Mygardenfountain.com
Welcome to Mygardenfountain.com. We strive to make your experience a positive one. By accessing or using any areas on the Mygardenfountain.com websites, or any website affiliated with Mygardenfountain.com, you are agreeing to the following terms with Mygardenfountain.com (the "Terms and Conditions"). Persons eighteen (18) years of age and under are prohibited from using Mygardenfountain.com, any Mygardenfountain.com-branded website, or any other website affiliated with Mygardenfountain.com.
Before you use Mygardenfountain.com, you must carefully read and accept all of the terms, conditions and regulations in, and linked to, these Terms and Conditions. If you do not agree to the Terms and Conditions, you may not use Mygardenfountain.com or use the services detailed herein. Mygardenfountain.com may, in its sole discretion, modify or revise the Terms and Conditions at any time by updating this web page. You are bound by any such modification or revision and are hereby advised to visit this page periodically to review the terms.
The Terms and Conditions were best updated on: November 29, 2006.
1. SERVICES
Mygardenfountain.com attempts to introduce buyers ("Buyers") who request leads on certain products or services to sellers or suppliers ("Sellers") who provide competitive bids for such products or services. Buyers submit to us leads, which Mygardenfountain.com then utilizes in soliciting competitive bids from Sellers. Mygardenfountain.com may not always be able to match Buyers leads(s) with Sellers. Mygardenfountain.com does not guarantee the quality or the credentials of the Sellers. As Mygardenfountain.com merely introduces Buyers with Sellers, Mygardenfountain.com is not responsible for any transaction that may occur between you (as Buyer) and Sellers. We urge you to exercise the utmost caution and discretion when contacting and transacting business with Sellers. Mygardenfountain.com does not guarantee the quality, safety or legality of the information provided or the products and services sold by Sellers.
2. SELLER DISPUTES & WAIVER OF CLAIMS
Mygardenfountain.com is not the supplier of Sellers' products or services, nor is it a third-party beneficiary to any transactions between you and Sellers involving such products or services. Should you have a dispute with any Seller, you must address such dispute with the Seller directly. As a condition of your use of Mygardenfountain.com, you hereby agree to fully release Mygardenfountain.com (and our affiliates, directors, officers, owners, subsidiaries, employees and agents) from any and all damages or claims (including without limitation consequential and incidental damages) arising out of or in any way connected with such disputes and your transactions with Sellers.
3. Mygardenfountain.com'S SERVICES
You agree that by completing an online company profile or creating a buying/selling Lead, you are entering into an agreement with Mygardenfountain.com and thus agree to be contacted by Mygardenfountain.com, Sellers, or any other party Mygardenfountain.com, in its sole discretion, deems it necessary in light of your needs. You acknowledge that Sellers can contact you regarding your Leads and that you are expressly consenting to such contact by them, or Mygardenfountain.com or any third party if necessary, to fulfill such Lead via phone, fax, email, mail or other reasonable means, at any of your contact numbers or addresses provided by you in the Lead. These contacts are necessary to provide the services set forth on our site, to service your account and to reasonably address matters pertaining to your account. You also agree to be contacted even though you've registered with the no-call list in your state.
4. YOUR USE OF Mygardenfountain.com
By using our website, you acknowledge that Mygardenfountain.com (and the information contained therein) is a commercially valuable proprietary product, the design and development of which have involved the expenditure of considerable funds over a long period of time, and which affords Mygardenfountain.com a commercial advantage over its competitors. You further acknowledge that loss of this competitive advantage due to any unauthorized reproduction, downloading or use of Mygardenfountain.com or its data would cause substantial damage to Mygardenfountain.com.
If it is determined or suspected by Mygardenfountain.com in its sole discretion that you are misusing or attempting to misuse or circumvent the Mygardenfountain.com services or system, or are using or attempting to use it for any inappropriate purposes, including but not limited to activities such as hacking, fraud, advertising, or spamming, Mygardenfountain.com reserves the right, in its sole discretion, to immediately terminate your access to Mygardenfountain.com without notice and to commence legal actions or proceedings to seek all remedies and/or damages available at law. You further acknowledge that due to the unique nature of Mygardenfountain.com services, Mygardenfountain.com shall be entitled in addition to all other rights and remedies (including but not limited to monetary damages), to injunctive relief as may be necessary to restrain any continuing or further breach by you, without showing or proving any actual damages sustained.
5. USE OF INFORMATION & LICENSE
When using Mygardenfountain.com's services, you will be prompted to disclose certain information about yourself and your purchasing requirements. This information will be offered to Sellers who will need this information to respond to you. You agree to only complete a buying/selling lead for yourself or another person who has authorized you to share his or her contact information. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Mygardenfountain.com believes is untrue, inaccurate, not current or incomplete, Mygardenfountain.com has the right to refuse you any current or future use of the Mygardenfountain.com services. You are responsible for any use of the Mygardenfountain.com services by persons to whom you intentionally or negligently allow access to your password. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS INDICATES THAT YOU EXPRESSLY CONSENT TO OUR USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION TO SELLERS.
Mygardenfountain.com may send you information related to your leads or your Mygardenfountain.com account and you agree that Mygardenfountain.com has the right to do so. Mygardenfountain.com may also send you information and offers related to Mygardenfountain.com products and services, which you can choose to opt out of by contacting Mygardenfountain.com. Notwithstanding the foregoing, under no circumstances will Mygardenfountain.com or any of its suppliers have any obligation to provide you with upgrades, enhancements, modifications, or support for the Services provided by Sellers.
By submitting content to any public or non-public area of the Mygardenfountain.com website, you grant Mygardenfountain.com and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, lease, communicate to the public, publicly perform and publicly display (in whole or in part), and/or to incorporate such content in other works in any form, media, or technology now known or later developed, for the full term of any rights that may now or ever exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license referred to above. Subject to the foregoing, the owner of such content placed on the Mygardenfountain.com website retains any and all rights that may exist in such content.
6. USER REGISTRATION AND PASSWORD.
You are responsible for maintaining the confidentiality of any password you may receive. You are responsible for all uses of your password, whether or not authorized by you. You agree to notify Mygardenfountain.com immediately of any unauthorized use of your password.
7. Mygardenfountain.com CONTENT
The content of the Mygardenfountain.com, including but not limited to text, graphics, images, sounds, music, logos, button icons, software, individual screen displays, operational characteristics and functionalities, machine-readable code ("Object Code"), human-readable code ("Source Code"), and HTML code (collectively, the "Materials"), are protected under United States and international copyright, trademark and other laws. All Materials are the property of Mygardenfountain.com or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Mygardenfountain.com is the exclusive property of the Company and protected under United States and international copyright laws. Unauthorized use of Mygardenfountain.com and/or the Materials may violate copyright, trademark, and other laws, and is a breach of these Terms and Conditions. You may not remove or obscure any copyright, trademark, service-mark or other proprietary notice contained in any Materials on any copy you make of such Materials. Unless otherwise specified herein, you may not modify, print out, distribute, transmit, publicly display, publicly perform, communicate to the public, reproduce, publish, license, create derivative works from, transfer or sell any of the Materials. The use of any of the Materials on any other web site or in a networked computer environment for any purpose is prohibited. Notwithstanding the foregoing, Mygardenfountain.com authorizes you to view and download a single copy of the Materials on the site solely for your personal, non-commercial use.
8. LINKS TO THIRD PARTY SITES
Mygardenfountain.com website contains links to third-party sites. The linked sites are not necessarily under the control of Mygardenfountain.com, and Mygardenfountain.com is not responsible for the content of any linked site or any link contained in a linked site or any changes or updates to such sites. Mygardenfountain.com is providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Mygardenfountain.com of the linked site.
9. INDEMNIFICATION
You agree to release and indemnify Mygardenfountain.com, and its subsidiaries, directors, officers, owners, affiliates, employees and agents and hold them each harmless from any and all claims or demands, including attorneys' fees, made by any third party due to or arising from your use of the Mygardenfountain.com services or website or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. The Terms and Conditions will inure to the benefit of Mygardenfountain.com's successors, assigns and licensees.
10. WARRANTIES
You acknowledge and agree that the Mygardenfountain.com services are provided to you on an "AS IS" basis without any warranty whatsoever, and your sole and exclusive remedy, and Mygardenfountain.com's sole obligation to you or any third party for any claim arising out of your use of the Mygardenfountain.com services or the Mygardenfountain.com website, is that you may terminate use of the Mygardenfountain.com services or the Mygardenfountain.com website at any time. Mygardenfountain.com EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES.
11. MISCELLANEOUS TERMS
The failure of Mygardenfountain.com to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mygardenfountain.com as a result of these Terms and Conditions or use of this website.
Mygardenfountain.com is governed by the laws of the State of Colorado. You hereby consent to the exclusive jurisdiction and venue of courts in Denver County, Colorado, in all disputes arising out of or relating to the use of Mygardenfountain.com or breach of the Terms and Conditions.
These Terms and Conditions constitute the entire agreement between you and Mygardenfountain.com with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Mygardenfountain.com with respect to this site and the services provided therein.
