Carlsbad Garden Club, Inc.

Terms of Use

Welcome to the website carlsbadgardenclub.org of Carlsbad Garden Club, Inc. (“CGC”, “our”, “we”, “We”, “us”, or “Us”).  Your use of this website and its content (“Website”) is governed by these Terms of Use (“Terms”).  Please read the Terms carefully.  These Terms are governed by the laws of the United States of America and the laws of the State of California.  If you do not agree to comply with these Terms, you are not permitted to use this Website.  These Terms do not apply to other websites that you may visit via hyperlinks on this Website, including the websites of CGC member organizations.  CGC reserves the right to modify these Terms at any time, in which case the revised Terms will appear on the Website.

Use of Site

  • The Website is intended for personal, educational, or other non-commercial use of our members and visitors.
  • All artwork, photographs, graphics, audio clips, video clips, text, and any other materials posted on this Website are subject to copyrights and trademarks, owned by CGC or other individuals, organizations and entities.
  • You are authorized to view, copy, print, and distribute documents or forms found on this website for their intended purpose only.
  • The Website may contain other proprietary notices and copyright information, the terms of which must be observed and followed.
  • Information on this Website may contain technical inaccuracies or typographical errors.  Information, including product pricing and availability, may be changed or updated without notice.
  • CGC reserves the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including without limitation, if CGC believes that customer or user conduct violates applicable law or is harmful to the interests of the organization.
  • You may not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any CGC server, or to any of the services offered on or through the Website, by hacking, password “mining”, or any other illegitimate means.
  • You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.  You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, or any other customer of CGC, including any CGC account not owned by you, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
  • You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or CGC’s systems or networks, or any systems or networks connected to the Website or to CGC.
  • You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
  • You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to CGC on or through the Website or any service offered on or through the Website.  You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  • You may not use the Website or any Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of CGC or others.

Photo Consent

  • To preserve the integrity of our Website, CGC reserves the right to monitor, regulate, and remove any and all images and photos on the Website.
  • CGC accepts photos only from the original owner of the image.  Third party images are not accepted for submission unless we have the written permission to use the photos from the original owner.
    • By submitting photos to the CGC Website, you agree to allow the organization to post your photos to the Website CGC Yelp page and on the CGC Facebook page.
    • You agree to allow CGC to view, download, print, and use photos for our personal use.  You also understand your photos may be subject to distribution among the CGC community via any digital media including the Internet, email, cell phones and by most any current and future electronic means.
    • Photos and images on this Website may not be reproduced, distributed, transmitted, transferred, displayed, published, or broadcast without the prior written permission of Carlsbad Garden Club, Inc.
    • CGC provides a Media Release Form for photos of youth under the age of 18.

Third-Party Content

  • Some of the Website content has been made available to CGC for publication on the Website by third-party individuals, organizations, and entities.  The views and opinions expressed in such third-party content do not necessarily state or reflect those of CGC, and CGC expressly disclaims any and all liability in connection with Website Content obtained from or provided by third parties.

Trademarks

  • All brand, product, service, and process names appearing on the Website are trademarks of their respective holders.  Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service or process by CGC.

Warranties

  • The content included in the Website has been compiled from a variety of sources and is subject to change without notice as are any products, programs, offerings, or technical information described in the Website.
  • CGC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Website or content, or the suitability, functionality or operation of the Website or its content.
  • CGC disclaims all warranties, express, or implied, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement with respect to these web pages and content.
  • In no event will CGC be liable for any special, indirect, incidental, or consequential damages.
  • CGC attempts at all times to ensure the integrity and the accurateness of the server materials, but makes no guarantees about correctness or accuracy.  Unauthorized additions, deletions, and alterations could be made by third parties to the server materials.  Before relying on any representation made in any of the server materials, check with the advertiser of the product or service to ensure that the information you are relying upon is correct.

Indemnity

  • You agree to defend, indemnify and hold harmless CGC, its officers, directors, employees, agents and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, expenses (including but not limited to attorney’s fees) arising from: (1) your use of and access to the Website; (2) your violation of any term of these Terms; or (3) your violation of any third party right, including without limitation any copyright, property, or privacy right.  This defense and indemnification obligation will survive these Terms and your use of the Website.

Disclaimers

  • CGC does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results.  The site and its content are delivered on an “as-is” and “as-available” basis.  All information provided on the site is subject to change without notice.  CGC cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features.  CGC disclaims all warranties, express, or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose.  CGC disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any CGC services.  You assume total responsibility for your use of the site and any linked sites.  Your sole remedy against CGC for dissatisfaction with the site or any content is to stop using the site or any such content.  This limitation of relief is a part of the bargain between the parties.
  • The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Termination

  • We reserve the right, at any time and without notice and for any reason, to suspend, cancel, or terminate (1) your right to use the Website (or any portion of the Website) or (2) the availability of the Website.

Governing Law

  • In the event of litigation, both parties agree that the Law of the State of California shall apply and both parties shall consent to the jurisdiction of said State’s courts, or in the event of diversity of citizenship, the United States District Court for the (District).  Both parties expressly waive a trial by jury.

Contact Us

Revised November 2019