Please read these terms and conditions carefully before using Our Service.
ACKNOWLEDGMENT
The Blue Gardens (“Company”) welcomes the undersigned user (“You”). The Blue Gardens provides its service to You subject to the following Terms of Use(“TOU”), which may be updated from time to time at The Blue Gardens’s discretion with notice provided to you via e-mail. By logging into our system, You agree to the Terms of Service.
DESCRIPTION OF PRODUCTS & SERVICE
The Blue Gardens provides users with a platform designed to assist users with their gathering of informational resources such as news, health guidance, budget options, and other lifestyle choices, done through an web site (the “Service”).You agree that the Service may include certain communications from The Blue Gardens to You via email, such as service announcements and administrative messages, and that these communications are considered part of the membership of The Blue Gardens. Unless explicitly stated otherwise, any new features that amplify or enhance the current Service, shall be subject to the TOU. You understand and agree that the Service is provided “AS-IS”. You are responsible for obtaining access to the Service and that access may involve other fees (such as Internet service provider or airtime charges). You are responsible for those fees. You must provide and are responsible for all equipment necessary to access the Service.
THE BLUE GARDENS PRIVACY POLICY
In order to set up Your account, You must provide The Blue Gardens certain information. The Blue Gardens will never release Your information to anyone for any reason without prior approval by You, unless required to do so by law. As part of its service, The Blue Gardens collects the phone numbers of prospective members that access information via text message (SMS). The phone numbers collected will never be shared.
USER ACOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify The Blue Gardens of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that you exit from Your account at the end of each session. The Blue Gardens is not liable for any loss or damage arising from Your failure to comply with this.
USER CONDUCT
You acknowledge, consent and agree that The Blue Gardens may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to your requests for user service; (e) protect the rights, property, or personal safety of The Blue Gardens , its users and the public; or (f) subject to a legally issued subpoena or Court order.
You understand that the technical processing and transmission of the Service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected and use of these materials is subject to usage rules set by The Blue Gardens. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INDEMNITY
You agree to defend, indemnify and hold The Blue Gardens, and its, officers, agents and employees, harmless from any claim, complaint, demand or lawsuit, including reasonable attorneys’ fees, made by any party due to or arising in any way out of Your subscription with The Blue Gardens or Your use of The Blue Gardens services.
NO RESALE OF SERVICE
The Blue Gardens service is non-transferable. You may not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
MODIFICATIONS TO SERVICE
The Blue Gardens reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
TERMINATION
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
THE BLUE GARDENS PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by The Blue Gardens, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. The Blue Gardens EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE BLUE GARDENS MAKES NO WARRANTY THAT (i) SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE BLUE GARDENS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE — DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS MAY NOT APPLY TO YOU.
NOTICE
The Blue Gardens may provide You with notices, including those regarding changes to the TOU, by either email, regular mail, or postings on the Service.
TRADEMARK INFORMATION
The Blue Gardens logo any trademarks and service marks and other The Blue Gardens logos and product and service names are trademarks of The Blue Gardens (“The Blue Gardens Marks”). The Blue Gardens grants, you permission to use The Blue Gardens marks on advertising brochures, sign riders and other marketing campaigns.
GENERAL INFORMATION
Entire Agreement. The TOU constitutes the entire agreement between You and The Blue Gardens and governs your use of the Service, superseding any prior agreements between You and The Blue Gardens with respect to the Service.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Waiver and Severability of Terms. The failure of The Blue Gardens to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a Court of competent jurisdiction to be invalid, the parties nevertheless agree that the Court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your The Blue Gardens account is non-transferable and any rights to Your The Blue Gardens or contents within Your account terminate upon Your death. Upon receipt of a copy of a death certificate, Your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms and Conditions, You can contact us:
By email: [email protected]