TERMS AND CONDITIONS

Please read this Agreement carefully.

This agreement encompasses Kelly Keating, owner and operator of gardenerbasics.com ("Website").

These terms and conditions govern your use of gardenerbasics.com; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

We reserve the right to alter, modify, or update the terms and conditions at any time without prior notice. We will make such changes by posting them on the site. You should check the site for such changes frequently. Your continued access of the site after such changes conclusively demonstrates your acceptance of those changes.

DISCLAIMER OF LIABILITY

The user of this site assumes all responsibility and risk for the use of this server and the Internet generally. Kelly Keating disclaims all warranties, representations or endorsements express or implied with regard to the content, including but not limited to the documentation and related graphics, accessed from, or via, this server of the Internet, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Kelly Keating does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any content, apparatus, product or process disclosed on the server or other material accessible from the server.  In no event shall Kelly Keating be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the content, this server or the Internet generally.

NO WARRANTIES

Any Gardener Basics material on this server may include technical inaccuracies or typographical errors. The content provided on this server is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied, including but not limited to, warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose. No advice or content given by Kelly Keating shall create any warranty. Kelly Keating shall not warrant that content on this server or on the Internet generally will be uninterruptible or error-free or that any content, software or other material accessible from this server is free of viruses or other harmful components.

EXCLUSIVE REMEDY

In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services, and the materials. Under no circumstances shall Kelly Keating, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, your content, the commercial products or third party user generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, your content, the commercial products or any third party user generated content available on or through the site.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Kelly Keating, business partners, affiliates, and representatives from and against any and all third party claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to, any breach by you of any of these terms and conditions or applicable law.

COPYRIGHT AND TRADEMARK INFORMATION

All content included or available on the website, including website design, text, graphics, interfaces, and the selection and arrangements thereof is copyrighted by gardenerbasics.com in 2021, with all rights reserved, or is the property of Kelly Keating and/or third parties protected by intellectual property rights. Any use of materials on our website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Kelly Keating is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of Kelly Keating.

DIGITAL MILLENNIUM COPYRIGHT ACT

Kelly Keating respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any Content deemed to have been posted or distributed in violation of any such laws.

A designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

Gardener Basics

2709 N Hayden Island Dr
STE 355570
Portland, Oregon 97217

contact@gardenerbasics.com

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide my agent with notice in accordance with the requirements of the Act, including:

1. a description of the copyrighted work that has been infringed (and registration information if such work is registered with the copyright office).

2. the specific location on the Website of the original or an authorized copy of the copyrighted work

3. your address, telephone number, and email address;

4.  a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5. a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

6.  an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

THIRD-PARTY BENEFICIARY

Squarespace hosts my website. They are a third-party beneficiary. If you would like to know more about their terms of service, this link will bring you to Squarespace’s terms of service page.

http://www.squarespace.com/terms-of-service/

THIRD-PARTY SITES

The website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that Kelly Keating is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the website administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and I am not responsible therein. We encourage you to review said privacy policies of third parties’ sites.

COMPLIANCE WITH LAWS

You are responsible for knowledge of applicable law and are responsible for compliance with any and all such laws. You may not use the website or our services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

GOVERNING LAW

Except for trademark and copyright matters governed by the federal laws of the United States, the foregoing provisions shall be governed by and construed in accordance with the substantive laws of the State of Connecticut, without regard to the principles of conflict of law thereof.

SEVERABILITY

If any provision of this agreement is determined by a court or arbitrator to be invalid, unenforceable or otherwise ineffective, that provision shall be severed from the rest of this agreement, and the remaining provisions shall remain in effect and enforceable.

NO WAIVER

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Gardener Basics’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

CONFIDENTIALITY/NONDISCLOSURE

Kelly Keating is committed to protecting our visitor’s privacy and confidential information. All information sent to Kelly Keating is strictly for the use of Kelly Keating and will not be shared with any third party unless otherwise outlined in our Privacy Policy (below).  

 PRIVACY POLICY

The website gardenerbasics.com (hereinafter “website” "Site") is owned by Kelly Keating, a Connecticut Sole Proprietor (hereinafter “we” “us”). You, as a visitor and/or user of our website, agree to the following Privacy Policy, and your use of our site constitutes your acceptance to be bound by the terms. 

The following Privacy Policy informs you of how we collect and process your personal data, including that which you provide by voluntarily “opting in” to receive a free resource, subscribing to our list or newsletter, purchasing a product or service, or contacting us via the website, as well as that which we may collect automatically from you based upon your activity on the Website.

PERSONAL IDENTIFICATION INFORMATION

The website provides several opportunities for you, the user, to voluntarily provide your personal information in exchange for a free resource, to be added to or email or subscriber list, or to contact us. If you elect to “opt-in” and provide us with your personal information for any of these purposes, we will collect the information you provide, which may include your name, email address, phone number, and the text of any message you send us. We will also process personal information in the form of comments, images, or videos you make or share on our blogs, social media pages, or any other online forum currently available, or made available in the future. You understand that your decision to provide any information to us in this manner is voluntary, and constitutes your clear consent to allow us to collect, process, and retain it.

If you elect to fill out the “contact us” portion of our website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, we may collect information including your name, email address, phone number, information you share with that social media platform, as well as the text of any message you send electronically. This data will be processed based on our legitimate interest in communicating with you, answer any questions or concerns you have. We may also retain your data to keep a record of the communication.

If you become a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services you have requested, including but not limited to your name, email address, billing address, credit card or payment information, and any other information necessary in order to complete purchase of the product or service you elect to buy. We will collect and process this data in order to fulfill our contractual obligation to complete your order and will not retain the information any longer than necessary. We use third-party data processors to take and complete payment, and we will not retain nor have access to your payment information.

If you are on our email list due to your consent to be added, or your legitimate interest in engaging in direct marketing, we may also use your data to send you targeted social media advertisements or upload your information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list, or contact us with any questions or concerns.

USE OF COOKIES

The Site may use “cookies” to track the number of website visitors; determine and analyze visitors’ use of our website; store information you provide such as your preferences; as well as technical information useful in your interactions with my website.  The user may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

We may also collect data about how you use Website, your browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices you make, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our website and offerings, and ensure you receive information relevant to you. If we utilize this technology, we will use them in compliance with all policies of these third-party companies.  We may receive personal data from third parties including Google, social media platforms, search engines, Paypal, Stripe, and other third-party payment processing companies.

HOW AND WHY INFORMATION IS COLLECTED

We collect your personal information when you voluntarily, directly provide it to us to receive a free or paid resource, product, or service, or when you fill out a form or send an email to contact us, and we do so in order to provide you with the resource you have indicated you’d like to receive. We may also track your future interactions with our content, and use your personal information to keep you informed about the products and services you have elected to receive, as well as any linked or similar products or services we think you may be interested in. The information will be collected by us following your choice to manually enter it in, and click to be added to our list. No such information will be collected without your taking action to be added to our list.

We may also receive data from third parties like Google Analytics, Facebook and other advertising platforms, providers of technical or payment services as needed, and other similar third parties. We do our best to only utilize third parties who have been deemed GDPR-compliant, and whom we have either completed a data processing agreement with, or have reviewed and confirmed their policies regarding data processing to ensure compliance.

HOW YOUR INFORMATION WILL BE USED

You have the right to know and understand how your information is used. We will use the personally identifiable information you voluntarily give us in order to carry out the service or product you requested, including free resources, trainings, newsletters, periodic promotional emails, and to notify you about any changes to our policies or services.  We may also use your personal information to form “look-a-like” audiences in our digital marketing campaigns, which includes uploading your information into our social media advertising campaign.

If you purchase something from us, we will use your billing address and credit card information to complete your desired purchase or purchases only, and will not store or share any such information. By providing this information to us, you understand and agree that we may use and store such information to send emails, bill credit cards in exchange for programs or products purchased, or utilize comments for marketing purposes.

If you make a purchase from us, we may also use your personal information to send necessary updates to our products or services you have purchased, or to keep you informed of any necessary information relating to our products or services.

Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using Website; it is not used for any additional purposes, and Website does not use any such data to make automated decisions. We may also record some or all information to help create a better user experience. We may use information such as your IP address to help diagnose technical problems with servers or our website, and to determine which portions of our website receive the most traffic, to understand which content is the most useful to our visitors. Your IP address will not personally identify you, and may be used in such limited purposes as outlined above, in order to improve user experience.

HOW INFORMATION IS STORED AND SHARED

You have the right to know what information is stored (and not stored) and how it is processed. Your information is stored through a data management system, and it is important to us to take appropriate measures to ensure your information is kept confidential. You understand that there are limited purposes where we will share your confidential information, including with those who are providing technical support for our website, or those who are members of our team, including legal and accounting. Any parties who will have access to your information will keep such information confidential and will never share with any unrelated parties to the best of our abilities. Information provided by you will never be shared, sold, or given to any other company or person without your consent, other than what is required to complete a purchase or request you have made, unless required to do so by law, or any governmental requirements. We require all such third parties to treat your personal information in accordance with the law, and only allow them to process your personal data for specific, necessary purposes.

SECURITY

We use commercially reasonable methods to safeguard your personal data, including that which you provide to use, and that which we collect automatically, by using reasonable online security measures, and sharing your data with reputable third-party vendors that are compliant with generally accepted security and safety measures. We utilize a Secure Sockets Layer (SSL) on our website in order to assist in the secure transfer of information; however, it can never be guaranteed. Should We become aware that a data breach has occurred, We will timely notify the necessary parties with as much information as we have available.

While our team does our best to protect the information we collect, and prevent any misuse, unauthorized access, or disclosure, you understand that we cannot be responsible should an unauthorized third party obtain access to our information, without our consent. Should our website be tampered with, you understand that your personal information may be accessed by these unauthorized parties. You agree that we are not responsible for any such actions, and acknowledge you will hold us harmless should your information become intercepted in this way without our knowledge, permission, or consent, which includes a release of any and all claims related to use of such information by such an unauthorized party.

PARTICIPATING MERCHANT POLICIES

We may provide links to other websites on our website, from time to time. Unless otherwise stated, this Privacy Policy only covers information that we collect from you on our website, which is expressly controlled by us. You understand that should you click on a link and be taken to another website, this Privacy Policy does not attach, and we have no control, responsibility, or liability for content, activities, or policies of any other company, website, or individual. You acknowledge and agree that we are not responsible for the privacy policies or practices of third parties, and that you understand you will need to review the privacy policy of each individual website to confirm their specific policies.

CHANGES

We have the right to make changes to this Privacy Policy. When updates are made to the Privacy Policy, I will post them to the website. I encourage you to review this Privacy Policy periodically in order to stay informed of any changes on protecting your information. You agree to this Privacy Policy with the continued use of our services and website.

CONTACT US

If you have any questions regarding this Privacy Policy, please feel free to contact me at contact@gardenerbasics.com.

This document was last updated on January 10, 2023.