Terms and Conditions

Last updated: April 15, 2024

Welcome to Garden Partner! These Terms and Conditions ("Terms") govern your use of the Garden Partner application ("App") and any services, content, or features made available through the App. By downloading, installing, or using the App, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use the App.

User Accounts

Registration

To access certain features of the App, you may be required to create a user account. You agree to provide accurate, complete, and current information during the registration process and to update such information as needed to keep it accurate, complete, and current.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

Use of the App

License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the App for personal, non-commercial use.

Restrictions

You agree not to:

Content

User Content

You may be able to submit, post, or upload content (such as photos, comments, and reviews) to the App ("User Content"). You retain ownership of your User Content, but you grant us a non-exclusive, royalty-free, worldwide, transferable, and sub-licensable license to use, reproduce, modify, distribute, and display your User Content in connection with the App.

Prohibited Content

You agree not to submit, post, or upload any User Content that is illegal, offensive, harmful, or violates any third-party rights.

Privacy

We respect your privacy. Please review our Privacy Policy, which also governs your use of the App, to understand our practices regarding your personal data.

Intellectual Property

All intellectual property rights in the App, including but not limited to software, design, graphics, trademarks, and content, are owned by or licensed to us. You agree not to use, reproduce, or distribute any intellectual property without our prior written consent.

Disclaimers and Limitation of Liability

Disclaimers

The App is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the App will be uninterrupted, error-free, or free of harmful components.

Limitation of Liability

To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

Indemnification

You agree to indemnify, defend, and hold harmless Garden Partner and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the App or your violation of these Terms.

Modifications to the App and Terms

We reserve the right to modify or discontinue, temporarily or permanently, the App or any features or portions thereof without prior notice. We also reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the App. Your continued use of the App after such changes have been made will constitute your acceptance of the new Terms.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of law principles. Any disputes arising out of or relating to these Terms or the App shall be resolved exclusively in the courts located in Arizona.

Contact Information

If you have any questions or concerns about these Terms or the App, please contact us at:
sarah@gardenpartner.net