Terms and Conditions/Terms of Use
Agreement between User and https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/
Welcome to https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/. The https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com// website (the "Site") is comprised of various web pages operated by Garden Project Academy LLC. https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms").
Your use of https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/ constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/ is an E-Commerce and Blog Site.
Garden Project Academy LLC offers resources, digital products, and physical products that relate to gardening, horticulture, landscape design, and similar subject areas. Garden Project Academy LLC offers educational resources and online events to provide information to gardeners and do-it-yourselfers.
Garden Project Academy LLC will also provide expert interviews with specialists in their respective fields to supplement both Site and products with additional information. Certain experts may include certified irrigation specialist(s), landscape contractor(s) regarding creating an estimate/hiring contractors, soil scientists, and many others. Such information provided will be purely educational and are singularly the opinions and viewpoints of the specialist.
The information on this Site and within digital products are not professional advice, and you cannot hold Garden Project Academy LLC liable in any way for any actions you take or do not take based on the information on this Site or in any digital products. Hire a professional or seek professional advice before taking action.
By continuing to use this Site (https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com//), you agree to understand that:
1. All content is only informational and intending as such to only be informational.
2. Garden Project Academy LLC is in no way holding itself out to be a licensed and bonded contractor in the state, region, country, or area in which and you live.
3. Garden Project Academy LLC does not provide landscape installation or related construction contracting services, Garden Project Academy LLC is not a general contractor nor a sub-contractor.
4. Garden Project Academy LLC is not holding itself out to be a landscape construction professional, or a licensed entity by the Association of Professional Landscape Design (APLD), or another such certifying professional organization.
5. As the homeowner or property owner, you are responsible for any actions that you may take as a result of engaging with the information and services produced by Garden Project Academy LLC.
Privacy
Your use of https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/is subject to Garden Project Academy LLC's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. https://www.gardenprojectacademy.com/privacy-policy/
Electronic Communications
Visiting https://www.gardenprojectacademy.com/ and https://gardenprojectacademy.teachable.com/or sending emails to Garden Project Academy LLC 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 Garden Project Academy LLC is not responsible for third party access to your account that results from theft or misappropriation of your account. Garden Project Academy LLC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Garden Project Academy LLC 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 https://www.gardenprojectacademy.com/ or https://gardenprojectacademy.teachable.com/only with permission of a parent or guardian.
Cancellation/Refund Policy
We do not offer refunds for digital products for customers who did not ensure the product was a good fit for them before making a purchase. A simplified overview of the course contents will be communicated on our website and on other platforms for customers to carefully consider before making a purchase. It is the responsibility of the customer to do their due diligence and read about the course and read all terms and conditions to ensure that a product is right for them before making a purchase. All refund requests will be considered on a case-by-case basis and are within Garden Project Academy LLC’s discretion as to whether or not to grant or deny refunds.
Please refer to the website https://www.etsy.com/shop/GardenProjectAcademy for the terms and conditions related to products sold through the Etsy store "GardenProjectAcademy".
Links to Third Party Sites/Third Party Services
https://www.gardenprojectacademy.com/ may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Garden Project Academy LLC Garden Project Academy LLC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Garden Project Academy LLC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Garden Project Academy LLC of the site or any association with its operators.
Certain services made available via https://www.gardenprojectacademy.com/ are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.gardenprojectacademy.com/ domain, you hereby acknowledge and consent that Garden Project Academy LLC may share such information and data with any third party with whom Garden Project Academy LLC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.gardenprojectacademy.com/ users and customers.
Garden Project Academy LLC has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Garden Project Academy LLC of the site. Use of any such linked website is at the user's own risk.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.gardenprojectacademy.com/ strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Garden Project Academy LLC 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 Garden Project Academy LLC 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. Garden Project Academy LLC 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 Garden Project Academy LLC 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 Garden Project Academy LLC or our licensors except as expressly authorized by these Terms.
Permission is granted to temporarily download one copy of any downloadable materials on Garden Project Academy LLC’s website for personal, non-commercial transitory viewing only.
This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials;
use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Garden Project Academy LLC’s web site; remove any copyright or other proprietary notations from the materials; or
transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
Use of Site
Garden Project Academy LLC. provides various materials, information, quizzes, tests, questions, articles, news and other information on this and related sites and in courses offered through this site (the “Materials”). Garden Project Academy LLC. authorizes each User to view and download one copy of the Materials. Materials may be downloaded and a maximum of one copy of the Materials may be printed provided that Users make no modifications to the Materials and you retain all copyright and other proprietary notices contained in the original Materials on any copies of the Materials. Users may not modify the Materials at this Site in any way or reproduce, share or distribute them. Users will keep all Materials confidential, and will not sell, auction, loan, rent, give away, describe, summarize, or otherwise reveal the Materials or their contents, to any other person or entity. Any breach of these Terms of Use automatically terminates your authorized use of the Site.
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 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.
Garden Project Academy LLC has no obligation to monitor the Communication Services. However, Garden Project Academy LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Garden Project Academy LLC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Garden Project Academy LLC 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 Garden Project Academy LLC's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Garden Project Academy LLC does not control or endorse the content, messages or information found in any Communication Service and, therefore, Garden Project Academy LLC 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 Garden Project Academy LLC spokespersons, and their views do not necessarily reflect those of Garden Project Academy LLC.
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.
No Warranty
The Materials provided at this Site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property. Garden Project Academy LLC further does not warrant the accuracy and completeness of the Materials at this Site. Garden Project Academy LLC may make changes to the Materials at this Site, or to the services and prices described in them, at any time without notice. The Materials at this Site may be out of date, and Garden Project Academy LLC makes no commitment to update the Materials at this Site.
Materials Provided to https://www.gardenprojectacademy.com/ or Posted on Any Garden Project Academy LLC Web Page
Garden Project Academy LLC does not claim ownership of the materials you provide to https://www.gardenprojectacademy.com/ (including feedback and suggestions) or post, upload, input or submit to any Garden Project Academy LLC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Garden Project Academy LLC, 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.
No compensation will be paid with respect to the use of your Submission, as provided herein. Garden Project Academy LLC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Garden Project Academy LLC’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 may be able to connect your Garden Project Academy LLC account to third party accounts. By connecting your Garden Project Academy LLC 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 Garden Project Academy LLC 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 Garden Project Academy LLC Content accessed through https://www.gardenprojectacademy.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 Garden Project Academy LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's 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. Garden Project Academy LLC 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 Garden Project Academy LLC in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Garden Project Academy LLC agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
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. GARDEN PROJECT ACADEMY LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
GARDEN PROJECT ACADEMY 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 ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. GARDEN PROJECT ACADEMY 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 GARDEN PROJECT ACADEMY 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, ITS INFORMATION, 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 GARDEN PROJECT ACADEMY 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.
In no event shall Garden Project Academy LLC be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Garden Project Academy LLC’s website, even if Garden Project Academy LLC or an authorized of Garden Project Academy LLC has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Governing Law
Any claim relating to the School’s website shall be governed by the laws of the School Owner’s home jurisdiction without regard to its conflict of law provisions.
Revisions and Errata
The materials appearing on Garden Project Academy LLC’s website may include technical, typographical, or photographic errors. Garden Project Academy LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Garden Project Academy LLC may make changes to the materials contained on its web site at any time without notice. Garden Project Academy LLC does not, however, make any commitment to update the materials.
Termination/Access Restriction
Garden Project Academy LLC 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 Washington and you hereby consent to the exclusive jurisdiction and venue of courts in Washington 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 Garden Project Academy LLC as a result of this agreement or use of the Site. Garden Project Academy LLC 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Garden Project Academy LLC’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 Garden Project Academy LLC 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 and Garden Project Academy LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Garden Project Academy LLC 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 and 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
Garden Project Academy LLC reserves the right, in its sole discretion, to change the Terms under which https://www.gardenprojectacademy.com/ is offered at any time without notice. The most current version of the Terms will supersede all previous versions. Garden Project Academy LLC encourages you to periodically review the Terms to stay informed of our updates. By using this website you are agreeing to be bound by the then current version of these Terms of Use.
Contact Us
Garden Project Academy LLC welcomes your questions or comments regarding the Terms:
Garden Project Academy LLC
21701 NE Basket Flat Rd
Battle Ground, Washington 98604
Email Address:
_________________
Effective as of December 2, 2021