Green Thumb Journal Terms of Service

Welcome to Green Thumb Journal. Green Thumb Journal offers a variety of social networking and blogging tools for gardening enthusiasts.

AGREEMENT TO GREEN THUMB JOURNAL TERMS AND CONDITIONS OF USE Subscribers, customers, users, and others who download, use, purchase, subscribe, or otherwise access the Green Thumb Journal Services (collectively or individually "You" "User" or "Users") must do so under the following Green Thumb Journal Terms and Conditions of Use ("Terms and Conditions of Use").

BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.

BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT HE OR SHE HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE GREEN THUMB JOURNAL REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE GREEN THUMB JOURNAL TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). IF A USER DOES NOT CONSENT TO THE AGREEMENT, THEN GREEN THUMB JOURNAL DIRECTS THAT SUCH USER CEASE USING THE SERVICES IMMEDIATELY.

GREEN THUMB JOURNAL AND THE SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 14 YEARS OR OLDER. IF A USER IS 14 OR OLDER BUT UNDER THE AGE OF 18, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE GREEN THUMB JOURNAL REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER 14, THEN HE OR SHE AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF GREEN THUMB JOURNAL AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.

BY USING GREEN THUMB JOURNAL OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:

  • HE OR SHE IS 14 YEARS OR OLDER BUT UNDER THE AGE OF 18 AND HE OR SHE HAS REVIEWED AND CONSENTED TO THE AGREEMENT WITH HIS OR HER PARENTS PER THE PROTOCOL SET FORTH ABOVE; OR
  • HE OR SHE IS 18 YEARS OR OLDER; AND HAS CONSENTED TO AND AGREED TO THE AGREEMENT.


THE AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND GREEN THUMB JOURNAL. Any User may Contact Us in order to receive a copy of this Agreement.

ALL USERS ACKNOWLEDGE AND AGREE THAT GREEN THUMB JOURNAL HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND GREEN THUMB JOURNAL, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND GREEN THUMB JOURNAL. GREEN THUMB JOURNAL WOULD NOT BE ABLE TO PROVIDE THE GREEN THUMB JOURNAL SERVICES TO USERS ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS AND DISCLAIMERS.

PRIVACY POLICY

Green Thumb Journal's Privacy Policy is hereby incorporated into the Agreement by reference. Please read this notice carefully for disclosures relating to Green Thumb Journal security protocols, and more importantly, the collection, use, and disclosure of your personal information and geographic location information. Click here to review the Green Thumb Journal Privacy Policy.

IMPORT OF ADDITIONAL POSTED GUIDELINES

Green Thumb Journal may require Users to follow additional rules, guidelines or other conditions in order to use various special features, to participate in certain promotions available through Green Thumb Journal, or to receive other Services that Green Thumb Journal may offer from time to time (the "Guidelines"). In such cases, a User may be required to expressly consent to additional terms set forth in applicable Guidelines, for example, by checking a box or clicking on a button marked "I agree." This type of agreement is known as a "click-through" agreement. If any of the terms of a click-through agreement are different than the terms of the Terms and Conditions of Use, the terms of the click-through agreement will supplement or amend the Terms and Conditions of Use, but only with respect to the matters governed by the click-through agreement.

MODIFICATION OF THE AGREEMENT

Green Thumb Journal reserves the right, at Our discretion, to change, modify, add, or remove portions of the Agreement or any affiliated Guidelines or Policies at any time. By a User's consent to the Agreement, He or she obligates himself or herself to periodically check the Agreement and all Guidelines and Policies for any changes. A User's continued use of the Services after the posting of any modifications or changes constitutes his or her binding acceptance of such changes. Please note that additional and/or different conditions and terms of use may apply to services or products provided through one or more of Our partners, advertisers, or business associates, and a User should refer to those before accessing, purchasing, using or subscribing to such services or products. For any material changes to the Agreement or any Guidelines or Policies, a User acknowledges and agrees that any such amended or modified terms shall automatically be effective thirty (30) days after they are initially posted on GreenThumbJournal.com.

OWNERSHIP AND PROPRIETARY RIGHTS

The Services are owned and operated by Green Thumb Journal. The Green Thumb Journal Software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All materials and components contained in the Services are the property of Green Thumb Journal or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names displayed on the Services are proprietary to Green Thumb Journal or its affiliates and/or third-party licensors. Except as expressly authorized by Green Thumb Journal, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

ACCOUNT INFORMATION

The Services are not available to persons under the age of 14 or to any Users suspended or removed from the Services by Green Thumb Journal. Users agree that the information that they provide Green Thumb Journal upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up to date at all times.

PASSWORD

When a User registers as a member and obtains an account, he or she will be asked to provide a password. Because a User will be responsible for all activities that generate from his or her account, and one can only access his or her account upon the transmission of the associated password, a User should keep that password strictly confidential at all times. A USER MUST NOTIFY GREEN THUMB JOURNAL IMMEDIATELY OF ANY UNAUTHORIZED USE OF HIS OR HER PASSWORD OR IF HE OR SHE BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. Green Thumb Journal reserves the right to suspend a User's account and/or require that such User alter his or her password if we believe for any reason that such User's password is no longer secure. A USER MAY NOT SHARE HIS OR HER GREEN THUMB JOURNAL ACCOUNT PASSWORD WITH ANY OTHER PERSON FOR ANY REASON.

PAYMENT TERMS AND CANCELATIONS

A User agrees to pay any fees due for and incurred by their use of those select Services that require payment on the part of Users ("Paid Services"). Green Thumb Journal will administer and apply User payments received for Paid Services via GreenThumbJournal.com in a timely and commercially reasonable manner. Further, Green Thumb Journal reserves the right to terminate a User's use of a Paid Service on account of that User's nonpayment of associated charges. If a User wants to discontinue his or her utilization of a Paid Service, then he or she may cancel that Paid Service in accord with the cancellation procedures established in the Guidelines pertinent to that Paid Service.

Certain individuals or vendors (collectively "third party vendors") with whom Green Thumb Journal maintains a commercial relationship may market their own promotions and services on (or through) GreenThumbJournal.com. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. Green Thumb Journal is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.

GREEN THUMB JOURNAL USAGE RULES
PROHIBITED CONDUCT & USES
ALL USERS UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT THEY MAY NOT AND WARRANT THAT THEY WILL NOT:

  1. use the Services or any personal information or location information displayed on or within Green Thumb Journal to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
  2. use Green Thumb Journal or the Services if You are under the age of 14 years old;
  3. include offensive or pornographic materials in your Green Thumb Journal personal profile page;
  4. use Green Thumb Journal or the Services for any commercial or non-private use, it being understood that Green Thumb Journal and the Services are to be employed for personal, non-commercial use only;
  5. fail to deliver payment for any Paid Services;
  6. use Greent Thumb Journal or the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
  7. make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of Green Thumb Journal. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
  8. impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Green Thumb Journal accounts of other Users;
  9. share Green Thumb Journal-issued passwords or access to your mobile device while any Service is running and accessible with any third party or encourage any other User to do so;
  10. misrepresent the source, identity or content of information transmitted via Green Thumb Journal;
  11. remove, circumvent, disable, damage or otherwise interfere with security-related features of Green Thumb Journal, features that prevent or restrict use or copying of any content accessible through the Green Thumb Journal, or features that enforce limitations on use of the Services;
  12. intentionally interfere with, or damage operation of Green Thumb Journal or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
  13. post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
  14. post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;
  15. attempt to gain unauthorized access to Green Thumb Journal or the Services, other accounts, computer systems or networks connected to Green Thumb Journal, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of Green Thumb Journal or any activities conducted on Green Thumb Journal;
  16. use any robot, spider, scraper or other automated means to access Green Thumb Journal for any purpose without Our express written permission or bypass Our robot exclusion headers or other measures we may use to prevent or restrict access to Green Thumb Journal or modify Green Thumb Journal in any manner or form, nor to use modified versions of Green Thumb Journal, including (without limitation) for the purpose of obtaining unauthorized access to Green Thumb Journal; or
  17. sell or transfer or allow another person to access their account passwords, profiles, or Green Thumb Journal accounts.


USAGE; REFUSAL OR SUSPENSION OF SERVICE

GREEN THUMB JOURNAL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE OUR SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES (INCLUDING INVITING A FELLOW USER INTO A NETWORK OF FRIENDS), AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, GREEN THUMB JOURNAL ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO GREEN THUMB JOURNAL, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.

A USER IS SOLELY RESPONSIBLE FOR HIS OR HER INVOLVEMENT WITH OTHER USERS. GREEN THUMB JOURNAL RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR DISAGREEMENTS BETWEEN ANY USERS.

GREEN THUMB JOURNAL DOES NOT CONTROL THE CONTENT OF USER ACCOUNTS AND PROFILES AND DOES NOT HAVE ANY OBLIGATION TO MONITOR SUCH CONTENT FOR ANY PURPOSE. USERS ACKNOWLEDGE THAT THEY ARE SOLELY RESPONSIBLE FOR ALL CONTENT AND MATERIAL THAT THEY PROVIDE TO GREEN THUMB JOURNAL.

MOREOVER, GREEN THUMB JOURNAL RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON AND WITHOUT ANY NOTICE.

THIRD PARTY CONTENT PRESENT ON OR LINKED ON GREEN THUMB JOURNAL

Certain content displayed on GreenThumbJournal.com or linked to Our site - namely, third party websites and news headlines - (collectively "third party web content"), is developed by individuals or merchants over whom Green Thumb Journal exercises no direct control.

Green Thumb Journal does not endorse any third party web content, or the information, material, products, or services associated with third party content.

Furthermore, some Users may find some third party web to be objectionable, inappropriate, or offensive. Green Thumb Journal therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are laid out in or linked by any third party web content.

In addition, User contact or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content is solely between a User and the associated third party. A User therefore agrees that Green Thumb Journal shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content on GreenThumbJournal.com

USER CONTENT

Any and all information (other than personal information and/or location information which are expressly covered and governed by the Green Thumb Journal Privacy Policy), including data, text, files, graphics and other materials that a User transmits to, or supplies to Green Thumb Journal is referred to as "User Content." By transmitting User Content on or through GreenThumbJournal.com a User expressly agrees that he or she is solely responsible for the transmission, accuracy, completeness, and publication of that User Content, and that Green Thumb Journal bears no responsibility, legal or otherwise, for such User Content.

Prohibited User Content

A User may not post Content on GreenThumbJournal.com that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
  • promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and/or sales without Our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.


Responsibility For User Content.

A User is responsible for all User Content posted under his or her account on GreenThumbJournal.com, and for adjusting those account settings, specifically User Privacy Settings, that permit him or her to display User Content on the Site.

Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. Green Thumb Journal will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but Green Thumb Journal cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and Green Thumb Journal will not be liable for such chance disclosures.

Upon a User's termination of his or her account, he or she may request that Green Thumb Journal completely "purge" the User account, including the deletion of any and all User content previously submitted by that User. Green Thumb Journal will in turn undertake reasonable efforts to ensure that a User Account and Green Thumb Journal is completely purged of User Content, subject to the limitation that Green Thumb Journal may not be able to fully delete all User Content, specifically any User Content posted in Green Thumb Journals Forums and Comments, on other User pages. Green Thumb Journal therefore directs that a User exercise good judgment when he or she posts User Content to Green Thumb Journal Forums and Comments or on other User pages, and refrain from posting sensitive material.

Ownership Rights In User Content

When a User transmits or otherwise supplies User Content to Green Thumb Journal, or otherwise makes User Content available on or through GreenThumbJournal.com, he or she expressly grants Green Thumb Journal a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with Green Thumb Journal or the promotion thereof.

In addition, Green Thumb Journal obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content to GreenThumbJournal.com, he or she authorizes and directs Green Thumb Journal to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.

The rights held by Green Thumb Journal relative to User content, as delineated above, are, however, subject to the limitation that should Green Thumb Journal seek to make use of certain User Content - namely a User's image -for explicit commercial or advertising purposes, Green Thumb Journal will make a reasonable effort to secure consent from that User for that specific purpose.

Further, Green Thumb Journal does not assert any real ownership over User Content. Rather, subject to the rights granted to Green Thumb Journal in these Terms and Conditions of Use, a User retains full ownership of any and all of his or her User Content and any intellectual property rights or other proprietary rights associated with said User Content.

Green Thumb Journal Review of User Content

GREEN THUMB JOURNAL DOES NOT ACTIVELY MONITOR, REVIEW, OR EDIT USER CONTENT POSTED, OR OTHERWISE MADE AVAILABLE BY A USER ON GREENTHUMBJOURNAL.COM. Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when he or she accesses or otherwise uses Green Thumb Journal or select Services, he or she may be exposed to User Content from a variety of sources, and that Green Thumb Journal is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that he or she may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and he or she agrees to waive, and hereby does waive, any legal or equitable rights or remedies he or she may have against Green Thumb Journal with respect thereto.

Green Thumb Journal, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that Green Thumb Journal determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, Green Thumb Journal is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that Green Thumb Journal determines is unsuitable.

MIXED-USE GUIDELINES

Green Thumb Journal and its Services are made available for your personal, non-commercial use only.

A User may not employ Green Thumb Journal or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to a User or third party Web site for commercial reasons, such as advertising sales. A User may not take the results from a Green Thumb Journal search and reformat and display them, or mirror the Green Thumb Journal home page or results pages on his or her Web site. Moreover, a User may not "meta-search" Green Thumb Journal.

If a User seeks to make commercial use of Green Thumb Journal and the Services, he or she must enter into an agreement with Green Thumb Journal to do so in advance. Please Contact Us for more information.

GREENTHUMBJOURNAL.COM CONTENT

GreenThumbJournal.com contains trademarks, service marks, copyrighted material concerning gardening, and other content owned by Green Thumb Journal and others (collectively "Content").

Ownership Of Green Thumb Journal Content

Green Thumb Journal is the sole owner of all such Content presented on GreenThumbJournal.com, including all copyrights, trademarks and other intellectual property rights. A User may not download, copy, or save any Content or any portion of it, for any purpose, except he or she may print a copy of individual screens appearing as part of Green Thumb Journal solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted in these Terms and Conditions of Use, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the Content without the prior written permission of Green Thumb Journal.

NO AUTOMATED QUERYING OF ROUTE OR USER INFO

A User may not send automated queries of any sort to Green Thumb Journal's system without express permission in advance from Green Thumb Journal. Note that "sending automated queries" includes, among other things:

  • "meta-searching" Green Thumb Journal; and
  • performing "offline" searches on Green Thumb Journal.


Miscellaneous Disclaimers

GREEN THUMB JOURNAL FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL DISPLAYED IN THE SERVICES OR ANY SEARCH RESULTS GENERATED BY THE SERVICES.

GREEN THUMB JOURNAL ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL.

A USER UNDERSTANDS AND AGREES THAT WHEN HE OR SHE DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA THROUGH THE USE OF GREN THUMB JOURNAL, HE OR SHE DOES SO AT HIS OR HER OWN DISCRETION AND RISK. ACCORDINGLY, GREEN THUMB JOURNAL DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM TO A USER THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH GREEN THUMB JOURNAL AND/OR THE SERVICES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO A GIVEN USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND HE OR SHE MIGHT HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION; HOLD HARMLESS

A User agrees to indemnify, defend, and hold Green Thumb Journal, and its suppliers and partners harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Services generally, (b) any violation of the rights of any other person or entity by User, (c) any breach or violation by a User of Green Thumb Journal, or (d) a User's employment of the Services to meet another User in-person or to locate and attend any offline place or event.

Green Thumb Journal reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify Green Thumb Journal, and said User agrees to cooperate with Our defense of these claims.

LIMITATION OF LIABILITY AND DAMAGES

A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL GREEN THUMB JOURNAL, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER'S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH GREEN THUMB JOURNAL OR ANY OTHER USER OF THE SERVICES, EVEN IF GREEN THUMB JOURNAL OR A GREEN THUMB JOURNAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON GREEN THUMB JOURNAL OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY GREEN THUMB JOURNAL OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON GREEN THUMB JOURNAL OR THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY GREEN THUMB JOURNAL OR THE SERVICES.

THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF GREEN THUMB JOURNAL OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO GREEN THUMB JOURNAL OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL GREEN THUMB JOURNAL BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.

IN NO EVENT SHALL GREEN THUMB JOURNAL (OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR THIRD-PARTY PARTNERS) TOTAL LIABILITY TO A USER FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OF USE, OR A USER'S EMPLOYMENT OF THE SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), WARRANTY, OR OTHERWISE EXCEED THE AMOUNTS PAID BY A USER FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF SAID USER'S CLAIM OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER.

A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECFIC USER. SAID USER, HOWEVER, AGREES THAT GREEN THUMB JOURNAL'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE

It is Green Thumb Journal's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. In addition, Green Thumb Journal will promptly terminate without notice the accounts of Users that are determined by Green Thumb Journal to be "repeat infringers." A repeat infringer is a User who has been notified by Green Thumb Journal of infringing activity violations more than twice and/or who has had User Content removed from Green Thumb Journal more than twice.

Copyright owners who believe that any content on Green Thumb Journal infringes upon their copyrights are encouraged to submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). Said notification should be sent to Green Thumb Journal and include the following in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Green Thumb Journal Service are covered by a single notification, a representative list of such works on the applicable Green Thumb Journal Service;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Green Thumb Journal to locate the material;
  4. Information reasonably sufficient to permit Green Thumb Journal to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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 (for example, "I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law."); and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, "I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.").


A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

SUPPORT

Green Thumb Journal will provide account support ("Support") to a User via the following methods:

  • Website Feedback Form
  • Message/Comment Boards


Green Thumb Journal strives to respond to Support requests within 48 hours after the request is placed.

GOVERNING LAW

The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law.

CLAIMS

A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one year term, such action is permanently barred.

JURISDICTION

A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the state or federal courts in and for the County of Fairfax, and he or she consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.

Alternatively, either Green Thumb Journal or a User may demand that any dispute or claim between Green Thumb Journal and said User about or involving Green Thumb Journal or the Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association ("AAA"). If arbitration is demanded by Green Thumb Journal or a User, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the AAA at the AAA's Regional Office in Washington, DC, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent Green Thumb Journal from seeking injunctive relief in a court of competent jurisdiction.

SEVERABILITY AND WAIVER

If any provision of the Terms and Condition of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.

Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.

NOTICES

Green Thumb Journal may provide You with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on GreenThumbJournal.com. Notice will be deemed given twenty-four hours after email is sent, unless Green Thumb Journal is notified that the email address is invalid. Alternatively, Green Thumb Journal may provide a User legal notice by mail to a postal address, if provided by said User through Green Thumb Journal.com. In such case, notice will be deemed given three days after the date of mailing. Notices posted on Green Thumb Journal are deemed given and binding 30 days following the initial posting.

ASSIGNMENT

The Terms and Conditions of Use (and any related Guidelines), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by Green Thumb Journal without restriction.

SURVIVAL

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User's account or use of Green Thumb Journal.

CHANGES IN TERMS AND CONDITIONS OF USE

Green Thumb Journal may modify or terminate Our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to any User, any other User, or any third party. In addition, Green Thumb Journal reserves the right to modify these Terms and Conditions Use from time to time without notice. Users should therefore make an effort to review Terms and Conditions of Use from time to time so that You will be apprised of any changes.

HEADINGS

The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entirety of the agreement between Green Thumb Journal and Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter