other sites linked to by this site.

All individual authors and editors of the content of this site work for LeafyLife. Comments made by users to this site are not authored or edited by LeafyLife.

About Using and Making Comments on this Site. LeafyLife disclaims all responsibility for information posted in the Comments section of this site by you and others. Comments made and information contributed to this site represent the views of the person posting the content and are not reviewed for accuracy and completeness by LeafyLife, LLC and are not endorsed by LeafyLife, LLC. If a comment is made using your identity, it will be deemed to have been posted by you. In order to leave a comment, users must identify their true name and include a valid email address, which is used to screen out comments prohibited by this site’s Terms and Conditions of Use. Although every effort is made to preserve user privacy, LeafyLife may be required by law to disclose personal information if such action is necessary to comply with a current judicial proceeding, a court order, or legal process served on the site.

Users to this site may not make any comments or take any actions that could undermine the integrity of the site’s feedback system. No comments will be made that are offensive, indecent, obscene, threatening, defamatory, sexually explicit, abusive, hateful, harassing, libelous, profane, vulgar, or intentionally false or misleading. Users will not offer to sell or buy any product or service, use the feedback system to promote themselves, their website or organization, post material that infringes copyright, trademark, or proprietary rights, or post any information that is known to be confidential or sensitive or otherwise in breach of the law. LeafyLife has the right but not the obligation to remove, in its sole and absolute discretion, anything posted to the Comments that is not consistent with these Terms or the intended use of this site.

User agrees to indemnify, defend and hold harmless LeafyLife from any and all claims, demands, liabilities, damage, costs, and expenses, including attorney’s fees and court costs arising from any comments made by user or from any violation by user of any of the Terms and Conditions of Use contained herein.

About Sites Linked to By This site This website provides links to external third party websites that are not created, published, maintained, shown, or otherwise posted by LeafyLife. LeafyLife does not endorse, approve, certify, or control these websites, and does not represent, endorse, or guarantee the accuracy, reliability, completeness, timeliness, or relevance of the information provided on these websites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Use of information, products or services contained on these other websites is undertaken at the user’s sole risk, and LeafyLife shall not be liable for any such use or reliance on the information provided. The user of this site agrees to be solely responsible for verifying the content and information about subjects, products and services contained in such websites and for determining if any such information, products or services is suitable for user’s intended use. Users should contact directly (not through LeafyLife) any such external website’s administrator or webmaster with any concerns, questions or other issues.

User agrees to indemnify, defend and hold harmless LeafyLife from any and all claims, demands, liabilities, damage, costs, and expenses, including attorney’s fees and court costs arising from user’s use of or reliance on any content and information about subjects, products and services contained on any such linked external third party web sites.

About Advertisements The sole purpose of the advertising is to expose LeafyLife’s users to the information, products and services offered by the advertisers. LeafyLife does not endorse, approve, certify, or control the content of any advertisements displayed directly on this site or indirectly through links to other web sites, any other locations, or in other media. Regarding such advertisements, LeafyLife does not represent, endorse, or guarantee the accuracy, reliability, completeness, timeliness, or relevance of the information, products or services advertised, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Use of information, products or services contained in such advertisements is undertaken at the user’s sole risk, and LeafyLife shall not be liable for any such use or reliance on the information provided. The user of this site agrees to be solely responsible for verifying the content and information about products and services contained in any such advertisements and for determining if any such products or services are suitable for user’s intended use. Users should contact directly (not through LeafyLife) the advertiser with any concerns, questions or other issues relating to any such advertisement, information, products or services.

User agrees to indemnify, defend and hold harmless LeafyLife from any and all claims, demands, liabilities, damage, costs, and expenses, including attorney’s fees and court costs arising from user’s use of or reliance on information, products or services contained in any advertisement made on this site or on any linked external third party web site.

Loss of Data LeafyLife is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other cause or reason. Users are solely responsible for regularly monitoring and creating backups of their own files, and users agree to use LeafyLife’s resources and infrastructure at their own risk.

Disclaimers LEAFYLIFE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED ON THE LEAFYLIFE SITE INCLUDING, WITHOUT LIMITATION, (1)THE CONTENT AUTHORED BY OR THE EDITING PERFORMED BY LEAFYLIFE OF INFORMATION ABOUT ANY MATTER, INCLUDING PRODUCTS OR SERVICES (2) CONTENT AND INFORMATION ABOUT SUBJECTS, PRODUCTS AND SERVICES IN EXTERNAL THIRD PARTY WEBSITES LINKED TO BY LEAFYLIFE. AND (3) INFORMATION, PRODUCTS AND SERVICES DESCRIBED, DISPLAYED OR OFFERED BY THE ADVERTISERS. USER AGREES THAT THE USE OF SUCH CONTENT, INFORMATION, SUBJECTS, PRODUCTS, AND SERVICES WILL BE AT USER’S SOLE DISCRETION AND USER’S SOLE RISK.

LEAFYLIFE EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS OF ANY SUCH INFORMATION OR MATERIAL. LEAFYLIFE DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF LEAFYLIFE. LEAFYLIFE DISCLAIMS ANY WARRANTIES OR GUARANTEES OF ANY INFORMATION OR ADVICE OBTAINED FROM LEAFYLIFE OR THROUGH LEAFYLIFE. LEAFYLIFE DISCLAIMS ANY WARRANTIES AND GUARANTEES OF SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON LEAFYLIFE OR RECEIVED THROUGH ANY LINKS PROVIDED BY LEAFYLIFE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN LEAFYLIFE.

YOU, THE USER, UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF LEAFYLIFE AT YOUR SOLE DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

LEAFYLIFE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. LEAFYLIFE DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL ON THE INTERNET THROUGH USING LEAFYLIFE.

Limitation of Liability UNDER NO CIRCUMSTANCES SHALL LEAFYLIFE BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE CONTENT OF THE LEAFYLIFE SITE, CONTAINED IN ANY LINKS TO THE LEAFYLIFE SITE, CONTAINED IN ANY COMMENTS OR MATERIALS PROVIDED BY ANY USERS OF THE LEAFYLIFE SITE, OR CONTAINED IN ANY ADVERTISMENT DISPLAYED ON LEAFYLIFE’S SITE OR DISPLAYED ON ANY EXTERNAL WEB SITE LINKED TO LEAFYLIFE’S SITE (COLLECTIVELY “CONTENT”), ARISING FROM ANY CLAIM RELATING TO THIS TERMS AND CONDITIONS OF USE AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE (EVEN IF LEAFYLIFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON ANY SUCH CONTENT , FROM INABILITY TO USE THAT CONTENT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF LEAFYLIFE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES.) THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF LEAFYLIFE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, LEAFYLIFE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

Other Provisions In case of arbitration or litigation or any other legal proceeding concerning this site or any other matter, costs and reasonable attorney fees shall be awarded to the prevailing party. Such matters shall be governed by and construed in accordance with the laws of the State of Colorado and the only appropriate venue for any mediation, arbitration, or litigation or any other legal proceeding or matter instituted with respect to this site or any other matter, will be the County of Douglas, State of Colorado.

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions of Use to be unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.

Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by signed by an officer of LeafyLife, LLC.

END. Copyright 2005 by LeafyLife, LLC. All rights reserved.