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Thank you for your Internet in using the online service (the “ Service”) operated by Garden Escrow Inc. and offered through the website located at http://www.gardenescrow.com and www.gardenescrow.net These Terms of Use (“ Terms”) govern your use of the Service and the Site (collectively, the “ Network”). Please review these Terms carefully. By browsing, accessing, or using any portion of this website, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as Garden Escrow Inc. may from time to time publish. If you do not agree to any of these terms, then you are not permitted to use the Network.
  • When you register to become a Network Member, Garden Escrow Inc. collects certain personal information about you. You agree that Garden Escrow Inc. may use such information in accordance with the provisions of Garden Escrow Inc.’s Privacy Policy. You agree to provide true, accurate, current, and complete information as prompted by the member register form (and, for as long as you continue to use your Network membership, to update such information to keep it true, accurate, current, and complete).
  • The content on the Garden Escrow Inc. website, except all User Submissions (as defined below), including, without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, Interactive Features, and the like (“Content”) and the trademarks, service mark, and logos contained therein (“Marks”), are owned by or licensed to Garden Escrow Inc., subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
  • Garden Escrow Inc. will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. Garden Escrow Inc. will store all the personal information you provide on its secure servers (information relating to electronic transactions entered into via this website will be protected by encryption technology.) However, while Garden Escrow Inc. strives to protect your personal information, Garden Escrow Inc. does not ensure or warranty the security of any information you transmit, and you do so at your own risk.
  • YOU EXPRESS AGREE THAT USE OF THE GARDEN ESCROW INC. NETWORK IS AT YOUR SOLE RISK. THE NETWORK IS PROVIDE ON AN “AS IS” AND “AVAILABLE” BASIS. GARDEN ESCROW INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE NETWORK (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANT OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). GARDEN ESCROW INC. MAKES NO WARRANTY THAT THE NETWORK WILL MEET YOUR REQUIREMENTS OR THAT THE NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. GARDEN ESCROW INC. MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NETWORK, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE NETWORK, OR THAT DEFECTS IN THE NETWORK WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NETWORK IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING THEREFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE NETWORK SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. GARDEN ESCROW INC. DOES NOT WARRANTY, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE GARDEN ESCROW INC.’S WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR ANY OTHER ADVERTISING, AND GARDEN ESCROW INC. IS NOT A PARTY TO OR IN ANY WAY RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES.
  • YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL GARDEN ESCROW INC., ITS AFFILIATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, CONSULTANTS OR AGENTS BE LIABLE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITSGOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ( EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR ( OR ANYONE USING YOUR ACCOUNT’S) USE OF THE NETWORK..
  • You agree to indemnify, defend, and hold harmless Garden Escrow Inc., its affiliated companies, and their respective officers, employees, directors, shareholders, consultants and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fee) that such parties may incur as a result of or arising from you (or anyone using your account’s) use of the Network. Garden Escrow Inc. reserved the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Garden Escrow Inc.’s defense of such claim.
  • You agree that: (I) the Garden Escrow Inc. Network shall be deemed solely based in California; and (II) the Garden Escrow Inc.’s network shall be deemed a passive Network that does not give rise to personal jurisdiction over Garden Escrow Inc., either specific or general, in jurisdictions other than California. These Terms Of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Garden Escrow Inc. that arises in whole or in part from the Garden Escrow Inc.’s Network shall be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California. If any provision of these Terms of Use 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 of Use, which shall remain in full force and effect. No Waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Garden Escrow Inc. ‘s failure to assert any right or provision under the Terms of Use shall not constitute a waiver of such right or provision. Garden Escrow Inc. reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. You use of the Garden Escrow Inc.’s Network following any amendment of These Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND GARDEN ESCROW INC. AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GARDEN ESCROW INC.’S NETWORK MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  • YOU MUST BE OVER 18 YEARS OF AGE ANDCAPABLE OF ENTERING INTO THIS AGREEMENT. YOU MAKE THIS AGREEMENT VOLUNTARILY.
  • USERS OF THE GARDEN ESCROW INC. NETWORK ARE ADVISED AND ENCOURAGED TO RETAIN ALL ORIGINAL DOCUMENTS AND DATA IN CONNECTION WITH ANY TRANSACTION POSTED ON GARDEN ESCROW INC. NETWORK. USERS ARE ALSO ENCOURAGED TO PRINT COPIES OF ANY IMPORTANT DOCUMENTS, INFORMATION, REPORTS FOR YOU BY GARDEN ESCROW INC., AND TO KEEP THESE FOR YOUR PERMANENT RECORDS.
  • You agree to send and receive electronic mail, engage in conferences and chats, download and upload files, send back original documents to Garden Escrow Inc. and otherwise use this Network only as permitted by these Terms of Use, any additional policies or procedures contained in the Network from time to time, and in accordance with applicable law.
  • Garden Escrow Inc. reserves the right to terminate your access to Network at any time, without notice, for any reason whatsoever.