Terms Of Use

The Garden Foundation

Terms of Use

Effective Date: 8/15/24

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The Garden Foundation (“we,” “us,” or “our”), concerning your access to and use of the website as well as any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. If you do not agree with all of these terms, then you are expressly prohibited from using the Site and must discontinue use immediately.

2. Changes to the Terms

We may modify these Terms of Use from time to time. We will notify you of any changes by updating the “Effective Date” at the top of these Terms. Your continued use of the Site after the posting of revised Terms means that you accept and agree to the changes.

3. Use of the Site

The Site is intended for users who are at least 18 years of age. By using the Site, you represent and warrant that you are at least 18 years old or are using the Site under the supervision of a parent or guardian.

You agree to 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.
Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which may harm The Garden Foundation or users of the Site.
Impersonate or attempt to impersonate The Garden Foundation, a The Garden Foundation employee, another user, or any other person or entity.
4. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.

The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5. User Contributions

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site (collectively, "User Contributions").

By posting User Contributions, you grant us an unrestricted, non-exclusive, royalty-free, perpetual, irrevocable, and fully transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.

You are responsible for the content of your User Contributions and agree that you will not submit any material that is defamatory, unlawful, threatening, obscene, infringing on the intellectual property rights of others, or otherwise objectionable.

6. Links to Third-Party Websites

The Site may contain (or you may be sent through the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site.

7. Disclaimers and Limitation of Liability

The Site is provided on an "AS-IS" and "AS-AVAILABLE" basis. You agree that your use of the Site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

In no event will The Garden Foundation, or its directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the Site.

8. Governing Law

These Terms shall be governed by and defined following the laws of Nevada and you irrevocably consent to the exclusive jurisdiction of the state or federal courts located in Las Vegas, NV to resolve any dispute which may arise in connection with these Terms.

9. Termination

We reserve the right to terminate or suspend your access to the Site, without notice, for conduct that we believe violates these Terms of Use or is harmful to other users of the Site, us, or third parties, or for any other reason at our sole discretion.

10. Contact Us

If you have any questions about these Terms of Use, please contact us at:

The Garden Foundation
info@thegardenfoundationlv.org