Registration Terms of Use ("Terms of Use")

Please read these Terms of Use carefully before joining a discussion forum, creating a blog or otherwise registering on the scotts.com Web site (the "Site").

Registration

You may register as a user ("Registered User") to participate in the discussion forums or to create a blog or otherwise participate in other features offered on the Site, which may grant you additional privileges or access to restricted areas of the Site (the "Registered Features"). BY REGISTERING TO USE ONE OF THE REGISTERED FEATURES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE AND BOTH THE SITE TERMS AND CONDITIONS AND PRIVACY POLICY, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Scotts Miracle-Gro reserves the right to modify the Terms of Use at any time. Your continued use of Registered Features following any modification shall constitute your acceptance of the modification and your agreement to be bound by such modifications.

As a condition of the use of Registered Features you agree that we may contact you for the purpose of informing you of changes to these Terms of Use or describing new services available on the Site.

Passwords

You are required to select a password in connection with your registration and use of the Registered Features. You are solely responsible for the protection of the password that you use to access certain areas of the Site. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You agree to immediately notify Scotts Miracle-Gro of any unauthorized use of your password.

Content Submission

The Site permits the submission of communications and content (such as photos) by you and other users ("User Content") and the hosting, sharing, displaying, distributing and/or publishing of such User Content. You understand that such User Content may be accessed and viewed by others including the public in general and whether or not such User Content is published, Scotts Miracle-Gro does not guarantee any confidentiality with respect to any User Content. By submitting User Content, you hereby grant Scotts Miracle-Gro, its affiliates, distributors, successors and assigns the right to use, copy, display, perform, distribute, adapt, modify and promote such User Content in any medium.

You shall be solely responsible for your own User Content and the consequences of distributing or publishing it. In connection with User Content, you affirm, represent, and warrant that: (a) you own or have the necessary licenses, rights (including all intellectual property and other proprietary rights embodied by the User Content or represented by the User Content), consents, and permissions to use and authorize Scotts Miracle-Gro to use such User Content in accordance with the license granted to Scotts Miracle-Gro above and as contemplated by the Site and these Terms of Use; and (b) you have the written consent, release and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by the Site and these Terms of Use. For clarity, Scotts Miracle-Gro does not claim ownership of your User Content.

Scotts Miracle-Gro does not permit copyright infringing activities and infringement of intellectual property rights on its Site, and Scotts Miracle-Gro will remove all User Content if properly notified that such User Content infringes on another's intellectual property rights. Scotts Miracle-Gro reserves the right to remove User Content without prior notice. Scotts Miracle-Gro may also terminate a user's access to its Site if they are determined to be a repeat infringer. 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 Site more than twice.

Scotts Miracle-Gro also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, including, but not limited to, pornography, obscene or defamatory material or excessive length. Scotts Miracle-Gro may remove such User Content and/or terminate your access to the Site for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

You understand that when using the Site, you will be exposed to User Content from a variety of sources, and that Scotts Miracle-Gro is not responsible for and disclaims all liability relating to the accuracy, usefulness, appropriateness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Scotts Miracle-Gro with respect thereto.

Prohibited Uses of Site and Registered Features

You agree that you will not use the Site or the Registered Features to upload, submit, post, transmit or otherwise make available User Content:

  • that is known by you to be false, inaccurate or misleading;
  • that infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights, including without limitation rights of publicity or privacy;
  • that violates any law, statute, ordinance or regulation (including, but not limited to, consumer protection, unfair competition, anti-discrimination or false advertising);
  • that may be considered defamatory, libel, hateful, to express racial or religious bias or offense, threatening, or harassing to any person or corporation;
  • that contains chain letters or pyramid schemes;
  • contains any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities;
  • for which you were given any consideration (including, but not limited to, gifts or the chance to win a prize); or
  • that contain software viruses or other harmful computer code or that in any way interfere with or disrupt the Site or Registered Features or any servers or networks connected to or used in connection with the Site or the Registered Features.

Copyright Agent

If you believe any User Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the Web site where it is posted or the name of the book in which it has been published;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an 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; and
  • 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.

The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows: Attn: General Counsel, The Scotts Company, 14111 Scottslawn Road, Marysville, Ohio 43041. You acknowledge that if you fail to comply with all the above requirements, your notice may not be valid.

Privacy

Scotts Miracle-Gro's disclosure and use of personal information you provide when using the Site or Registered Features are described in our Privacy Policy.

Limitations and Disclaimers

THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ALL TEXT, GRAPHICS, AUDIO, VIDEO AND LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY. USE OF THE SITE AND THE INFORMATION, CONTENT, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON OR OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SCOTTS MIRACLE-GRO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. SCOTTS MIRACLE-GRO DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION, CONTENT, PRODUCTS OR MATERIALS ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE REGISTERED FEATURES WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE.

NEITHER SCOTTS MIRACLE-GRO NOR ITS SUPPLIERS OR SERVICE PROVIDERS WILL, IN ANY EVENT, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES UNDER ANY THEORY OF LAW, EVEN IF SCOTTS MIRACLE-GRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold Scotts Miracle-Gro, its officers, directors, employees, shareholders, agents, suppliers and representatives harmless from and against any and all claims, damages, losses, costs, and expenses (including attorneys' fees) that arise directly or indirectly from; (a) your breach of any provision of these Terms of Use; (b) a claim arising out of or relating to any materials or content you submit through the Site; or (c) your use of the Site or Registered Features.

Consent to Electronic Delivery of Notices

By agreeing to these Terms of Use, you consent to receive all communications, including notices, agreements, legally-required disclosures or other information in connection with these Terms of Use or your use of the Site and related features (collectively, "Notices") electronically from Scotts Miracle-Gro. You agree that Scotts Miracle-Gro may send you electronic Notices by (a) Email to an Email address you provide to Scotts Miracle-Gro for Notices, and/or (b) by posting the Notices on a main page of the Site or other Web page designated by Scotts Miracle-Gro for this purpose. You must check your designated Email address regularly for Notices from Scotts Miracle-Gro. All registrations, agreements, and terms will be completed electronically and will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing. The delivery of any Notice from Scotts Miracle-Gro is effective when sent by Scotts Miracle-Gro, regardless of whether you read the communication when you receive it. You may withdraw your consent to receive notices electronically by discontinuing your use of the Site.

Changes to Site and Termination of Accounts

Scotts Miracle-Gro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, services and features available on the Site (or any part thereof) with or without notice. You agree that Scotts Miracle-Gro shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site and/or services and features of the Site (or any part thereof).

Scotts Miracle-Gro may in its sole discretion terminate your account and your participation on the Site at any time for violation of these Terms of Use. You acknowledge and agree that upon cancellation or termination Scotts Miracle-Gro is under no obligation to continue to publish your User Content and we may immediately delete your profile and other information and bar current or future use of the Site. Scotts Miracle-Gro's proprietary rights, indemnities, releases, disclaimer of warranties, limitations of liability and jurisdiction provisions shall survive any termination of your account.

Jurisdiction

Scotts Miracle-Gro operates the Site and the Registered Features from its offices within the State of Ohio. Scotts Miracle-Gro does not imply that the content published on the Site including any User Content is legal for use outside the United States. If the Site is accessed outside the United States, you hereby acknowledge doing so on your own initiative, and are responsible for compliance with local laws. Scotts Miracle-Gro makes no representations as to the compliance of the Site or its Terms of Use with any applicable law. The Terms of Use of the Site shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. By accessing the Site you agree to submit to the jurisdiction of the State of Ohio and agree that it shall serve as the exclusive venue for any disputes relating to the Site.

Miscellaneous

Scotts Miracle-Gro reserves the right to modify or discontinue the Registered Features at any time without notice to you. You may only use the Site or Registered Features for non-commercial purposes. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Scotts Miracle-Gro without restriction. If any of these terms or conditions shall be deemed invalid or unenforceable for any reason, the remainder of these terms and conditions shall remain enforceable and unaffected thereby.