If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We may disable any account at any time if, in our opinion, you have violated any provision of these Terms.
You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site in any way that violates any applicable federal, state, local, or international law or regulation, to transmit any advertising or promotional material, to impersonate the Company, an employee, or another user of the Site, to use the Site in any way that could disable, overburden, damage or impair the Site or interfere with any party’s use of the Site, or to introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Material on this Site, including but not limited to the Company name and logo, the Aven Gardening mark, design, and slogan, and all related images and descriptions, is protected under United States and International copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and is the property of the Company, its licensors or other providers of such material. All rights in this material are reserved. These Terms permit you to use the Site for your personal, non-commercial use only. The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Any act to reproduce, republish, upload/download, post, store, transmit, distribute, modify, create derivative works of, or publicly display/perform material from this Site without the written permission of the Company will constitute an act of infringement of one or more intellectual property rights owned by the Company. Notwithstanding the foregoing, you may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution. However, you may not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Site. No right, title or interest in or to the Site or its content is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
The Site contains an interactive feature that allows users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “Reviews”) on or through the Site.
Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You understand and acknowledge that you are responsible for any posts you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any posts posted by you or any other user of the Site.
We have the right to:
Remove or refuse to post any posts for any or no reason in our sole discretion.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
The Company reserves the right to demand changes to third party websites to the extent statements are made on said websites about the Company’s products in any manner that violates regulations implemented by the U.S. Food and Drug Administration, the U.S. Federal Trade Commission, or the regulations implemented by any other federal or state agency.
The information and descriptions presented on this Site are intended as general information, and are not necessarily complete descriptions of every product, use, or contraindication for use.
This Site may contain links to other Internet websites (“third-party websites”) that are not maintained by the Company. These links are provided solely for your convenience. The Company makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. The Company recommends you take the time to read the privacy policies and user agreements of any third-party website. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may contain general information relating to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. Patients should not use the information contained herein for diagnosing a health or fitness problem or disease. Patients should always consult with a doctor or other health care professional for medical advice or information about diagnosis and treatment.
Disclaimer of Warranties
The content and materials on this Site are provided “as is” and without representations or warranties of any kind, either express or implied. The Company does not warrant the accuracy, security, reliability, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. The Company expressly disclaims all warranties, express or implied, with respect to this Site including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant or represent that the functions or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or its servers are free of viruses or other harmful components. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or any website linked to it. You use this Site at your own risk. Because some states do not allow a disclaimer of warranties, the foregoing disclaimer may not apply to you.
Limitation of Liability
The Company, its afilliates, licensors, service providers, employees, agents, officers, and directors shall not be liable for any injury, loss, claim, or damage, nor any indirect, special, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability or otherwise, which arises out of the use of, or inability to use, this Site or the content found on this Site, or any websites linked to it, even if the Company has been advised of the possibility of such damages. Because some states do not allow a limitation of liability for certain damages, the foregoing limitations may not apply to you.
Jurisdiction / Enforceability
Use of this Site is governed by and construed in accordance with the laws of the State of California without giving effect to any principles of conflicts of laws. Any dispute concerning this Site is subject to the venue of a court of competent jurisdiction in California.
Any failure or delay by the Company in enforcing any provision of the Terms will not be considered a waiver of such provision and will not prevent the Company from enforcing the provision at a later date. Should any provision of these Terms be held invalid, unlawful, or unenforceable, then the invalid, unlawful, or unenforceable provision will be deemed severed from the remaining provisions, and such invalid, unlawful, or unenforceable provision will not affect the validity or enforceability of the remaining provisions.