The Hawthorne Gardening Company (Black Magic)
Site Use Terms and Conditions
The Site is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Access to the Site
Hawthorne reserves the right to withdraw or amend the Site, and any service or Content provided on the Site. Hawthorne will not be liable if for any reason all or any part of the Site is unavailable at any time for any reason. Hawthorne reserves the right to deny or restrict access to all or part of the Site to anyone at any time for any reason. Hawthorne may terminate, suspend or discontinue any aspect of the Site at any time, without notice or liability.
The use of the Site address, Hawthorne’s trademarks or names in metatag keywords is trademark infringement, and the use of trademarks or names in page text, metatags, and/or hidden text for purposes of gaining higher ranking from search engines is unfair competition, all of which are prohibited.
Linking to Other Websites
The Site may provide links to one or more websites or resources that are not under the control of, or maintained by, Hawthorne (“Third Party Sites”), including links contained in advertisements, such as banner advertisements and sponsored links. These links are provided as a convenience to you and as an additional avenue of access to the information contained therein. The inclusion of links to Third Party Sites are not, and should not be viewed, as an endorsement by Hawthorne of the Third Party Site or any content therein. Hawthorne has no control over the content of Third Party Sites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them, and hereby disclaims all liability related to them. If you decide to access any of the Third Party Sites linked to the Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.
Linking to Social Media Features
The Site may provide certain social media features that enable you to:
Link from your own or certain third-party websites to certain content on the Site.
Send e-mails or other communications with certain content, or links to certain content, on the Site.
Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by Hawthorne and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Hawthorne provides with respect to such features. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
Link to any part of the Site other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. Hawthorne reserves the right to withdraw linking permission without notice. Hawthorne may disable all or any social media features and any links at any time without notice in its discretion.
Material You Submit
You acknowledge that you are responsible for any material, data, information or other content you may submit or post to the Site (including any components of the Site administered by third parties, such as tools that allow you to interact with the Site through Facebook and other social media platforms) (collectively, “Submissions,” each, a “Submission”), including the legality, reliability, appropriateness, originality, copyright, and right to grant a license to use any such material. You must not upload to, distribute, or otherwise publish through the Site anything that (i) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, or threatening; infringing or misappropriating of third parties’ intellectual property rights, including but not limited to trademark, copyright, or patent rights, right of publicity, right of privacy, trade secret, or other proprietary rights; or harassing, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation, or (iii) may contain software viruses, spyware, Trojan horses, or similarly harmful software code, political campaigning, chain letters, mass mailings, commercial advertising, or any form of “spam.” You may not use any device, software or technique to interfere with or attempt to interfere with the proper working of the Site. You may not use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any content. You may not upload commercial content onto the Site.
Terms and Conditions Governing Use of Mobile Applications
A separate set of Terms and Conditions applies to your use of mobile applications featured on the Site.
Limitation of Liability
In certain jurisdictions, some liabilities cannot be excluded or limited under applicable law. In such jurisdictions, the foregoing limitation of liability may not apply to you. If Hawthorne cannot lawfully disclaim liability to you under this Limitation of Liability, Hawthorne will be liable to you, in the aggregate for all claims arising hereunder, for liquidated damages of $10.00. In such event, you acknowledge and agree that the Excluded Damages for all claims arising hereunder cannot be calculated with reasonable certainty. You further agree that $10.00 represents (i) a reasonable approximation of the Excluded Damages that you will suffer for all claims arising hereunder and that such liquidated damages do not constitute a penalty, and (ii) the exclusive remedy to you for Excluded Damages in connection with all claims arising hereunder. The limitations in this paragraph will apply even if any other remedy available to you fails of its essential purpose.
Disclaimer of Warranty
The Site and related services and features are provided to you “AS IS” and “AS AVAILABLE.” HAWTHORNE MAKES NO REPRESENTATIONS, COVENANTS OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR RESULTS TO BE DERIVED FROM THE USE OF THE SITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN THE SITE OR ITS CONTENT. FURTHER, HAWTHORNE DOES NOT REPRESENT, COVENANT OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. YOU HEREBY AGREE THAT USE OF THE SITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK.
Hawthorne operates the Site from its offices within the State of New York and makes no representations as to the use of the Site outside the United States or compliance of the Site or its Site Use Terms with any applicable law. Hawthorne makes no claims that the Site or its Content is legal for use outside the United States. If the Site is accessed outside the United States, you hereby acknowledge doing so on your own initiative, and are responsible for compliance with local laws.
Governing Law and Jurisdiction
If you believe the Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent, identified below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Hawthorne to locate the material;
Information reasonably sufficient to permit Hawthorne to contact you, such as an address, telephone number, and if available, an email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows: Attn: General Counsel, The Hawthorne Gardening Company, 800 Port Washington Boulevard, Port Washington, New York 11050. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.
Limitation on Time to File Claims
Waiver and Severability
© 2015, The Hawthorne Gardening Company, Worldwide Rights Reserved.