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.
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.
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.
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.
You agree that you will not use the Site or the Registered Features to upload, submit, post, transmit or otherwise make available User Content:
If you believe any User Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent:
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.
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.
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).