Terms of Service

2.1 Account Types and Subscription Plans

Home Gardener offers five distinct account types, each with specific features, costs, and access levels. Your account type determines which features and services you may access on the Platform. By registering for or upgrading to a particular account type, you acknowledge that you have read, understood, and agree to the terms, conditions, and limitations associated with that account type.

2.2 Account Registration Requirements

To create an account on the Platform, you must:

• Be at least 18 years old, or if between 13 and 17 years old, have the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf
• Provide a valid email address that you have the right to use and access
• Choose a username that is not offensive, misleading, or in violation of any third-party rights
• Create a secure password that meets our minimum security requirements (at least 8 characters)
• Optionally provide your zip code or location information to enable location-based features
• Agree to these Terms of Service and our Privacy Policy
• For paid subscriptions (Community User or Local Business), complete the payment process as described in Section 6

Account Information Accuracy: You represent and warrant that all information provided during registration is accurate, current, and complete. You agree to update your account information promptly if any changes occur. Providing false, inaccurate, or incomplete information may result in immediate suspension or termination of your account.

Username Restrictions: Usernames must not: (a) impersonate or misrepresent affiliation with any person or entity, including Home Gardener; (b) violate any third-party rights, including intellectual property rights; (c) be offensive, obscene, or inappropriate; (d) contain profanity or hate speech; (e) be misleading or deceptive; or (f) violate any applicable laws or regulations. Home Gardener reserves the right to reject, modify, or require changes to any username that violates these restrictions.

2.3 Account Security and Responsibility

Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your username, password, and any other authentication information. You agree to: (a) use a strong, unique password that is not used for any other account or service; (b) not share your account credentials with any third party; (c) immediately notify us at admin@homegardener.club if you suspect any unauthorized access to or use of your account; (d) log out of your account when using shared or public devices; and (e) take all reasonable precautions to protect your account from unauthorized access.

Account Activity: You accept full responsibility for all activities that occur under your account, whether authorized by you or not. This includes, but is not limited to: (a) all content posted, uploaded, or transmitted through your account; (b) all transactions initiated through your account; (c) all communications sent from your account; and (d) all actions taken using your account credentials. You agree that Home Gardener is not liable for any loss or damage arising from your failure to protect your account information or from unauthorized access to your account.

Multiple Accounts: Each user is permitted to maintain only one account on the Platform. Creating multiple accounts, using multiple email addresses to create separate accounts, or attempting to circumvent Platform restrictions through multiple accounts is strictly prohibited and may result in immediate termination of all associated accounts.

Account Transfer: You may not transfer, sell, assign, or otherwise dispose of your account or any rights associated with your account to any third party without the express written consent of Home Gardener. Any attempt to transfer your account without authorization is void and may result in immediate account termination.

2.4 Account Suspension and Termination

Grounds for Suspension or Termination: Home Gardener reserves the right to suspend or terminate your account immediately, with or without prior notice, for any reason, including but not limited to: (a) violation of these Terms or any applicable laws or regulations; (b) providing false, inaccurate, or incomplete information during registration or at any time thereafter; (c) fraudulent, abusive, or illegal activity; (d) failure to pay subscription fees when due (for paid accounts); (e) extended periods of inactivity; (f) request by law enforcement or other government agencies; (g) discontinuance or material modification of the Platform; or (h) any other reason in our sole discretion.

Effect of Suspension: If your account is suspended, you will lose access to all Platform features and your account data may be temporarily inaccessible. During suspension, you may not create a new account or attempt to access the Platform through any other means. Suspension may be temporary or permanent, at our sole discretion.

Effect of Termination: Upon termination of your account: (a) your right to access and use the Platform will immediately cease; (b) you will lose access to all Platform features and your account data; (c) we may delete or deactivate your account and associated data in accordance with our Privacy Policy; (d) any saved content, including garden layouts, may be permanently deleted; (e) you will not be entitled to any refund of subscription fees except as required by applicable law; and (f) you remain responsible for any outstanding obligations, including payment obligations, that accrued prior to termination.

Appeal Process: If you believe your account was suspended or terminated in error, you may contact us at admin@homegardener.club to request review of the decision. However, Home Gardener is not obligated to reinstate any suspended or terminated account, and our decisions regarding account status are final and binding.

2.5 Account Type Changes and Upgrades

Upgrading Account Types: You may upgrade your account from Free User to Community User or Local Business at any time by completing the subscription purchase process described in Section 6. Upon successful payment, your account type will be updated immediately and you will gain access to the features associated with your new account type.

Downgrading Account Types: If you cancel your paid subscription or allow it to expire, your account will automatically revert to Free User account status, and you will lose access to paid features. Your account data, including saved garden layouts, will be retained for a period of thirty (30) days to allow for subscription renewal. After this period, we may delete or archive your account data in accordance with our Privacy Policy.

Changing Between Paid Plans: You may change from Community User to Local Business (or vice versa) by contacting us at admin@homegardener.club. Changes between paid plans may result in prorated charges or credits as determined by our billing policies. We reserve the right to modify or restrict account type changes at our sole discretion.

Master Gardener Status: Master Gardener status is separate from subscription plans and may be applied to Community User or Local Business accounts. Obtaining or losing Master Gardener status does not affect your underlying subscription plan or payment obligations.

No Refunds for Account Type Changes: Except as required by applicable law, we do not provide refunds or credits for account type changes, downgrades, or loss of access to features due to subscription expiration or cancellation. Refund policies are set forth in Section 6 ("Subscriptions, Payments, and Refunds") of these Terms.

3.1 Prohibited Content and Activities

Illegal Content: You specifically agree not to post, upload, transmit, share, promote, advertise, sell, or facilitate the sale or distribution of any content, products, or services that are illegal under applicable federal, state, local, or international law, including but not limited to:

• Illicit Drugs and Controlled Substances: Any content related to the sale, purchase, distribution, cultivation, manufacturing, or use of illegal drugs, controlled substances, or prescription medications without a valid prescription, including but not limited to marijuana (where illegal), cocaine, heroin, methamphetamine, MDMA, LSD, psilocybin mushrooms, synthetic drugs, or any other substances classified as illegal under the Controlled Substances Act or applicable state or local laws
• Drug Paraphernalia: Any content promoting, advertising, or facilitating the sale of drug paraphernalia, including but not limited to pipes, bongs, vaporizers, rolling papers, scales, or other items primarily intended for use with illegal drugs
• Prescription Medications: Any content promoting the sale, purchase, or distribution of prescription medications without a valid prescription or proper licensing, including but not limited to opioids, stimulants, or other controlled prescription drugs
• Harmful or Dangerous Substances: Any content promoting the sale, distribution, or use of substances that are harmful, toxic, or pose a danger to human health or safety
• Weapons and Firearms: Any content promoting the sale, purchase, or distribution of firearms, ammunition, explosives, or other weapons, except as may be permitted for legitimate agricultural or gardening purposes (e.g., pest control tools) and in compliance with all applicable laws
• Stolen Goods: Any content promoting the sale or distribution of stolen property, counterfeit goods, or items obtained through illegal means
• Human Trafficking or Exploitation: Any content related to human trafficking, forced labor, or exploitation of individuals
• Illegal Services: Any content promoting illegal services, including but not limited to prostitution, illegal gambling, money laundering, or fraud

Harmful or Offensive Content: You agree not to post, upload, or transmit any content that is:

• Illegal, harmful, threatening, abusive, harassing, defamatory, libelous, slanderous, or invasive of another's privacy
• Vulgar, obscene, pornographic, sexually explicit, or indecent
• Hateful, discriminatory, or promotes violence against individuals or groups based on race, ethnicity, national origin, religion, gender, sexual orientation, age, disability, or any other protected characteristic
• Racially, ethnically, or otherwise objectionable or offensive
• Promotes self-harm, suicide, or dangerous activities that could result in physical harm
• Contains graphic violence, gore, or disturbing imagery unrelated to legitimate gardening or agricultural purposes

False or Misleading Information: You agree not to post, upload, or transmit:

• False, misleading, or fraudulent information, including but not limited to false product claims, fake reviews, misrepresented qualifications, or deceptive practices
• Content that impersonates or misrepresents your identity, qualifications, or affiliations
• Misinformation or disinformation that could cause harm or mislead other users
• Content that violates truth-in-advertising laws or consumer protection regulations

3.2 Prohibited Conduct and Activities

Harassment and Abuse: You agree not to:

• Harass, bully, intimidate, threaten, or abuse any other user, including through direct messages, comments, posts, or any other Platform feature
• Stalk, follow, or repeatedly contact another user after they have requested that you stop
• Engage in cyberbullying, trolling, or other forms of online harassment
• Post or share private information about other users without their consent, including but not limited to addresses, phone numbers, email addresses, or other personal identifying information
• Create fake accounts or impersonate other users, public figures, or entities

Privacy Violations: You agree not to:

• Harvest, collect, scrape, or store personal information about other users without their express consent
• Use automated systems, including "robots," "spiders," "scrapers," "crawlers," or "offline readers," to access the Platform in a manner that sends more request messages than a human can reasonably produce in the same period
• Access or attempt to access another user's account without authorization
• Intercept, monitor, or attempt to intercept or monitor communications between users or between users and the Platform

Platform Security and Integrity: You agree not to:

• Interfere with or disrupt the Platform, servers, or networks connected to the Platform, including by introducing viruses, malware, worms, Trojan horses, or other harmful or destructive code
• Attempt to gain unauthorized access to the Platform, other users' accounts, computer systems, or networks connected to the Platform
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any portion of the Platform
• Remove, alter, or obscure any copyright, trademark, or other proprietary rights notices from the Platform
• Use any automated means to access the Platform or collect information from the Platform, except as expressly permitted by these Terms
• Bypass or attempt to bypass any security measures, access controls, or restrictions implemented by Home Gardener

Commercial Use Restrictions: You agree not to:

• Use the Platform for any commercial purpose without our express written authorization, except as specifically permitted for Business account holders in accordance with Section 9 of these Terms
• Spam, flood, or send unsolicited commercial messages to other users
• Use the Platform to advertise, promote, or market products or services without proper authorization
• Engage in multi-level marketing, pyramid schemes, or other similar business models
• Use the Platform to solicit donations, investments, or financial contributions without proper authorization

3.3 Marketplace and Transaction Prohibitions

In addition to the general prohibitions above, when using the Platform's marketplace features (including Farmers Market and Local Markets), you agree not to:

• List, offer, or sell any illegal products, services, or substances, including but not limited to illicit drugs, controlled substances, prescription medications without proper authorization, or any items prohibited by applicable law
• Engage in fraudulent transactions, including but not limited to accepting payment without delivering goods, delivering goods that do not match descriptions, or misrepresenting product quality or condition
• Use the Platform to facilitate transactions involving stolen goods, counterfeit items, or items obtained through illegal means
• Violate any applicable consumer protection laws, including but not limited to truth-in-advertising requirements, product safety regulations, or fair trade practices
• Engage in price gouging, market manipulation, or other unfair business practices

3.4 Enforcement and Consequences

Violation Consequences: Violation of any provision of this Section 3 may result in immediate suspension or termination of your account, removal of content, and may subject you to civil and criminal liability. Home Gardener reserves the right to:

• Remove, edit, or disable access to any content that violates these Terms
• Suspend or terminate your account immediately, with or without notice
• Report violations to law enforcement authorities when appropriate
• Cooperate with law enforcement investigations and legal proceedings
• Take any other action we deem necessary to protect the Platform, our users, and the public

Reporting Violations: If you become aware of any violation of this Section 3, you agree to report it immediately to Home Gardener at admin@homegardener.club. We take violations seriously and will investigate all reports of prohibited conduct.

No Tolerance Policy: Home Gardener maintains a zero-tolerance policy for illegal activities, particularly those involving illicit drugs, controlled substances, or activities that pose a danger to users or the public. Any user found to be engaging in such activities will have their account immediately terminated and may be reported to appropriate law enforcement authorities.

Cooperation with Law Enforcement: You acknowledge and agree that Home Gardener may, in its sole discretion, disclose information about you and your use of the Platform to law enforcement authorities, government agencies, or other third parties if we believe such disclosure is necessary to: (a) comply with applicable laws, regulations, or legal processes; (b) respond to claims that content violates the rights of third parties; (c) protect the rights, property, or safety of Home Gardener, its users, or the public; or (d) investigate potential violations of these Terms or illegal activities.

4.1 User Content Ownership and License

Your Content: You retain all ownership rights in the content you post, upload, or otherwise make available on the Platform ("User Content"). However, by posting User Content, you grant Home Gardener a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Platform and Home Gardener's business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels.

Content Representations: You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Home Gardener to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to your User Content; (b) your User Content does not violate any third-party rights, including privacy rights, publicity rights, or intellectual property rights; and (c) your User Content does not violate any applicable laws or regulations.

4.2 Platform Content and Third-Party Materials

Platform Content: The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Home Gardener, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Third-Party Image Content: Certain images displayed on the Platform are provided by third-party licensors, including iStock. All such images are protected by copyright and other intellectual property laws. Images by iStock © iStock. All rights reserved. These images are used under license and may not be copied, reproduced, distributed, or used in any manner without the express written permission of iStock or the respective copyright owner. Any unauthorized use of these images may result in civil and criminal liability.

Limited License: Subject to your compliance with these Terms, Home Gardener grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your personal, non-commercial use only. This license does not include the right to use, copy, or distribute any third-party images, including iStock images, displayed on the Platform.

4.3 User Photo Gallery Selection and Garden Makeover Contest

Gallery Selection: Home Gardener may, from time to time, select user-submitted photos to be featured in Platform galleries, promotional materials, or other Platform features. By posting photos on the Platform, you acknowledge and agree that your photos may be selected for such use. Home Gardener reserves the right, in its sole discretion, to select which user photos are featured in galleries or used for promotional purposes. Selection decisions are made based on various factors, including but not limited to photo quality, relevance to Platform themes, community engagement, and other criteria as determined by Home Gardener.

Contest Eligibility: If your photo is selected to be featured in a Platform gallery, you will automatically be entered for a chance to win a garden makeover (the "Contest"). The specific terms, conditions, eligibility requirements, selection process, prizes, prize values, winner determination, and other details of the Contest will be set forth in a separate Contest Rules document, which will be made available when the Contest is announced. By posting photos on the Platform, you agree to be bound by any Contest Rules that may apply if your photo is selected.

No Guarantee of Selection: Home Gardener does not guarantee that any particular photo will be selected for gallery inclusion or Contest eligibility. Selection decisions are made in Home Gardener's sole discretion, and Home Gardener is not obligated to provide reasons for selection or non-selection of any particular photo.

Contest Terms: All Contest terms, including eligibility, prize details, selection criteria, and winner determination, will be governed by the Contest Rules document referenced above. This section serves as notice that gallery selection may result in Contest eligibility, but does not constitute the complete Contest Rules. You must review and agree to the Contest Rules document to be eligible for any prizes. The Contest Rules document will contain all necessary information required by applicable laws and regulations governing contests and sweepstakes.

4.4 Content Moderation

Moderation Rights: We reserve the right, but are not obligated, to review, monitor, edit, or remove User Content at any time, for any reason, without notice, at our sole discretion. We may remove or disable access to any User Content that we believe violates these Terms or is otherwise objectionable. Home Gardener does not guarantee that all User Content will be reviewed or moderated, and you remain solely responsible for your User Content.

No Obligation to Monitor: While Home Gardener may monitor User Content, we are not obligated to do so and assume no responsibility or liability for User Content or for any loss or damage resulting from User Content. You acknowledge that Home Gardener may or may not pre-screen User Content, but that Home Gardener and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Content that is available via the Platform.

5.1 DMCA Takedown Notice Requirements

Filing a Copyright Infringement Claim: If you believe that your copyrighted work has been copied, reproduced, distributed, or displayed on the Platform in a way that constitutes copyright infringement, you may submit a DMCA takedown notice to our designated Copyright Agent. To be effective, your notice must be in writing and include the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works
• 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 Home Gardener to locate the material (including, at minimum, the URL or location of such material on the Platform)
• Information reasonably sufficient to permit Home Gardener to contact you, such as your name, address, telephone number, and 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
• 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

Designated Copyright Agent: DMCA takedown notices must be sent to our designated Copyright Agent at the following address:

Response to Valid Notices: Upon receipt of a valid DMCA takedown notice that substantially complies with the requirements above, Home Gardener will: (a) promptly remove or disable access to the allegedly infringing material; (b) notify the user who posted the material that it has been removed or disabled; and (c) provide the user with a copy of the takedown notice. Home Gardener will make good faith efforts to respond to valid DMCA notices within a reasonable time, typically within 48 hours of receipt.

5.2 Counter-Notification Procedures

Filing a Counter-Notification: If you believe that material you posted on the Platform was removed or disabled as a result of mistake or misidentification, you may file a counter-notification with our Copyright Agent. To be effective, your counter-notification must be in writing and include the following:

• Your physical or electronic signature
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which Home Gardener may be found), and that you will accept service of process from the person who provided the DMCA notification or an agent of such person

Response to Counter-Notifications: Upon receipt of a valid counter-notification that substantially complies with the requirements above, Home Gardener will: (a) promptly provide the person who filed the original DMCA notice with a copy of the counter-notification; and (b) inform that person that Home Gardener will replace the removed material or cease disabling access to it within ten (10) business days. Home Gardener will replace the removed material and cease disabling access to it not less than ten (10) business days, nor more than fourteen (14) business days, following receipt of the counter-notification, unless our Copyright Agent first receives notice from the person who submitted the original DMCA notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on the Platform.

5.3 False Claims and Penalties

Penalty for False Claims: Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Home Gardener, who is injured by such misrepresentation.

Good Faith Requirement: You represent and warrant that any DMCA notice or counter-notification you submit is made in good faith and that you have a reasonable belief in the accuracy of the information contained therein. Submitting false or fraudulent DMCA notices or counter-notifications may result in civil and criminal liability, including monetary damages and criminal penalties.

5.4 Repeat Infringers

Termination Policy: In accordance with the DMCA and other applicable laws, Home Gardener will terminate, in appropriate circumstances and at our sole discretion, the accounts of users who are repeat copyright infringers. A "repeat infringer" is a user who has been notified of infringing activity more than twice and/or has had User Content removed from the Platform more than twice.

Discretionary Action: Home Gardener reserves the right to terminate accounts of users who, in our sole discretion, appear to be repeat copyright infringers, even if they have not been formally notified of infringement multiple times. We may also, in our sole discretion, limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

5.5 User Responsibilities

No Infringing Content: You agree not to post, upload, or otherwise make available on the Platform any User Content that infringes or violates any copyright, trademark, patent, trade secret, or other intellectual property rights of any third party. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize Home Gardener to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to your User Content.

Cooperation: You agree to cooperate with Home Gardener in investigating and responding to any copyright infringement claims. If you receive a notice that your User Content has been removed due to a copyright infringement claim, you agree to comply with the counter-notification procedures set forth above if you believe the removal was in error.

Indemnification: You agree to indemnify, defend, and hold harmless Home Gardener, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of any copyright or other intellectual property rights of any third party.

5.6 Other Intellectual Property Rights

Trademark and Other Rights: While this section focuses on copyright infringement under the DMCA, Home Gardener also respects trademark rights, trade secret rights, and other intellectual property rights. If you believe that your trademark or other intellectual property rights have been infringed, please contact us at admin@homegardener.club with a detailed description of the alleged infringement. We will review such claims and take appropriate action in our sole discretion.

No Legal Advice: This section provides general information about our copyright policy and DMCA procedures. It does not constitute legal advice. If you have questions about copyright law or your rights, you should consult with an attorney who specializes in intellectual property law.

6.1 Subscription Plans and Pricing

Available Plans: Home Gardener offers the following paid subscription plans:

• Community User: Ten United States Dollars ($10.00 USD) per year, billed annually in advance
• Local Business: Fifteen United States Dollars ($15.00 USD) per year, billed annually in advance
• Master Gardener: No charge (special status account, subject to application and approval as described in Section 2.1.4)

Billing Cycle: All paid subscriptions are billed annually in advance. Your subscription period begins immediately upon successful payment and continues for one (1) year from the date of purchase, unless earlier terminated in accordance with these Terms.

Currency: All subscription fees are charged in United States Dollars (USD). If you are located outside the United States, your payment method may be charged in USD, and your financial institution may apply currency conversion fees or exchange rates. Home Gardener is not responsible for any fees, charges, or exchange rates applied by your financial institution or payment processor.

Taxes: Subscription fees are exclusive of any applicable taxes, duties, or government charges. You are responsible for paying all taxes, duties, and charges applicable to your subscription in your jurisdiction. Home Gardener may collect applicable sales tax or value-added tax (VAT) where required by law.

6.2 Payment Processing and Authorization

Payment Processor: All payments are processed through Stripe, Inc. ("Stripe"), a third-party payment processor. By subscribing, you agree to Stripe's Terms of Service and Privacy Policy, which are available on Stripe's website. Home Gardener does not store your complete payment card information on our servers.

Payment Method: You must provide a valid payment method (credit card, debit card, or other accepted payment method) to subscribe to a paid plan. You agree to provide current, complete, and accurate purchase and account information for all purchases made through the Platform. You agree to promptly update your account and payment information, including your payment method and billing address, so that we can complete your transactions and contact you as needed.

Payment Authorization: By providing a payment method, you represent and warrant that: (a) you are authorized to use the payment method; (b) the payment method information you provide is accurate and complete; (c) you authorize Home Gardener (or our payment processor) to charge your payment method for all fees associated with your subscription, including initial subscription fees and automatic renewal fees; and (d) you will pay all charges incurred by your account, including applicable taxes.

Payment Security: Home Gardener uses industry-standard security measures to protect your payment information. However, you acknowledge that no method of transmission over the Internet or electronic storage is 100% secure, and we cannot guarantee absolute security of your payment information.

6.3 Automatic Renewal and Billing

Automatic Renewal: Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew for an additional one (1) year at the then-current subscription price. By subscribing, you authorize Home Gardener to automatically charge your payment method for renewal fees on the anniversary of your subscription start date.

Renewal Notice: Home Gardener will attempt to notify you via email to the address associated with your account before your subscription renews. However, you are responsible for ensuring that your email address is current and that you receive renewal notices. Failure to receive a renewal notice does not relieve you of your obligation to pay renewal fees.

Renewal Price: Your subscription will renew at the then-current subscription price for your plan, which may differ from the price you paid for your initial subscription period. Price changes are governed by Section 6.4 below.

Billing Date: Renewal charges will be processed on or around the anniversary date of your original subscription purchase. If your payment method fails on the renewal date, we may attempt to charge your payment method again within a reasonable period. You remain responsible for ensuring that your payment method is valid and has sufficient funds.

6.4 Price Changes

Right to Change Prices: Home Gardener reserves the right to change subscription fees at any time, with or without notice. Price changes may apply to new subscriptions, renewals, or both, at our sole discretion.

Notice of Price Changes: If we increase the price of your subscription plan, we will provide you with at least thirty (30) days' advance notice via email to the address associated with your account. The notice will include: (a) the new price; (b) the effective date of the price change; and (c) your right to cancel your subscription before the price change takes effect.

Effect of Price Changes: If you do not cancel your subscription before the price change becomes effective, your continued use of the Platform after the effective date constitutes your agreement to pay the new price. Price changes will apply to your next renewal period. If you cancel your subscription after a price increase takes effect but before your next renewal, you will continue to have access to paid features until the end of your current billing period, but you will not be charged the new price unless you renew.

Grandfathered Pricing: Home Gardener does not guarantee that you will be able to maintain your original subscription price indefinitely. We reserve the right to apply price changes to all subscribers, including existing subscribers, subject to the notice requirements set forth above.

6.5 Cancellation

Right to Cancel: You may cancel your subscription at any time through your account settings on the Platform or by contacting us at admin@homegardener.club. Cancellation requests must be submitted before the end of your current billing period to avoid being charged for the next renewal period.

Effect of Cancellation: When you cancel your subscription: (a) your subscription will not automatically renew at the end of your current billing period; (b) you will continue to have access to paid features until the end of your current billing period; (c) you will lose access to paid features immediately upon expiration of your current billing period; and (d) you will not be entitled to any refund for the remainder of your current billing period, except as required by applicable law.

Immediate Cancellation: If you wish to cancel your subscription immediately and lose access to paid features right away, you may contact us at admin@homegardener.club. However, you will not be entitled to any refund for the unused portion of your subscription period, except as required by applicable law.

Reactivation: If you cancel your subscription, you may reactivate it at any time by subscribing again through the Platform. Reactivation will be subject to the then-current subscription prices and terms.

6.6 Refund Policy

General Refund Policy: Subscription fees are non-refundable except as required by applicable law. We do not provide refunds or credits for: (a) partial subscription periods; (b) unused features or services; (c) dissatisfaction with the Platform or its features; (d) changes to Platform features or functionality; (e) account suspension or termination due to violation of these Terms; or (f) any other reason, except as required by applicable law.

Legal Requirements: If you are located in a jurisdiction that requires refunds for digital services (such as the European Union under certain circumstances), you may be entitled to a refund in accordance with applicable law. To request a refund under applicable law, please contact us at admin@homegardener.club with: (a) your account information; (b) the reason for your refund request; (c) supporting documentation or explanation; and (d) the legal basis for your refund claim.

Refund Processing: If a refund is approved, it will be processed to the original payment method within ten (10) to fourteen (14) business days. Refunds may take additional time to appear in your account depending on your financial institution's processing times. Home Gardener is not responsible for delays in refund processing by payment processors or financial institutions.

Chargebacks: If you dispute a charge with your payment method provider (a "chargeback"), we may suspend or terminate your account immediately. Chargebacks may result in additional fees and may affect your ability to use the Platform in the future. Instead of initiating a chargeback, please contact us at admin@homegardener.club to resolve any billing issues.

6.7 Failed Payments and Account Suspension

Failed Payment Processing: If payment fails for any reason (including but not limited to insufficient funds, expired payment method, or payment processor errors), Home Gardener may: (a) attempt to charge your payment method again; (b) suspend your subscription and access to paid features; (c) notify you of the payment failure via email; and (d) terminate your subscription if payment cannot be processed within a reasonable period.

Responsibility for Uncollected Amounts: You remain responsible for all uncollected amounts, including subscription fees, renewal fees, and any applicable taxes or fees. Home Gardener may use collection agencies or other legal means to collect unpaid amounts, and you agree to pay all costs of collection, including reasonable attorneys' fees.

Account Restoration: If your subscription is suspended due to a failed payment, you may restore your subscription by updating your payment method and successfully processing payment. Upon successful payment, your subscription will be restored, and you will regain access to paid features. However, Home Gardener does not guarantee that your account data or saved content will be preserved during a suspension period.

Grace Period: Home Gardener may, in its sole discretion, provide a grace period during which you may update your payment method and restore your subscription without losing access to paid features. However, Home Gardener is not obligated to provide any grace period, and grace periods, if provided, may vary in duration.

6.8 Payment Disputes and Errors

Billing Errors: If you believe that you have been charged incorrectly, please contact us at admin@homegardener.club within thirty (30) days of the charge. We will investigate the charge and, if we determine that an error occurred, we will issue a credit or refund as appropriate.

Dispute Resolution: If you have a dispute regarding a charge or payment, you agree to contact Home Gardener first to attempt to resolve the dispute before initiating a chargeback or taking other action. We will work with you in good faith to resolve any billing disputes.

No Refunds for Violations: If your account is terminated due to violation of these Terms, you will not be entitled to any refund, and any outstanding charges will remain due and payable.

7.1 Garden Plotter Tool

Purpose and Nature: The garden plotter tool is provided for planning and design purposes only. The tool allows users to create virtual garden layouts, plan plant placement, and visualize garden designs. Spacing recommendations, plant compatibility suggestions, layout designs, and other recommendations provided by the garden plotter are estimates based on general horticultural knowledge and should be verified with local growing conditions, soil testing, and expert advice.

No Guarantees: Home Gardener does not guarantee that: (a) spacing recommendations will be appropriate for your specific growing conditions; (b) plant compatibility suggestions will be accurate for your climate, soil type, or microclimate; (c) garden layouts will result in successful crops or yields; or (d) the tool will be error-free or continuously available.

Limitation of Liability: Home Gardener is not responsible for crop failures, poor yields, plant diseases, pest infestations, or any other losses, damages, or negative outcomes resulting from use of the garden plotter tool. You acknowledge that actual gardening results depend on numerous factors beyond the control of Home Gardener, including but not limited to: weather conditions, soil quality, pest pressure, disease presence, watering practices, fertilization, and local growing conditions.

User Responsibility: You are solely responsible for: (a) verifying all recommendations with local experts, agricultural extension services, or qualified professionals; (b) conducting appropriate soil testing and analysis; (c) considering your specific climate, microclimate, and growing conditions; (d) implementing proper gardening practices; and (e) making informed decisions about your garden based on multiple sources of information, not solely on the garden plotter tool.

7.2 Plant and Pest Directory

Educational Purpose: Information provided in plant directories and pest databases is for educational and informational purposes only. The directories include general information about plant care, growing requirements, pest identification, disease symptoms, and treatment suggestions. This information is intended to supplement, not replace, professional advice and expert consultation.

Accuracy Disclaimer: While we strive for accuracy, Home Gardener does not guarantee the completeness, correctness, timeliness, or applicability of information in the plant and pest directories. Plant care recommendations, pest identification guides, and treatment suggestions may vary based on: (a) climate and geographic location; (b) soil conditions and pH levels; (c) microclimate variations; (d) plant varieties and cultivars; (e) local pest and disease pressures; and (f) other environmental factors.

No Professional Advice: Information in the plant and pest directories does not constitute professional agricultural, horticultural, botanical, pest management, or medical advice. You should not rely solely on directory information for making decisions about plant care, pest treatment, or disease management. Always consult qualified professionals, agricultural extension services, or licensed experts for specific advice regarding your unique circumstances.

Limitation of Liability: Home Gardener is not responsible for any losses, damages, or negative outcomes resulting from reliance on information in the plant and pest directories, including but not limited to: misidentified plants or pests, incorrect treatment applications, plant damage, crop loss, or health issues resulting from improper plant handling or treatment.

7.3 Farmers Market and Local Markets

Marketplace Facilitation: Home Gardener provides a platform that facilitates connections between buyers and sellers in the Farmers Market and Local Markets sections. Home Gardener acts as a service provider that enables users to list, browse, and communicate about products and services, but Home Gardener is not a party to any transactions between users.

No Guarantees: Home Gardener does not guarantee, warrant, or endorse: (a) the quality, safety, freshness, or condition of any products listed; (b) the accuracy of product descriptions, prices, or availability; (c) the legality of products or services offered; (d) the reliability, honesty, or trustworthiness of sellers or buyers; (e) the completion of any transaction; or (f) the resolution of disputes between users.

User Responsibilities: Users are solely responsible for: (a) verifying product quality, safety, freshness, and condition before purchase; (b) ensuring that products comply with all applicable local, state, and federal laws and regulations; (c) verifying seller credentials, licenses, and compliance with applicable regulations (including food safety regulations, business licenses, and tax requirements); (d) conducting transactions in a safe and legal manner; (e) resolving disputes directly with other users; and (f) complying with all applicable laws governing the sale and purchase of goods and services.

Transaction Terms: All transactions are between users, and Home Gardener is not responsible for: (a) payment processing or payment disputes; (b) product delivery or shipping; (c) product returns or refunds; (d) warranty claims or product defects; (e) disputes between buyers and sellers; or (f) any issues arising from marketplace transactions. Users must negotiate and agree upon all transaction terms, including pricing, payment methods, delivery arrangements, return policies, and dispute resolution procedures.

Prohibited Items: Users may not list, offer, or sell any items prohibited by Section 3 of these Terms, including but not limited to: illegal products, illicit drugs, controlled substances, prescription medications without proper authorization, weapons, stolen goods, or any items that violate applicable laws or regulations.

Limitation of Liability: HOME GARDENER SHALL NOT BE LIABLE FOR ANY DISPUTES, CLAIMS, LOSSES, INJURIES, DAMAGES, OR OTHER ISSUES ARISING FROM OR RELATED TO TRANSACTIONS BETWEEN USERS IN THE FARMERS MARKET OR LOCAL MARKETS, INCLUDING BUT NOT LIMITED TO: PRODUCT QUALITY ISSUES, SAFETY CONCERNS, DELIVERY PROBLEMS, PAYMENT DISPUTES, FRAUD, OR MISREPRESENTATION.

7.4 Master Gardener Q&A

Nature of Advice: The Master Gardener Q&A section allows users to submit questions to Master Gardeners and receive responses. Advice provided by Master Gardeners is based on their personal experience, knowledge, and expertise in gardening, horticulture, and related fields. This advice reflects the individual Master Gardener's opinions, experiences, and knowledge, and may not be applicable to all situations or circumstances.

No Professional Advice: Advice provided by Master Gardeners does not constitute professional agricultural, horticultural, botanical, legal, financial, or medical advice. Master Gardeners are not licensed professionals unless they explicitly state otherwise, and their advice should not be relied upon as a substitute for professional consultation.

Limitation of Liability: Home Gardener is not responsible for: (a) the accuracy, completeness, or applicability of advice provided by Master Gardeners; (b) any losses, damages, or negative outcomes resulting from following Master Gardener advice; (c) conflicts between advice provided by different Master Gardeners; or (d) the availability or responsiveness of Master Gardeners to questions.

User Responsibility: You are solely responsible for: (a) evaluating the applicability of Master Gardener advice to your specific circumstances; (b) consulting qualified professionals for important decisions; (c) verifying advice with multiple sources; and (d) making informed decisions based on your own judgment and professional consultation.

No Guarantee of Response: Home Gardener does not guarantee that Master Gardeners will respond to questions, that responses will be timely, or that all questions will receive answers. Master Gardeners are volunteers or community members who provide advice in their discretion and are not obligated to respond to any particular question.

7.5 User Gardens and Saved Layouts

Data Storage: Garden layouts saved to your account are stored on Home Gardener's servers. We make reasonable efforts to preserve your saved garden data, but we do not guarantee that saved gardens will be permanently retained or that data will not be lost due to technical failures, system errors, security breaches, or other circumstances beyond our control.

Data Backup: You are solely responsible for maintaining backups of important garden plans and layouts. Home Gardener recommends that you export, download, or otherwise preserve copies of your important garden designs. Home Gardener is not responsible for any loss of garden data, including but not limited to: deleted gardens, corrupted files, system failures, or account termination.

Data Retention: Home Gardener may, in its sole discretion, delete or archive garden data that has been inactive for extended periods, or data associated with accounts that have been terminated or suspended. We are not obligated to retain garden data indefinitely, and we may delete data in accordance with our data retention policies and applicable law.

Export and Deletion: You may export your garden data at any time through Platform features, if available. Upon account termination or deletion, your garden data may be permanently deleted in accordance with our Privacy Policy and data retention policies. You should export your data before terminating your account if you wish to preserve it.

7.6 Local Feed and Community Features

Community Content: The Local Feed and other community features allow users to post content, share updates, and interact with other users. All content posted to community features is subject to these Terms, including Section 3 (Acceptable Use) and Section 4 (User-Generated Content).

Content Moderation: Home Gardener reserves the right to review, moderate, edit, or remove any content posted to community features in accordance with these Terms. However, Home Gardener is not obligated to review all content and does not guarantee that all inappropriate content will be removed.

User Interactions: Interactions between users in community features are between the users themselves. Home Gardener is not responsible for disputes, conflicts, or issues arising from user interactions. Users are responsible for their own conduct and communications with other users.

7.7 Feature Availability and Modifications

No Guarantee of Availability: Home Gardener does not guarantee that any particular feature or service will be available at all times, will be error-free, or will function without interruption. Features may be temporarily unavailable due to maintenance, updates, technical issues, or other reasons.

Feature Modifications: Home Gardener reserves the right to modify, update, discontinue, or remove any feature or service at any time, with or without notice. We may add new features, change existing features, or remove features in our sole discretion. Changes to features do not entitle users to refunds or credits.

Beta Features: Some features may be labeled as "beta" or "experimental" and may be subject to additional limitations, bugs, or changes. Beta features are provided "as is" and may be discontinued or modified at any time without notice.

8.1 Application and Eligibility

Eligibility Requirements: To be eligible for Master Gardener status, you must: (a) have an active Community User or Local Business account; (b) demonstrate recognized expertise in gardening, horticulture, agriculture, botany, or a related field through formal education, professional experience, certifications, or demonstrated knowledge; (c) have a history of providing helpful, accurate, and professional gardening advice (if applicable); and (d) agree to the Master Gardener terms and conditions set forth in this section.

Application Process: To apply for Master Gardener status, you must: (a) submit an application through the Platform's Master Gardener application system; (b) provide accurate and complete information about your qualifications, experience, credentials, certifications, and expertise; (c) provide any requested documentation or evidence of your qualifications; and (d) agree to the Master Gardener terms and conditions set forth in this section.

Application Review: Home Gardener will review applications in our sole discretion based on various factors, including but not limited to: qualifications, expertise, Platform history, community contributions, and community needs. We are not obligated to approve any application, and approval decisions are final and binding. Home Gardener is not required to provide reasons for approval or denial of applications.

No Guarantee of Approval: Home Gardener does not guarantee that any application for Master Gardener status will be approved. Approval is at our sole discretion, and we reserve the right to reject any application for any reason, with or without cause.

8.2 Representations and Warranties

Accuracy of Information: By applying for and accepting Master Gardener status, you represent and warrant that: (a) all information provided about your qualifications, experience, credentials, certifications, and expertise is accurate, truthful, complete, and not misleading; (b) you have the knowledge and expertise necessary to provide helpful gardening advice; (c) you have not misrepresented your qualifications or expertise; and (d) you will promptly update Home Gardener if any information about your qualifications changes.

Professional Standards: When you choose to participate in Master Gardener activities, you represent and warrant that you will: (a) maintain professional standards in all interactions with other users; (b) provide accurate and helpful advice based on your knowledge and experience when you do respond; (c) acknowledge the limitations of your knowledge and expertise; and (d) refer users to qualified professionals when appropriate.

Conflict of Interest Disclosure: You represent and warrant that you will: (a) disclose any conflicts of interest, including commercial relationships, sponsorships, partnerships, or financial interests, when providing advice; (b) not use your Master Gardener status to promote products or services without proper disclosure; (c) not accept compensation or benefits for promoting products or services without disclosing such relationships; and (d) maintain transparency about any commercial or financial relationships that may influence your advice.

8.3 Participation and Engagement Opportunities

Voluntary Participation: Master Gardener status is a voluntary program, and participation in community activities is entirely optional. Master Gardeners may choose their level of engagement based on their availability, interests, and expertise. There are no minimum participation requirements, and Master Gardeners are free to participate as much or as little as they wish.

Community Engagement Opportunities: Master Gardeners may choose to engage with the community in various ways, including but not limited to: (a) responding to questions in the Master Gardener Q&A section; (b) providing helpful, accurate, and professional advice; (c) sharing knowledge and expertise through articles, guides, and educational content; and (d) contributing to the overall quality and value of the Platform. All participation is voluntary and at the Master Gardener's discretion.

Content Quality Standards: When Master Gardeners choose to create and submit content, including articles, guides, answers, and other contributions, such content should be: (a) accurate and based on reliable sources or personal expertise; (b) helpful and relevant to the gardening community; (c) written in a professional and respectful manner; (d) properly attributed when referencing sources; and (e) compliant with all applicable laws and these Terms.

No Response Requirements: Master Gardeners are not required to respond to questions or engage with the community within any specific timeframe. Response times and engagement levels are entirely at each Master Gardener's discretion. Extended periods of inactivity will not result in revocation of Master Gardener status, though active participation is appreciated.

Code of Conduct: While participation is voluntary, Master Gardeners who choose to participate must comply with all provisions of these Terms, including but not limited to: Section 3 (Acceptable Use and User Conduct), Section 4 (User-Generated Content), and all other applicable sections. Master Gardeners are encouraged to serve as positive examples for the community when they do participate.

8.4 Compensation and Recognition

Potential Compensation: Home Gardener may, in its sole discretion, offer compensation to Master Gardeners based on their level of engagement, content contributions, and community participation. Compensation, if offered, may vary based on factors such as: (a) the quantity and quality of content created; (b) the level of community engagement and responsiveness; (c) the value and impact of contributions to the Platform; (d) the number of questions answered or articles published; and (e) other engagement metrics as determined by Home Gardener.

No Guarantee of Compensation: Home Gardener does not guarantee that any Master Gardener will receive compensation. Compensation is offered at Home Gardener's sole discretion and may be modified, suspended, or discontinued at any time, with or without notice. Master Gardener status is not a paid position, and compensation, if any, is provided as recognition for voluntary contributions, not as payment for services.

Compensation Terms: If compensation is offered, the specific terms, amounts, payment schedules, eligibility criteria, and other details will be communicated separately to eligible Master Gardeners. Compensation terms may vary among Master Gardeners and may change over time. Master Gardeners are not obligated to accept any compensation offered.

Recognition and Status: In addition to potential compensation, Master Gardeners receive recognition through their Master Gardener badge, status indicators, and enhanced profile features. This recognition is provided to all Master Gardeners regardless of engagement level or compensation eligibility.

8.5 Master Gardener Content

Content Submission: Master Gardeners may submit articles, guides, educational content, and other materials for publication on the Platform. All Master Gardener content is subject to review and approval by Home Gardener administrators before publication.

Content Review Process: Home Gardener reserves the right to: (a) review all Master Gardener content before publication; (b) edit, modify, or request revisions to content; (c) reject content that does not meet quality standards, violates these Terms, or is otherwise inappropriate; (d) remove published content at any time, with or without notice; and (e) determine, in our sole discretion, whether content is suitable for publication.

Content Standards: Master Gardener content must: (a) be accurate and based on reliable sources or expertise; (b) be relevant to gardening, horticulture, or related topics; (c) comply with all applicable laws and these Terms; (d) not infringe any third-party rights, including intellectual property rights; (e) not contain false, misleading, or deceptive information; and (f) meet quality standards as determined by Home Gardener.

Content Ownership and License: Master Gardener content is subject to the same ownership and license terms as other User Content, as set forth in Section 4.1 of these Terms. By submitting content, you grant Home Gardener the rights set forth in Section 4.1, and you represent and warrant that you have all necessary rights to grant such license.

No Guarantee of Publication: Home Gardener does not guarantee that any Master Gardener content will be published, featured, or promoted. Publication decisions are made in our sole discretion, and we are not obligated to publish any particular content.

8.6 Revocation of Master Gardener Status

Grounds for Revocation: Home Gardener reserves the right to revoke Master Gardener status at any time, with or without cause, if we determine that you have: (a) violated these Terms or any applicable laws; (b) provided false, inaccurate, or misleading information in your application or at any time thereafter; (c) engaged in unprofessional conduct or behavior that reflects poorly on the Platform; (d) misused your Master Gardener status; or (e) for any other reason in our sole discretion. Low engagement or inactivity alone will not result in revocation of Master Gardener status.

Effect of Revocation: Upon revocation of Master Gardener status: (a) your account will revert to its previous account type (Community User or Local Business); (b) you will lose access to Master Gardener-specific features; (c) your Master Gardener badge and status indicators will be removed; (d) your published Master Gardener content may be removed or modified; and (e) you may not reapply for Master Gardener status for a period determined by Home Gardener, if at all.

No Appeal Process: Decisions regarding revocation of Master Gardener status are made in Home Gardener's sole discretion and are final and binding. There is no appeal process for revocation decisions, and Home Gardener is not obligated to provide reasons for revocation.

Voluntary Resignation: You may voluntarily resign from the Master Gardener Program at any time by contacting Home Gardener at admin@homegardener.club. Upon resignation, your account will revert to its previous account type, and you will lose access to Master Gardener features.

8.7 Limitation of Liability and Disclaimers

No Professional Status: Master Gardener status does not confer any professional license, certification, or accreditation. Master Gardeners are community members with recognized expertise, but they are not necessarily licensed professionals unless they explicitly state otherwise.

Advice Disclaimer: Advice provided by Master Gardeners is based on personal experience and knowledge and does not constitute professional agricultural, horticultural, botanical, legal, financial, or medical advice. Home Gardener is not responsible for the accuracy, completeness, or applicability of Master Gardener advice, and users should consult qualified professionals for important decisions.

No Endorsement: Home Gardener does not endorse, guarantee, or warrant the qualifications, expertise, or advice of any Master Gardener. Master Gardener status is a recognition of community expertise, not an endorsement or guarantee of professional qualifications or advice quality.

Limitation of Liability: Home Gardener is not liable for any losses, damages, or negative outcomes resulting from: (a) reliance on Master Gardener advice; (b) Master Gardener content; (c) interactions with Master Gardeners; or (d) revocation or modification of Master Gardener status. Master Gardeners are independent community members, and Home Gardener is not responsible for their conduct or advice.

9.1 Eligible Business Types

Garden-Related Businesses: Business accounts are available to local small businesses that are directly related to gardening, horticulture, and agriculture, including but not limited to: (a) garden centers and nurseries; (b) farms and farm stands; (c) agricultural suppliers and seed companies; (d) landscaping services; (e) garden tool and equipment retailers; (f) composting and soil amendment suppliers; (g) plant and seed retailers; and (h) other businesses that primarily serve the gardening community.

Food-Related Local Businesses: Business accounts are also available to local small businesses in the food industry that serve the community, including but not limited to: (a) local restaurants and cafes that use locally sourced ingredients or feature garden-to-table concepts; (b) local butchers and meat shops that source from local farms; (c) confection shops, bakeries, and specialty food stores; (d) farmers markets and market vendors; (e) local food producers and artisanal food makers; (f) specialty food retailers; and (g) other local food businesses that contribute to the local food ecosystem.

Local Small Business Focus: Business accounts are intended for local, independently owned small businesses that serve their communities. Large chain stores, franchises, or national corporations may not be eligible for Business accounts, at Home Gardener's sole discretion. Home Gardener reserves the right to determine, on a case-by-case basis, whether a business qualifies as a "local small business" for purposes of Business account eligibility.

Business Verification: Home Gardener may require Business account applicants to provide documentation or information to verify: (a) business legitimacy and legal status; (b) business location and local presence; (c) business type and primary activities; and (d) compliance with applicable business licenses and regulations. Home Gardener reserves the right to reject Business account applications from businesses that do not meet our eligibility criteria or cannot provide adequate verification.

9.2 Business Account Features and Permissions

Promotional Content: Business account holders may post temporary deals, promotions, special offers, and announcements to the local feed. This allows businesses to share time-sensitive information with the local gardening and food community, such as seasonal sales, new product arrivals, special events, or limited-time offers.

Business Dashboard: Business account holders have access to a business home dashboard with tools and features designed to help manage their presence on the Platform, including: (a) analytics and insights related to business posts and engagement; (b) tools for creating and managing promotional content; (c) business profile management features; and (d) other business-specific tools as may be made available.

Business Profile: Business account holders may create and maintain an enhanced business profile that includes: (a) business information, hours of operation, and location details; (b) contact information and website links; (c) business description and specialties; (d) photos and images of products, services, or business premises; and (e) other information relevant to helping customers find and connect with the business.

Community Engagement: Business account holders may engage with the community through posts, comments, and interactions, subject to the same community guidelines and content requirements as other users. Businesses are encouraged to participate authentically in the community while sharing information about their products and services.

9.3 Commercial Content Requirements

Truth-in-Advertising: All commercial content posted by Business account holders must comply with applicable advertising laws and regulations, including but not limited to: (a) truth-in-advertising requirements; (b) Federal Trade Commission (FTC) guidelines; (c) state and local advertising regulations; and (d) any industry-specific advertising standards. Business account holders are solely responsible for ensuring their content complies with all applicable laws and regulations.

Accurate Representations: Business account holders must ensure that all content accurately represents: (a) products and services offered; (b) prices, availability, and terms of offers; (c) business qualifications, certifications, or credentials; (d) product ingredients, sourcing, or origins (for food businesses); and (e) any claims or statements made about products or services.

Disclosure Requirements: Business account holders must clearly disclose: (a) when content is promotional or advertising; (b) any material connections, sponsorships, or partnerships; (c) limitations, restrictions, or conditions on offers; (d) expiration dates for time-sensitive promotions; and (e) any other information required by applicable laws or regulations.

Food Business Specific Requirements: Food-related businesses must comply with all applicable food safety regulations, labeling requirements, and health codes. Businesses must accurately represent: (a) ingredients and allergen information; (b) sourcing and origin of ingredients; (c) preparation methods; (d) storage and handling requirements; and (e) any certifications (organic, local, etc.). Home Gardener is not responsible for verifying food safety compliance, and businesses are solely responsible for meeting all applicable requirements.

9.4 Prohibited Commercial Activities

Business account holders may not use the Platform to:

• Spam users with unsolicited commercial messages, excessive promotional content, or repetitive advertisements
• Misrepresent products, services, prices, availability, or business qualifications
• Violate any applicable consumer protection laws, advertising regulations, or industry standards
• Engage in deceptive, fraudulent, or unfair business practices
• Make false or unsubstantiated claims about products or services
• Use misleading pricing, "bait and switch" tactics, or other deceptive sales practices
• Post content that violates Section 3 of these Terms, including prohibited content such as illegal products or services
• Harass, bully, or engage in aggressive sales tactics with other users
• Collect user information for marketing purposes without proper consent and disclosure
• Use automated systems or bots to post content or interact with users

Content Moderation: Home Gardener reserves the right to review, edit, reject, or remove any commercial content that violates these Terms, applicable laws, or is otherwise inappropriate. Businesses that repeatedly violate these Terms may have their Business account suspended or terminated.

9.5 Business Account Responsibilities

Legal Compliance: Business account holders are solely responsible for: (a) obtaining all necessary business licenses and permits; (b) complying with all applicable local, state, and federal laws and regulations; (c) maintaining appropriate insurance coverage; (d) complying with tax obligations; and (e) meeting all industry-specific regulatory requirements.

Customer Relations: Business account holders are responsible for: (a) handling customer inquiries, complaints, and disputes directly; (b) fulfilling orders and delivering products or services as represented; (c) providing customer service and support; and (d) resolving any issues that arise from transactions or interactions with Platform users.

Platform Integrity: Business account holders must: (a) maintain accurate and up-to-date business information; (b) respond to user inquiries in a timely and professional manner; (c) honor promotions and offers as represented; and (d) maintain the quality and standards represented in their business profile and content.

Indemnification: Business account holders agree to indemnify, defend, and hold harmless Home Gardener, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) the business's products, services, or commercial activities; (b) the business's commercial content or advertising; (c) transactions between the business and Platform users; (d) the business's violation of these Terms or applicable laws; or (e) any harm caused by the business's products, services, or conduct.

9.6 Limitation of Home Gardener's Liability

No Endorsement: Home Gardener does not endorse, guarantee, or warrant any business, product, or service offered by Business account holders. The presence of a business on the Platform does not constitute an endorsement or recommendation by Home Gardener.

No Transaction Guarantee: Home Gardener is not a party to any transactions between Business account holders and Platform users. Home Gardener does not guarantee: (a) the quality, safety, or legality of products or services offered; (b) the accuracy of business information or content; (c) the ability of businesses to complete transactions; or (d) the resolution of disputes between businesses and users.

Limitation of Liability: HOME GARDENER SHALL NOT BE LIABLE FOR ANY DISPUTES, CLAIMS, LOSSES, INJURIES, DAMAGES, OR OTHER ISSUES ARISING FROM OR RELATED TO: (a) PRODUCTS OR SERVICES OFFERED BY BUSINESS ACCOUNT HOLDERS; (b) TRANSACTIONS BETWEEN BUSINESSES AND USERS; (c) BUSINESS CONTENT OR ADVERTISING; (d) BUSINESS COMPLIANCE WITH LAWS OR REGULATIONS; OR (e) ANY INTERACTIONS BETWEEN BUSINESSES AND PLATFORM USERS.

10.1 Information Collection and Use

Information We Collect: When you use the Platform, we collect various types of information, including: (a) account information (username, email address, password); (b) profile information (bio, location, zip code, profile images); (c) content you post (posts, comments, images, garden layouts); (d) usage data (how you interact with the Platform); (e) device information (IP address, browser type, device identifiers); and (f) payment information (processed through Stripe, not stored by Home Gardener). For complete details about the information we collect, please see our Privacy Policy.

How We Use Information: We use the information we collect to: (a) provide, maintain, and improve the Platform; (b) process transactions and manage subscriptions; (c) communicate with you about your account and the Platform; (d) personalize your experience; (e) enforce these Terms and protect Platform security; (f) comply with legal obligations; and (g) for other purposes described in our Privacy Policy.

Third-Party Services: We use third-party services (such as Stripe for payments and hosting providers) that may collect, process, or store your information. These third parties have their own privacy policies and terms of service. We are not responsible for the privacy practices of third-party services, and we encourage you to review their privacy policies.

10.2 Data Security

Security Measures: Home Gardener implements reasonable technical, administrative, and physical security measures designed to protect your personal information from unauthorized access, use, disclosure, alteration, or destruction. These measures include: (a) encryption of data in transit and at rest; (b) secure authentication systems; (c) regular security assessments; (d) access controls and employee training; and (e) other industry-standard security practices.

No Absolute Security: While we implement reasonable security measures, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data. You acknowledge that: (a) there are security and privacy limitations inherent to the Internet that are beyond our control; (b) the security, integrity, and privacy of any information you transmit to us cannot be guaranteed; and (c) any such information may be viewed or tampered with in transit by third parties.

Your Role in Security: You are responsible for maintaining the security of your account credentials, including your username and password. You agree to: (a) use a strong, unique password; (b) not share your account credentials with others; (c) log out of your account when using shared devices; (d) immediately notify us if you suspect unauthorized access; and (e) take other reasonable precautions to protect your account.

Data Breaches: In the event of a data breach that compromises your personal information, Home Gardener will comply with applicable data breach notification laws and will notify affected users as required by law. However, Home Gardener is not liable for any damages resulting from data breaches that occur despite our reasonable security measures.

10.3 Data Retention and Deletion

Retention Period: We retain your personal information for as long as necessary to: (a) provide the Platform and fulfill the purposes described in our Privacy Policy; (b) comply with legal obligations; (c) resolve disputes and enforce agreements; and (d) for other legitimate business purposes. Retention periods may vary based on the type of information and applicable legal requirements.

Account Deletion: You may request deletion of your account and associated personal data at any time by contacting us at admin@homegardener.club. Upon receiving a deletion request, we will: (a) delete or anonymize your personal information in accordance with our Privacy Policy and applicable law; (b) retain certain information as required or permitted by law (such as transaction records for tax purposes); (c) retain information necessary to resolve disputes or enforce agreements; and (d) delete your account within a reasonable time period, typically within thirty (30) days.

Backup Data: Deleted information may persist in backup systems for a period of time before being permanently deleted. We will not use backup data to restore deleted accounts or information unless required by law.

Content Retention: When you delete your account, your User Content (posts, comments, images) may be retained on the Platform if: (a) it has been shared with or viewed by other users; (b) it is necessary to maintain Platform functionality; or (c) retention is required by law. However, such content will be disassociated from your account and personal identifiers.

10.4 Your Privacy Rights

Access and Portability: You have the right to: (a) access your personal information; (b) receive a copy of your personal information in a portable format; and (c) request correction of inaccurate or incomplete information. To exercise these rights, please contact us at admin@homegardener.club.

Deletion Rights: You have the right to request deletion of your personal information, subject to certain exceptions (such as information we are required to retain for legal purposes). See Section 10.3 above for information about account deletion.

Opt-Out Rights: You may opt out of certain uses of your information, such as marketing communications, by: (a) adjusting your account settings; (b) using unsubscribe links in emails; or (c) contacting us at admin@homegardener.club. However, you may not opt out of essential communications related to your account or the Platform.

Exercising Your General Privacy Rights: To exercise any of your other privacy rights (non-CCPA), please contact us at admin@homegardener.club. We will respond to your request within a reasonable time period. We may need to verify your identity before processing certain requests.

10.5 Information Sharing and Disclosure

Public Information: Certain information you provide may be publicly visible on the Platform, including: (a) your username and profile information; (b) content you post (posts, comments, images); (c) your public profile; and (d) other information you choose to make public. You should be aware that publicly posted information can be viewed, collected, and used by others.

Service Providers: We may share your information with third-party service providers who perform services on our behalf, such as: (a) payment processors (Stripe); (b) hosting and cloud storage providers; (c) analytics services; (d) email service providers; and (e) other service providers necessary to operate the Platform. These service providers are contractually obligated to protect your information and use it only for the purposes we specify.

Legal Requirements: We may disclose your information if required by law, legal process, or government request, including: (a) to comply with subpoenas, court orders, or legal processes; (b) to respond to government requests; (c) to enforce these Terms or protect our rights; (d) to protect the safety of users or the public; or (e) as otherwise required by applicable law.

Business Transfers: In the event of a merger, acquisition, reorganization, bankruptcy, or sale of assets, your information may be transferred to the acquiring entity or successor. We will notify you of any such transfer and any changes to privacy practices.

No Sale of Personal Information: Home Gardener does not sell your personal information to third parties for their marketing purposes. We do not rent or trade your personal information.

10.6 Cookies and Tracking Technologies

Use of Cookies: The Platform uses cookies and similar tracking technologies to: (a) maintain your session and authentication; (b) remember your preferences; (c) analyze Platform usage and performance; (d) provide personalized content; and (e) improve the Platform experience. For detailed information about our use of cookies, see our Privacy Policy.

Cookie Controls: You can control cookies through your browser settings. However, disabling certain cookies may limit your ability to use some Platform features. Essential cookies are necessary for the Platform to function and cannot be disabled.

10.7 Children's Privacy

Age Requirements: The Platform is not intended for children under 13 years of age. We do not knowingly collect personal information from children under 13. If we become aware that we have collected personal information from a child under 13, we will take steps to delete such information promptly.

Parental Consent: Users between 13 and 17 years of age may use the Platform only with the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms on their behalf, as set forth in Section 1 of these Terms.

10.8 Privacy Policy Updates

Changes to Privacy Practices: We may update our Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. When we make material changes, we will notify you by: (a) posting the updated Privacy Policy on the Platform; (b) updating the "Last updated" date; and (c) sending an email notification to the address associated with your account, if the changes are material.

Continued Use: Your continued use of the Platform after Privacy Policy changes become effective constitutes your acceptance of the updated Privacy Policy. If you do not agree to the updated Privacy Policy, you must stop using the Platform and may delete your account.

11.1 No Professional Advice

Informational Purpose Only: The information provided on the Platform, including but not limited to plant care guides, pest identification guides, gardening advice, Master Gardener recommendations, garden planning tools, plant directory information, and any other content, is for informational and educational purposes only. This information is intended to supplement, not replace, professional advice and expert consultation.

Not Professional Advice: The information on the Platform does not constitute, and should not be relied upon as, professional advice of any kind, including but not limited to: (a) professional agricultural, horticultural, or botanical advice; (b) professional pest management or pesticide application advice; (c) professional soil science or agricultural extension advice; (d) professional legal, financial, or tax advice; (e) professional medical or health advice; (f) professional business or commercial advice; or (g) any other form of professional advice.

Consult Qualified Professionals: You should always seek the advice of qualified professionals regarding any specific questions, concerns, or decisions you may have. This includes consulting: (a) licensed agricultural extension agents; (b) certified Master Gardeners (through official programs); (c) licensed pest management professionals; (d) qualified soil scientists or agricultural consultants; (e) licensed attorneys for legal matters; (f) licensed financial advisors for financial matters; (g) licensed healthcare providers for health-related concerns; and (h) other qualified professionals as appropriate for your specific situation.

No Liability for Reliance: Home Gardener is not liable for any losses, damages, or negative outcomes resulting from your reliance on information provided on the Platform. You acknowledge that you are solely responsible for evaluating the applicability of any information to your specific circumstances and for making informed decisions based on professional consultation and multiple sources of information.

11.2 "As Is" and "As Available" Disclaimer

No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOME GARDENER EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES OF COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF INFORMATION
• WARRANTIES REGARDING THE QUALITY, SUITABILITY, OR AVAILABILITY OF THE PLATFORM
• WARRANTIES THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
• WARRANTIES REGARDING UNINTERRUPTED, SECURE, OR ERROR-FREE OPERATION

No Implied Warranties: Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. However, to the extent permitted by law, all implied warranties are excluded to the maximum extent possible.

11.3 No Guarantees of Platform Performance

Availability and Uptime: We do not warrant or guarantee that: (a) the Platform will be available at all times or without interruption; (b) the Platform will be accessible from all locations or devices; (c) scheduled maintenance or updates will not cause temporary unavailability; or (d) the Platform will be free from technical errors, bugs, or malfunctions.

Security: We do not warrant or guarantee that: (a) the Platform will be secure or free from security vulnerabilities; (b) unauthorized access, hacking, or data breaches will not occur; (c) your data will be protected from all security threats; or (d) the Platform is free from viruses, malware, or other harmful components.

Accuracy and Reliability: We do not warrant or guarantee that: (a) the Platform will be error-free or that defects will be corrected; (b) information on the Platform will be accurate, complete, or up-to-date; (c) the results obtained from using the Platform will be accurate or reliable; or (d) the Platform will meet your specific requirements or expectations.

Content Quality: We do not warrant or guarantee that: (a) User Content will be accurate, reliable, or appropriate; (b) Master Gardener advice will be correct or applicable to your situation; (c) plant or pest information will be complete or current; or (d) any content on the Platform will be suitable for your purposes.

11.4 Third-Party Content and Links

Third-Party Websites: The Platform may contain links to third-party websites, resources, or services that are not owned or controlled by Home Gardener. These links are provided for your convenience only and do not constitute an endorsement, sponsorship, or recommendation by Home Gardener of the third-party website, resource, or service.

No Responsibility for Third-Party Content: Home Gardener is not responsible for: (a) the availability, accuracy, or content of third-party websites or resources; (b) the privacy practices of third-party websites; (c) the terms of service or privacy policies of third-party websites; (d) any products, services, or content offered by third parties; or (e) any transactions or interactions between you and third parties.

Third-Party Services: The Platform may integrate with or use third-party services (such as Stripe for payments, hosting providers, analytics services, etc.). Home Gardener is not responsible for: (a) the availability, performance, or reliability of third-party services; (b) any errors, failures, or interruptions in third-party services; (c) the privacy practices or data handling of third-party service providers; or (d) any issues arising from your use of third-party services.

Your Interactions with Third Parties: Any interactions, transactions, or relationships you have with third parties (including other Platform users, businesses, or third-party service providers) are solely between you and the third party. Home Gardener is not a party to such interactions and is not responsible for any disputes, losses, or damages arising from such interactions.

Use at Your Own Risk: Your use of third-party websites, resources, or services is at your own risk. You should review the terms of service and privacy policies of any third-party websites or services you access through the Platform.

11.5 User Content and Community-Generated Content

No Endorsement of User Content: Home Gardener does not endorse, verify, or guarantee the accuracy, reliability, completeness, or quality of any User Content, including but not limited to: (a) posts, comments, or images shared by users; (b) advice provided by Master Gardeners; (c) information shared in community discussions; (d) product recommendations or reviews; or (e) any other content created or shared by users.

No Responsibility for User Content: Home Gardener is not responsible for: (a) the accuracy, legality, or appropriateness of User Content; (b) any harm or damage resulting from User Content; (c) any reliance on User Content; (d) any disputes or conflicts arising from User Content; or (e) any consequences of following advice or recommendations found in User Content.

Content Moderation Disclaimer: While Home Gardener may review, moderate, or remove User Content, we are not obligated to do so and do not guarantee that all inappropriate, inaccurate, or harmful content will be identified or removed. The presence of content on the Platform does not indicate that Home Gardener has reviewed, approved, or verified such content.

11.6 Jurisdictional Limitations

Legal Variations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain types of damages. Accordingly, some of the disclaimers and limitations set forth in this section may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by applicable law.

Consumer Rights: If you are a consumer in a jurisdiction that provides certain statutory warranties or consumer protections that cannot be excluded, nothing in these Terms affects those statutory rights. The disclaimers in this section apply only to the extent permitted by applicable law.

12.1 Exclusion of Consequential and Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOME GARDENER, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR:

• LOSS OF PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES
• LOSS OF GOODWILL OR REPUTATION
• LOSS OF USE, DATA, OR OTHER INTANGIBLE LOSSES
• COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION

ARISING OUT OF OR RELATING TO: (a) YOUR USE OF OR INABILITY TO USE THE PLATFORM; (b) ANY ERRORS OR OMISSIONS IN THE PLATFORM; (c) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM; OR (e) ANY OTHER MATTER RELATING TO THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF HOME GARDENER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Exclusion of Specific Types of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME GARDENER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, INCLUDING BUT NOT LIMITED TO PLANT CARE INFORMATION, PEST IDENTIFICATION, GARDENING ADVICE, OR MASTER GARDENER RECOMMENDATIONS
• PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO INJURIES FROM FOLLOWING GARDENING ADVICE, USING GARDEN PLANNING TOOLS, OR HANDLING PLANTS OR PESTICIDES
• UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN, INCLUDING DATA BREACHES, HACKING, OR SECURITY INCIDENTS
• INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, INCLUDING TECHNICAL FAILURES, SERVER DOWNTIME, OR NETWORK ISSUES
• BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY
• ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM
• USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, INCLUDING OTHER USERS, MASTER GARDENERS, OR BUSINESS ACCOUNT HOLDERS
• CROP FAILURES, POOR YIELDS, PLANT DISEASES, OR PEST INFESTATIONS RESULTING FROM USE OF THE GARDEN PLOTTER, PLANT DIRECTORY, OR OTHER PLATFORM FEATURES
• LOSS OF SAVED GARDEN LAYOUTS, DATA, OR CONTENT DUE TO TECHNICAL FAILURES, ACCOUNT TERMINATION, OR OTHER CAUSES

12.3 Complete Exclusion of Liability

No Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HOME GARDENER SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE PLATFORM.

Complete Exclusion: HOME GARDENER DISCLAIMS ALL LIABILITY FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT LIMITED TO: DIRECT DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL DAMAGES, INCIDENTAL DAMAGES, PUNITIVE DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES, OR ANY OTHER FORM OF DAMAGES, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER HOME GARDENER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

No Maximum Liability: There is no maximum liability cap. Home Gardener's liability is completely excluded to the maximum extent permitted by applicable law. This exclusion applies regardless of whether the liability arises from a single incident or a series of incidents, and regardless of the number of claims made against Home Gardener.

All Users: This complete exclusion of liability applies to all users, regardless of account type (Free User, Community User, Local Business, Master Gardener, or Administrator) or whether you have paid subscription fees.

12.4 Marketplace and Transaction Liability

No Liability for User Transactions: HOME GARDENER SHALL NOT BE LIABLE FOR ANY DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGES ARISING FROM OR RELATED TO TRANSACTIONS BETWEEN USERS IN THE FARMERS MARKET OR LOCAL MARKETS, INCLUDING BUT NOT LIMITED TO:

• PRODUCT QUALITY, SAFETY, FRESHNESS, OR CONDITION ISSUES
• PRODUCT DELIVERY, SHIPPING, OR PICKUP PROBLEMS
• PAYMENT DISPUTES OR FAILED TRANSACTIONS
• MISREPRESENTATION OF PRODUCTS OR SERVICES
• BREACH OF CONTRACT OR WARRANTY BY SELLERS OR BUYERS
• FOOD SAFETY ISSUES OR ALLERGIC REACTIONS
• PRODUCT RECALLS OR SAFETY CONCERNS
• ANY OTHER ISSUES ARISING FROM MARKETPLACE TRANSACTIONS

No Guarantee of Transactions: Home Gardener does not guarantee, warrant, or endorse any products, services, or transactions between users. All transactions are between users, and Home Gardener is not a party to such transactions.

12.5 Platform Feature Liability

Garden Plotter: HOME GARDENER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR NEGATIVE OUTCOMES RESULTING FROM USE OF THE GARDEN PLOTTER TOOL, INCLUDING BUT NOT LIMITED TO: CROP FAILURES, POOR YIELDS, PLANT DISEASES, PEST INFESTATIONS, OR ANY OTHER GARDENING-RELATED LOSSES.

Plant and Pest Directory: HOME GARDENER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR NEGATIVE OUTCOMES RESULTING FROM RELIANCE ON INFORMATION IN THE PLANT AND PEST DIRECTORY, INCLUDING BUT NOT LIMITED TO: INCORRECT PLANT IDENTIFICATION, WRONG TREATMENT RECOMMENDATIONS, OR MISIDENTIFIED PESTS OR DISEASES.

Master Gardener Advice: HOME GARDENER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR NEGATIVE OUTCOMES RESULTING FROM RELIANCE ON ADVICE PROVIDED BY MASTER GARDENERS, INCLUDING BUT NOT LIMITED TO: INCORRECT GARDENING ADVICE, INAPPROPRIATE TREATMENT RECOMMENDATIONS, OR ANY OTHER CONSEQUENCES OF FOLLOWING MASTER GARDENER ADVICE.

Saved Gardens and Data: HOME GARDENER SHALL NOT BE LIABLE FOR ANY LOSS OF SAVED GARDEN LAYOUTS, DATA, OR CONTENT, INCLUDING BUT NOT LIMITED TO: DATA LOSS DUE TO TECHNICAL FAILURES, ACCOUNT TERMINATION, SYSTEM ERRORS, OR OTHER CAUSES.

12.6 Third-Party Liability

Third-Party Services: HOME GARDENER SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR ISSUES ARISING FROM: (a) THIRD-PARTY SERVICES USED BY THE PLATFORM (SUCH AS STRIPE FOR PAYMENTS, HOSTING PROVIDERS, OR ANALYTICS SERVICES); (b) THIRD-PARTY WEBSITES OR RESOURCES LINKED FROM THE PLATFORM; (c) THIRD-PARTY CONTENT DISPLAYED ON THE PLATFORM; OR (d) ANY INTERACTIONS WITH THIRD PARTIES.

Service Provider Failures: Home Gardener is not liable for any failures, errors, or issues with third-party service providers, including but not limited to: payment processing failures, hosting outages, email delivery issues, or analytics service interruptions.

12.7 Jurisdictional Limitations

Legal Variations: Some jurisdictions do not allow the exclusion or limitation of liability for: (a) incidental or consequential damages; (b) personal injury or death; (c) fraud or gross negligence; or (d) certain other types of damages. Accordingly, some of the limitations set forth in this section may not apply to you.

Maximum Permitted Limitation: To the extent that any limitation of liability in this section is not permitted by applicable law, such limitation shall be modified to the maximum extent permitted by law, and Home Gardener's liability shall be limited to the fullest extent allowed by applicable law.

Consumer Rights: If you are a consumer in a jurisdiction that provides certain statutory rights or protections that cannot be limited or excluded, nothing in this section affects those statutory rights. The limitations in this section apply only to the extent permitted by applicable law.

12.8 Time Limitation for Claims

Statute of Limitations: Any claim you may have against Home Gardener must be brought within one (1) year from the date the claim arose, or within the time period required by applicable law, whichever is shorter. Claims brought after this time period are barred.

Waiver of Longer Limitations: To the extent permitted by law, you waive any statute of limitations that provides a longer time period for bringing claims, except where such waiver is prohibited by law.

13.1 Indemnification Obligation

Agreement to Indemnify: You agree to defend, indemnify, and hold harmless Home Gardener, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees and court costs) arising out of or relating to your violation of these Terms or your use of the Platform.

Scope of Indemnification: Your indemnification obligation applies to: (a) all claims, whether meritorious or not; (b) all damages, losses, and expenses, whether direct, indirect, consequential, or otherwise; (c) all costs of defense, including attorneys' fees and court costs; (d) all settlements and judgments; and (e) all other expenses reasonably incurred by the Indemnified Parties in connection with any claim.

13.2 Specific Indemnification Scenarios

User Content: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your User Content, including but not limited to posts, comments, images, articles, or other content you post or share; (b) any infringement of third-party rights (including copyright, trademark, privacy, or publicity rights) by your User Content; (c) any defamatory, libelous, or slanderous statements in your User Content; or (d) any other violation of law or third-party rights through your User Content.

Use of Platform Information: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your use of any information obtained from the Platform, including but not limited to plant care guides, pest identification information, gardening advice, or Master Gardener recommendations; (b) any harm, damage, or loss resulting from your reliance on Platform information; (c) any crop failures, poor yields, plant diseases, or pest infestations resulting from following Platform advice or using Platform tools; or (d) any other negative outcomes resulting from your use of Platform information or features.

Third-Party Rights Violations: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your violation of any third-party rights, including intellectual property rights (copyright, trademark, patent, trade secret), privacy rights, publicity rights, or other proprietary rights; (b) your infringement of any third-party intellectual property; (c) your unauthorized use of third-party content or materials; or (d) any other violation of third-party rights.

Marketplace Transactions: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your participation in marketplace transactions, including transactions in the Farmers Market or Local Markets; (b) any disputes, claims, or issues arising from transactions between you and other users; (c) any product quality, safety, or delivery issues related to your marketplace activities; (d) any violations of consumer protection laws or regulations in connection with your marketplace activities; or (e) any other issues arising from your marketplace participation.

Platform Tool Usage: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) any harm or damage caused by your use of the garden plotter or other Platform tools; (b) any negative outcomes resulting from garden layouts created using the garden plotter; (c) any reliance on recommendations or suggestions provided by Platform tools; or (d) any other consequences of using Platform features or tools.

Violation of Terms: You agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your violation of these Terms or any applicable laws or regulations; (b) your breach of any representation or warranty made in these Terms; (c) your fraudulent, illegal, or unauthorized use of the Platform; or (d) any other misconduct or violation of law in connection with your use of the Platform.

13.3 Defense and Control of Claims

Right to Control Defense: Home Gardener reserves the right, at its option, to assume the exclusive defense and control of any matter subject to indemnification by you. If Home Gardener assumes the defense of a claim, you agree to cooperate fully with Home Gardener in the defense of such claim and to reimburse Home Gardener for all costs and expenses incurred in connection with such defense.

Your Right to Defend: You may, at your option and expense, participate in the defense of any claim for which you are obligated to indemnify the Indemnified Parties. However, you may not settle any claim without Home Gardener's prior written consent, which consent shall not be unreasonably withheld.

Cooperation: You agree to cooperate fully with Home Gardener and the Indemnified Parties in the defense of any claim, including but not limited to: (a) providing all information and documents reasonably requested; (b) making yourself available for depositions, interviews, and testimony; (c) preserving relevant documents and evidence; and (d) taking such other actions as may be reasonably necessary for the defense of the claim.

13.4 Business Account Holder Indemnification

Additional Indemnification: If you are a Business account holder, you agree to indemnify the Indemnified Parties from and against any claims, liabilities, damages, losses, costs, or expenses arising out of or relating to: (a) your products or services offered through the Platform; (b) your commercial content, advertising, or promotional materials; (c) transactions between you and Platform users; (d) any violations of advertising laws, consumer protection laws, or business regulations; (e) any product safety issues, food safety issues, or health concerns related to your products or services; or (f) any other issues arising from your business activities on the Platform.

Business-Specific Liability: Business account holders are solely responsible for all aspects of their business operations, including product quality, safety, compliance, customer service, and fulfillment of transactions. Your indemnification obligation extends to all claims and issues related to your business activities, regardless of whether such claims are meritorious.

13.5 Survival of Indemnification

Survival After Termination: Your indemnification obligations under this section shall survive: (a) termination of your account; (b) termination of these Terms; (c) discontinuation of the Platform; and (d) any other cessation of your relationship with Home Gardener. Your obligation to indemnify the Indemnified Parties continues even after you stop using the Platform.

Continuing Obligation: Claims may arise after your account is terminated or after you stop using the Platform. Your indemnification obligation applies to all claims that arise from or relate to your use of the Platform, regardless of when such claims are made or when your account was terminated.

13.6 No Admission of Liability

Indemnification Not Admission: Home Gardener's right to indemnification under this section does not constitute an admission of liability, fault, or wrongdoing by Home Gardener. The fact that Home Gardener seeks indemnification from you does not mean that Home Gardener is liable for the underlying claim.

Separate from Liability: Your indemnification obligation is separate from and in addition to any liability limitations set forth in Section 12. Even if Home Gardener's liability is limited or excluded under Section 12, you remain obligated to indemnify the Indemnified Parties as set forth in this section.

14.1 Termination by You

Right to Terminate: You may terminate your account at any time, for any reason, by: (a) contacting us at admin@homegardener.club and requesting account deletion; (b) using account deletion features available in your account settings, if such features are provided; or (c) any other method we may make available for account termination.

Effect of Your Termination: Upon your termination of your account: (a) your right to access and use the Platform will immediately cease; (b) we may delete or deactivate your account and associated data in accordance with our Privacy Policy; (c) you will lose access to all Platform features and your saved content; (d) your User Content may be removed or retained as set forth in Section 10.3; and (e) you will not be entitled to any refund of subscription fees, except as required by applicable law.

Subscription Cancellation: If you have a paid subscription, terminating your account will also cancel your subscription. However, you may cancel your subscription without terminating your account by following the procedures set forth in Section 6.5. Cancellation of your subscription does not automatically terminate your account.

Data Export: Before terminating your account, you may export your data (such as saved garden layouts) if such export features are available. Home Gardener is not obligated to provide data export features, and you are responsible for exporting any data you wish to preserve before terminating your account.

14.2 Termination by Home Gardener

Right to Terminate: Home Gardener reserves the right to suspend or terminate your account and access to the Platform immediately, with or without prior notice, with or without cause, and with or without liability, for any reason whatsoever, including but not limited to the grounds set forth below.

Grounds for Termination: Home Gardener may suspend or terminate your account for any of the following reasons:

• Breach of Terms: Violation of any provision of these Terms, including but not limited to: prohibited content, prohibited conduct, intellectual property violations, or any other breach of these Terms
• Illegal Activity: Fraudulent, abusive, or illegal activity, including but not limited to: fraud, harassment, threats, identity theft, or any violation of applicable laws or regulations
• Payment Issues: Failure to pay subscription fees when due, failed payment processing, or any other payment-related issues (for paid accounts)
• Inactivity: Extended periods of account inactivity, as determined by Home Gardener in its sole discretion
• Law Enforcement: Request by law enforcement or other government agencies, court orders, or legal processes requiring account termination
• Platform Changes: Discontinuance or material modification of the Platform or any Platform features
• Technical Issues: Unexpected technical or security issues that require account termination
• False Information: Providing false, inaccurate, or misleading information during registration or at any time thereafter
• Account Security: Compromised account security, unauthorized access, or suspicious account activity
• Multiple Accounts: Creation or use of multiple accounts in violation of Section 2.3
• Any Other Reason: Any other reason determined by Home Gardener in its sole discretion

No Notice Required: Home Gardener is not obligated to provide notice before terminating your account, except as may be required by applicable law. Termination may occur immediately and without warning.

No Liability for Termination: Home Gardener shall not be liable to you or any third party for any termination of your account or access to the Platform, regardless of the reason for termination.

14.3 Suspension vs. Termination

Suspension: Home Gardener may suspend your account temporarily, which means: (a) you will lose access to Platform features during the suspension period; (b) your account data may be temporarily inaccessible; (c) you may not create a new account or access the Platform through other means during suspension; and (d) suspension may be lifted if the underlying issue is resolved, at Home Gardener's sole discretion.

Termination: Termination is permanent and means: (a) your account is permanently closed; (b) you lose all access to Platform features; (c) your account data may be permanently deleted; and (d) you may not create a new account without Home Gardener's express permission, which may be denied.

Conversion to Termination: A suspended account may be converted to a terminated account if: (a) the underlying issue is not resolved within a reasonable time; (b) you violate these Terms during the suspension period; or (c) Home Gardener determines, in its sole discretion, that termination is appropriate.

14.4 Effect of Termination

Cessation of Rights: Upon termination of your account, all rights granted to you under these Terms will immediately cease, including but not limited to: (a) the right to access and use the Platform; (b) the right to post content or interact with other users; (c) the right to use Platform features and tools; (d) the right to access your account data or saved content; and (e) any other rights or privileges associated with your account.

Data Deletion: Upon termination, Home Gardener may delete or deactivate your account and associated data in accordance with our Privacy Policy and data retention policies. Deleted data may not be recoverable. However, certain information may be retained as required or permitted by law, including but not limited to: (a) transaction records for tax or legal purposes; (b) information necessary to resolve disputes or enforce agreements; (c) information required by law enforcement or regulatory agencies; and (d) anonymized or aggregated data that does not identify you.

Content Removal: Upon termination, your User Content may be: (a) removed from the Platform; (b) retained but disassociated from your account and personal identifiers; (c) retained if necessary for Platform functionality or legal compliance; or (d) handled in accordance with our Privacy Policy and these Terms.

Outstanding Obligations: Termination does not relieve you of any outstanding obligations, including but not limited to: (a) payment obligations for subscription fees incurred before termination; (b) indemnification obligations under Section 13; (c) obligations to comply with surviving provisions of these Terms; and (d) any other obligations that accrued prior to termination.

No Refund: Except as required by applicable law, you will not be entitled to any refund of subscription fees upon termination, regardless of whether termination is initiated by you or by Home Gardener.

14.5 Surviving Provisions

Provisions That Survive: The following provisions of these Terms shall survive termination of your account and these Terms:

• Section 4 (User-Generated Content and Intellectual Property Rights) - regarding ownership and license of User Content
• Section 11 (Disclaimers of Warranties) - regarding warranty disclaimers
• Section 12 (Limitation of Liability) - regarding liability limitations
• Section 13 (Indemnification) - regarding your indemnification obligations
• Section 15 (Dispute Resolution and Arbitration) - regarding dispute resolution procedures
• Section 17 (Governing Law and Jurisdiction) - regarding applicable law and jurisdiction
• Any other provisions that by their nature are intended to survive termination

Continuing Obligations: Your obligations under surviving provisions continue even after your account is terminated. For example, you remain obligated to indemnify Home Gardener for claims arising from your use of the Platform, even after termination.

14.6 Reinstatement and Appeals

No Right to Reinstatement: Home Gardener is not obligated to reinstate any suspended or terminated account. Reinstatement, if granted, is at Home Gardener's sole discretion.

Appeal Process: If you believe your account was suspended or terminated in error, you may contact us at admin@homegardener.club to request review of the decision. However, Home Gardener is not obligated to review appeals, and our decisions regarding account status are final and binding.

No Guarantee of Review: Home Gardener does not guarantee that appeals will be reviewed, that reviews will be timely, or that accounts will be reinstated. The decision to review an appeal or reinstate an account is at Home Gardener's sole discretion.

New Account Restrictions: If your account is terminated, you may be prohibited from creating a new account. Home Gardener reserves the right to prevent terminated users from creating new accounts, and any attempt to create a new account in violation of this restriction may result in immediate termination of the new account.

15.1 Informal Dispute Resolution

Requirement to Attempt Informal Resolution: Before filing a claim, lawsuit, or arbitration proceeding against Home Gardener, you agree to first attempt to resolve the dispute informally by contacting us at admin@homegardener.club with: (a) a description of the dispute; (b) your contact information; (c) the relief you are seeking; and (d) any relevant documentation or information.

Informal Resolution Process: Upon receiving your dispute notice, Home Gardener will attempt to resolve the dispute informally by contacting you via email or other reasonable means. Both parties agree to engage in good faith efforts to resolve the dispute informally for a period of at least thirty (30) days from the date Home Gardener receives your dispute notice, unless the dispute is resolved sooner or either party determines that informal resolution is not possible.

No Obligation to Resolve: Home Gardener is not obligated to resolve disputes informally, and the informal resolution process does not guarantee that a resolution will be reached. If informal resolution is unsuccessful or not possible, the dispute will proceed to arbitration as set forth below.

15.2 Binding Arbitration

Agreement to Arbitrate: If a dispute is not resolved informally, you and Home Gardener agree to resolve any claims, disputes, or controversies relating to these Terms, the Platform, or your use of the Platform through final and binding arbitration, except as set forth in Section 15.3 below.

Arbitration Rules: The arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and Procedures (or Consumer Arbitration Rules if you are an individual consumer), or as otherwise mutually agreed by the parties. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.

Arbitrator Selection: The arbitrator will be selected in accordance with the AAA rules. The arbitrator must be a licensed attorney or retired judge with expertise in the subject matter of the dispute.

Arbitration Location: Unless otherwise agreed, the arbitration will be conducted in the jurisdiction where Home Gardener operates, or at another location mutually agreed upon by the parties.

Arbitration Procedures: The arbitration will be conducted: (a) on an individual basis only (not as a class action or representative action); (b) in accordance with the AAA rules; (c) with limited discovery as permitted by the AAA rules; and (d) with the arbitrator's decision being final and binding, subject to limited judicial review as permitted by law.

Arbitration Costs: Each party will bear its own costs and attorneys' fees, unless the arbitrator determines that a party has acted in bad faith or that applicable law requires a different allocation of costs and fees.

15.3 Exceptions to Arbitration

Injunctive Relief: Either party may bring a lawsuit in court solely for injunctive relief to: (a) stop unauthorized use or abuse of the Platform; (b) prevent intellectual property infringement; (c) prevent disclosure of confidential information; or (d) seek other equitable relief, without first engaging in the informal dispute resolution or arbitration processes described above.

Small Claims Court: Either party may bring claims in small claims court if the claims qualify for small claims court jurisdiction and are brought on an individual (non-class) basis.

Intellectual Property Claims: Claims for intellectual property infringement (copyright, trademark, patent, trade secret) may be brought in court without first engaging in arbitration, at either party's option.

15.4 Class Action and Representative Action Waiver

Individual Proceedings Only: YOU AND HOME GARDENER AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS (WHETHER IN ARBITRATION OR COURT) WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Waiver of Class Actions: You waive any right to: (a) participate in a class action lawsuit or class-wide arbitration; (b) act as a representative or private attorney general in any proceeding; (c) consolidate your claims with the claims of others; or (d) bring claims on behalf of others.

Severability: If a court or arbitrator determines that the class action waiver is unenforceable, the entire arbitration agreement may be unenforceable, and the dispute may proceed in court on a class basis, subject to your right to appeal such determination.

15.5 Jury Trial Waiver

Waiver of Jury Trial: IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND HOME GARDENER EACH WAIVE ANY RIGHT TO A JURY TRIAL. You and Home Gardener agree that any court proceedings will be conducted before a judge, not a jury.

15.6 Jurisdiction and Venue

Exclusive Jurisdiction: If a claim proceeds in court (rather than arbitration), any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction where Home Gardener operates.

Personal Jurisdiction: You hereby accept and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You waive any objection to venue or jurisdiction based on inconvenient forum or any other grounds.

15.7 Time Limitation for Claims

Statute of Limitations: Any claim you may have against Home Gardener must be brought within one (1) year from the date the claim arose, or within the time period required by applicable law, whichever is shorter. Claims brought after this time period are barred.

Waiver of Longer Limitations: To the extent permitted by law, you waive any statute of limitations that provides a longer time period for bringing claims, except where such waiver is prohibited by law.

16.1 Right to Modify Terms

Modification Rights: Home Gardener reserves the right, at its sole discretion, to modify, update, or replace these Terms at any time, with or without notice. We may make changes to reflect: (a) changes in the law or legal requirements; (b) changes to the Platform or our services; (c) changes to our business practices; or (d) for any other reason we deem necessary or appropriate.

Effective Date: Changes to these Terms become effective on the date specified in the updated Terms, or if no date is specified, immediately upon posting. The "Last updated" date at the top of these Terms indicates when the Terms were last modified.

16.2 Notice of Material Changes

Material Changes Defined: A "material change" is a change that: (a) reduces your rights or increases your responsibilities; (b) modifies fees, payment terms, or subscription pricing; (c) affects your access to or use of the Platform in a significant way; (d) changes dispute resolution procedures; (e) modifies liability limitations or indemnification obligations; or (f) makes other significant changes that affect your legal rights or obligations.

Notice Requirements: If a revision is material, Home Gardener will provide at least thirty (30) days' notice prior to the new terms taking effect. Notice may be provided by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending an email notification to the address associated with your account
• Displaying a prominent notice on the Platform when you log in or access the Platform
• Any combination of the above methods

Non-Material Changes: For non-material changes, Home Gardener may provide notice through posting the updated Terms on this page, and such changes will become effective immediately upon posting or as otherwise specified.

Determination of Materiality: What constitutes a material change will be determined by Home Gardener in its sole discretion. Home Gardener is not obligated to provide advance notice for changes that it determines are not material.

16.3 Acceptance of Modified Terms

Continued Use Constitutes Acceptance: Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the new Terms. If you do not agree to the modified Terms, you must immediately stop using the Platform and may terminate your account in accordance with Section 14.1.

No Separate Agreement Required: You do not need to separately agree to or sign the modified Terms. Your continued use of the Platform after the effective date of the changes constitutes your agreement to be bound by the modified Terms.

Objection to Changes: If you object to any changes to these Terms, your sole remedy is to stop using the Platform and terminate your account. You will not be entitled to any refund or compensation for terminating your account due to changes to these Terms, except as required by applicable law.

16.4 Review of Updated Terms

Your Responsibility to Review: You are responsible for reviewing these Terms periodically to stay informed of any changes. Home Gardener recommends that you review these Terms whenever you receive a notice of changes or at least once per year.

Current Version: The current version of these Terms is always available on this page. The "Last updated" date indicates when the Terms were last modified. You should check this page regularly to ensure you are aware of the current Terms.

Archived Versions: Home Gardener may, but is not obligated to, maintain archived versions of previous Terms. You are responsible for keeping your own records of the Terms that were in effect at the time of any particular event or transaction.

17.1 Governing Law

Applicable Law: These Terms shall be governed by and construed in accordance with the laws of the State in which Home Gardener operates, without regard to its conflict of law provisions or principles. This means that the laws of that state will apply to the interpretation, validity, and enforcement of these Terms, regardless of where you are located or where you use the Platform.

Conflict of Laws: The parties agree that the laws of the state where Home Gardener operates will govern these Terms, even if the laws of your jurisdiction would otherwise apply. Any conflict of law rules that would require application of the laws of another jurisdiction are hereby waived.

Federal Law: To the extent that federal law applies to these Terms or the Platform, federal law will govern in addition to or instead of state law, as applicable.

17.2 Jurisdiction and Venue

Exclusive Jurisdiction: Subject to the arbitration provisions in Section 15, any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in the jurisdiction where Home Gardener operates.

Personal Jurisdiction: You hereby accept and submit to the personal jurisdiction of such courts for the purpose of litigating any such action. You waive any objection to: (a) venue in such courts; (b) personal jurisdiction of such courts; (c) inconvenient forum; or (d) any other grounds for challenging jurisdiction or venue.

Waiver of Objections: You agree not to challenge the jurisdiction or venue of courts in the jurisdiction where Home Gardener operates, and you waive any right to bring claims in any other jurisdiction.

17.3 International Users

Compliance with Local Laws: If you are located outside the United States, you agree that you are responsible for compliance with any local laws that may apply to your use of the Platform, including but not limited to: (a) data protection and privacy laws; (b) import/export regulations; (c) content restrictions; (d) tax obligations; and (e) any other applicable local laws or regulations.

No Waiver of Local Laws: Nothing in these Terms waives or limits your obligations under local laws. You remain responsible for ensuring that your use of the Platform complies with all applicable laws in your jurisdiction.

Access Restrictions: Home Gardener may restrict access to the Platform in certain jurisdictions. If you access the Platform from a restricted jurisdiction, you do so at your own risk and may be in violation of local laws.

18.1 Force Majeure Events

Definition: "Force Majeure" means any event or circumstance beyond Home Gardener's reasonable control that prevents or delays performance under these Terms, including but not limited to:

• Natural disasters, including earthquakes, fires, floods, hurricanes, tornadoes, or other acts of God
• War, terrorism, civil unrest, riots, or acts of war
• Epidemics, pandemics, or public health emergencies
• Labor disputes, strikes, or work stoppages
• Government actions, regulations, or orders
• Interruption or failure of telecommunications or Internet services
• Failure of third-party equipment, services, or infrastructure (including hosting providers, payment processors, or network providers)
• Cyber attacks, security breaches, or hacking incidents
• Power outages or utility failures
• Other causes beyond Home Gardener's reasonable control

18.2 Effect of Force Majeure

No Liability for Force Majeure: Home Gardener shall not be liable for any failure or delay in performance under these Terms that is due to a Force Majeure event. This includes, but is not limited to: (a) Platform unavailability or downtime; (b) inability to process payments or transactions; (c) inability to provide customer support; (d) data loss or corruption; or (e) any other failure to perform obligations under these Terms.

Performance Excused: Home Gardener's obligations under these Terms are suspended during a Force Majeure event, and the time for performance is extended for the duration of the Force Majeure event, plus a reasonable period to resume operations.

Reasonable Efforts: Home Gardener will use reasonable efforts to mitigate the effects of a Force Majeure event and resume normal operations as soon as reasonably possible. However, Home Gardener is not obligated to overcome Force Majeure events or to find alternative means of performance.

18.3 Notice of Force Majeure

Notice Requirements: If a Force Majeure event affects Home Gardener's ability to perform under these Terms, Home Gardener will provide notice to users through: (a) posting a notice on the Platform; (b) sending an email to the address associated with your account, if feasible; or (c) other reasonable means of communication.

No Guarantee of Notice: Home Gardener is not obligated to provide notice of Force Majeure events, and failure to provide notice does not affect Home Gardener's rights under this section.

19.1 Severability of Invalid Provisions

Invalid or Unenforceable Provisions: If any provision of these Terms is found to be unenforceable, invalid, or illegal by a court or arbitrator of competent jurisdiction, that provision will be limited, modified, or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.

Remainder of Terms Valid: The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of the remaining provisions. The remaining provisions of these Terms will continue in full force and effect as if the invalid or unenforceable provision had never been included.

19.2 Reformation of Invalid Provisions

Replacement Provision: If a provision is found to be invalid or unenforceable, the invalid or unenforceable provision will be replaced with a valid and enforceable provision that comes closest to the intent of the original provision, as determined by a court or arbitrator.

Modification to Maximum Extent: If a provision cannot be replaced, it will be modified to the maximum extent permitted by law to make it valid and enforceable, while preserving the original intent of the provision to the greatest extent possible.

19.3 Entire Agreement Severability

No Effect on Entire Agreement: If any provision of these Terms is found to be invalid or unenforceable, it shall not affect the validity of the entire agreement between you and Home Gardener. The Terms, as modified by severing or reforming the invalid provision, shall remain the entire agreement between the parties.

20.1 Complete Agreement

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by Home Gardener on the Platform, shall constitute the entire agreement between you and Home Gardener concerning the Platform and your use of the Platform.

Supersedes Prior Agreements: This agreement supersedes all prior or contemporaneous agreements, understandings, negotiations, representations, or communications, whether written or oral, between you and Home Gardener relating to the subject matter of these Terms.

No Reliance on Prior Statements: Neither party has relied on any statement, representation, warranty, or agreement not expressly set forth in these Terms or the Privacy Policy. Any prior discussions, negotiations, or agreements are merged into and superseded by these Terms.

20.2 Incorporated Documents

Privacy Policy: The Privacy Policy is incorporated into these Terms by reference and forms part of the entire agreement between you and Home Gardener. By agreeing to these Terms, you also agree to the Privacy Policy.

Other Legal Notices: Any other legal notices, policies, or documents published by Home Gardener on the Platform and referenced in these Terms are also incorporated by reference and form part of the entire agreement.

Contest Rules: If you participate in any contests or promotions, the Contest Rules document referenced in Section 4.3 is also incorporated by reference and forms part of the agreement for that specific contest.

20.3 No Oral Modifications

Written Modifications Only: These Terms may only be modified in writing as set forth in Section 16. No oral statements, representations, or agreements can modify these Terms.

No Course of Conduct: No course of conduct or course of dealing between you and Home Gardener can modify these Terms. Only written modifications made in accordance with Section 16 are effective.

20.4 Severability in Context of Entire Agreement

Invalid Provisions: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. See Section 19 for detailed severability provisions.

21.1 No Waiver by Inaction

Failure to Enforce: No waiver by Home Gardener of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Home Gardener's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Failure to Exercise Rights: Any failure of Home Gardener to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. Home Gardener may enforce any provision of these Terms at any time, even if it has not previously enforced that provision.

21.2 Written Waivers Only

Express Written Waiver Required: Any waiver of any term or condition of these Terms must be in writing and signed by an authorized representative of Home Gardener. No oral waiver or waiver by conduct is effective.

Specific Waivers: A waiver of one provision does not constitute a waiver of any other provision. Each waiver must be specific and in writing.

21.3 Continuing Rights

Reservation of Rights: Home Gardener reserves all rights not expressly waived in writing. Home Gardener may exercise any right under these Terms at any time, even if it has not previously exercised that right or has waived that right in a specific instance.

No Estoppel: Home Gardener's failure to enforce a provision in one instance does not prevent Home Gardener from enforcing that provision in other instances or in the future.

22.1 Your Assignment Rights

No Assignment Without Consent: You may not assign or transfer these Terms, or any rights or obligations under these Terms, by operation of law or otherwise, without Home Gardener's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void and of no effect.

Consent Required: Home Gardener may, in its sole discretion, grant or withhold consent to any assignment or transfer. Home Gardener is not obligated to provide reasons for granting or withholding consent.

Account Transfer: This restriction applies to transfers of your account, rights under these Terms, or any attempt to allow another person to use your account or assume your obligations under these Terms.

22.2 Home Gardener's Assignment Rights

Free Assignment: Home Gardener may freely assign or transfer these Terms, or any rights or obligations under these Terms, without restriction and without your consent. This includes assignments in connection with: (a) mergers, acquisitions, or corporate reorganizations; (b) sales of assets or business units; (c) transfers to affiliates or subsidiaries; or (d) any other business transactions.

Notice of Assignment: Home Gardener may, but is not obligated to, provide notice of any assignment or transfer. Your continued use of the Platform after an assignment constitutes your acceptance of the assignment.

22.3 Successors and Assigns

Binding Effect: Subject to the restrictions on your assignment rights set forth above, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Successors: "Successors" includes any entity that succeeds to the business or assets of a party through merger, acquisition, reorganization, or other business transaction.

Permitted Assigns: "Permitted assigns" includes any party to whom these Terms are validly assigned in accordance with this section.

23.1 General Contact Information

Questions About Terms: If you have questions about these Terms, please contact us at:

Response Time: We will make reasonable efforts to respond to your inquiries in a timely manner, typically within five (5) to ten (10) business days. However, we do not guarantee response times or that all inquiries will receive responses.

23.2 Copyright Agent (DMCA)

DMCA Notices: For copyright infringement claims under the Digital Millennium Copyright Act (DMCA), please send notices to our designated Copyright Agent. See Section 5 for detailed DMCA procedures and requirements.

DMCA Requirements: DMCA notices must include all information required by Section 5.1 of these Terms. Incomplete or improperly formatted DMCA notices may not be processed.

23.3 Legal Notices

Formal Legal Notices: For formal legal notices, service of process, or other legal communications, please contact us at admin@homegardener.club. However, email may not be sufficient for service of process in all jurisdictions. You should consult with legal counsel regarding proper service of process procedures.

No Legal Advice: Home Gardener cannot provide legal advice. If you have legal questions or need legal advice, you should consult with a qualified attorney.

23.4 Account and Support Issues

Account Issues: For account-related issues, including: (a) account termination requests; (b) subscription cancellations; (c) billing questions; (d) password resets; or (e) other account matters, please contact us at admin@homegardener.club.

Technical Support: For technical support or Platform issues, please contact us at admin@homegardener.club. We will make reasonable efforts to assist with technical issues, but we do not guarantee that all issues can be resolved.

24.1 Your Agreement

Binding Agreement: By accessing, browsing, or using the Platform in any way, you enter into a legally binding agreement with Home Gardener. This agreement is effective immediately upon your first use of the Platform and continues for as long as you use the Platform.

No Use Without Agreement: You may not use the Platform without agreeing to these Terms. Any use of the Platform constitutes your agreement to be bound by these Terms.

24.2 Understanding and Acceptance

Read and Understand: You acknowledge that you have had the opportunity to read these Terms carefully and that you understand all provisions, including but not limited to: (a) your obligations and responsibilities; (b) Home Gardener's rights and limitations of liability; (c) dispute resolution procedures; (d) privacy and data protection practices; and (e) all other terms and conditions.

Questions: If you have any questions about these Terms, you should contact us at admin@homegardener.club before using the Platform. Your use of the Platform after having the opportunity to ask questions constitutes your acceptance of these Terms.

24.3 Consequences of Non-Agreement

No Right to Use: If you do not agree to these Terms, you have no right to use the Platform. You must immediately: (a) stop accessing or using the Platform; (b) terminate your account if you have one; and (c) delete any Platform-related applications or bookmarks from your devices.

Unauthorized Use: Use of the Platform without agreeing to these Terms constitutes unauthorized use and may violate these Terms and applicable laws.