Terms & Conditions

Terms and Conditions
Agreement between user and http//:www.GardenRightNow.com
Welcome to http//:www.GardenRightNow.com. The http//:www.GardenRightNow.com website
(the "Site") is comprised of various web pages operated by TJ&J EnterprisesIII LLC ("TJ").
http//:www.GardenRightNow.com is offered to you conditioned on your acceptance without
modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of
http//:www.GardenRightNow.com constitutes your agreement to all such Terms. Please read these
terms carefully, and keep a copy of them for your reference.
http//:www.GardenRightNow.com is a E-commerce Site
To sell Garden Products
Privacy
Your use of http//:www.GardenRightNow.com is subject to TJ's Privacy Policy. Please review our
Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting http//:www.GardenRightNow.com or sending emails to TJ constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your account
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that TJ is not responsible for third
party access to your account that results from theft or misappropriation of your account. TJ and its
associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
TJ does not knowingly collect, either online or offline, personal information from persons under the
age of thirteen. If you are under 18, you may use http//:www.GardenRightNow.com only with
permission of a parent or guardian.
Cancellation/Refund Policy
"You may cancel your subscription at any time. Any cancellations made after 30 days of service
will not qualify for refund. Items must be in good condition, if possible send merchandise in t he
same package you receive it. Please contact us at cs@gardenrightnow.com with any questions".
Links to third party sites/Third party services
http//:www.GardenRightNow.com may contain links to other websites ("Linked Sites"). The
Linked Sites are not under the control of TJ and TJ is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
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updates to a Linked Site. TJ is providing these links to you only as a convenience, and the
inclusion of any link does not imply endorsement by TJ of the site or any association with its
operators.
Certain services made available via http//:www.GardenRightNow.com are delivered by third party
sites and organizations. By using any product, service or functionality originating from the
http//:www.GardenRightNow.com domain, you hereby acknowledge and consent that TJ may
share such information and data with any third party with whom TJ has a contractual relationship to
provide the requested product, service or functionality on behalf of
http//:www.GardenRightNow.com users and customers.
No unlawful or prohibited use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
http//:www.GardenRightNow.com strictly in accordance with these terms of use. As a condition of
your use of the Site, you warrant to TJ that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which could
damage, disable, overburden, or impair the Site or interfere with any other party's use and
enjoyment of the Site. You may not obtain or attempt to obtain any materials or information
through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of TJ or its suppliers and
protected by copyright and other laws that protect intellectual property and proprietary rights. You
agree to observe and abide by all copyright and other proprietary notices, legends or other
restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
TJ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use
of any protected content, and in particular you will not delete or alter any proprietary rights or
attribution notices in any content. You will use protected content solely for your personal use, and
will make no other use of the content without the express written permission of TJ and the
copyright owner. You agree that you do not acquire any ownership rights in any protected content.
We do not grant you any licenses, express or implied, to the intellectual property of TJ or our
licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, "Communication
Services"), you agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
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inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another's computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded, restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
TJ has no obligation to monitor the Communication Services. However, TJ reserves the right to
review materials posted to a Communication Service and to remove any materials in its sole
discretion. TJ reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever.
TJ reserves the right at all times to disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, in TJ's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. TJ does not control or endorse the content, messages or
information found in any Communication Service and, therefore, TJ specifically disclaims any
liability with regard to the Communication Services and any actions resulting from your
participation in any Communication Service. Managers and hosts are not authorized TJ
spokespersons, and their views do not necessarily reflect those of TJ.
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials provided to http//:www.GardenRightNow.com or posted on any TJ web page
TJ does not claim ownership of the materials you provide to http//:www.GardenRightNow.com
(including feedback and suggestions) or post, upload, input or submit to any TJ Site or our
associated services (collectively "Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting TJ, our affiliated companies and
necessary sublicensees permission to use your Submission in connection with the operation of their
Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish
your name in connection with your Submission.
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No compensation will be paid with respect to the use of your Submission, as provided herein. TJ
is under no obligation to post or use any Submission you may provide and may remove any
Submission at any time in TJ's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your TJ account to third party accounts. By connecting your TJ
account to your third party account, you acknowledge and agree that you are consenting to the
continuous release of information about you to others (in accordance with your privacy settings on
those third party sites). If you do not want information about you to be shared in this manner, do
not use this feature.
International Users
The Service is controlled, operated and administered by TJ from our offices within the USA. If
you access the Service from a location outside the USA, you are responsible for compliance with
all local laws. You agree that you will not use the TJ Content accessed through
http//:www.GardenRightNow.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless TJ, its officers, directors, employees, agents
and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys'
fees) relating to or arising out of your use of or inability to use the Site or services, any user
postings made by you, your violation of any terms of this Agreement or your violation of any rights
of a third party, or your violation of any applicable laws, rules or regulations. TJ reserves the right,
at its own cost, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate with TJ in asserting any available
defenses.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. TJ&J ENTERPRISESIII LLC AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TJ&J ENTERPRISESIII LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND
ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
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ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.
TJ&J ENTERPRISESIII LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL TJ&J ENTERPRISESIII LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF TJ&J ENTERPRISESIII LLC OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
TJ reserves the right, in its sole discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To the maximum extent permitted by
law, this agreement is governed by the laws of the State of New York and you hereby consent to
the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating
to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to
all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and TJ as a result of this agreement or use of the Site. TJ's performance of this agreement is
subject to existing laws and legal process, and nothing contained in this agreement is in derogation
of TJ's right to comply with governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or gathered by TJ with respect to such
use. If any part of this agreement is determined to be invalid or unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded by a valid,
enforceable provision that most closely matches the intent of the original provision and the
remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
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and TJ with respect to the Site and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the user and TJ with respect to the
Site. A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this agreement to the
same extent an d subject to the same conditions as other business documents and records
originally generated and maintained in printed form. It is the express wish to the parties that this
agreement and all related documents be written in English.
Changes to Terms
TJ reserves the right, in its sole discretion, to change the Terms under which
http//:www.GardenRightNow.com is offered. The most current version of the Terms will
supersede all previous versions. TJ encourages you to periodically review the Terms to stay
informed of our updates.
Contact Us
TJ welcomes your questions or comments regarding the Terms:
TJ&J EnterprisesIII LLC
29 Dixon Lake Dr
Mahopac, New York 10541
Email Address:
support@GardenRightNow.com
Telephone number:
845-628-7443
Effective as of May 30, 2013
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