Rita’s Roots Backyard Harvest, LLC – Garden Growers Club
Terms and Conditions
Thank you for choosing the Garden Growers Club (“we,” “us,” “our”). Rita’s Roots Garden Growers Club provides live and recorded educational gardening courses; access to a community of gardeners, instructional videos, vegetable studies, and gardening information specifically geared towards the Lowcountry; and exclusive discounts as well as other features that have yet to be developed. By signing up with the Garden Growers Club, you are entering into a binding contract with Rita’s Roots Backyard Harvest, LLC (the “Company”) for value and in consideration of the features listed above (collectively, the “Service(s)”).
The following Terms and Conditions (“Agreement”) apply when you view, use, participate, or interact with the Service via our website located at https://ritasroots.com or any other application associated with the Garden Growers Club later developed. This includes social media platforms developed by the Company and mobile applications. The term “you” or “your” refers to any user or purchaser of the Services. Please review the following terms carefully. By purchasing, accessing, or using the Service, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not access or use the Service. The Service is provided by Rita’s Roots Backyard Harvest, LLC, a South Carolina limited liability company (the “Company”).
From here, Rita’s Roots Backyard Harvest, LLC, the Garden Growers Club, and you (the purchase of these Services) may be referred to individually as a “Party” and collectively as the “Parties”.
- Payments, Discounts and Refunds
Payment for the Services is a single flat fee of $349.00, unless the member has been provided with a coupon code prior to purchase. Coupons may not be used retroactively. Purchase of membership grants access to the Garden Growers Club for the calendar year in which the purchase is made. Memberships purchased in Fall of 2021 will remain active for Fall of 2021 and the entirety of 2022. Access shall expire on December 31 of each year. The Garden Growers Club does not prorate the fee for joining after the years’ Service has commenced, and cancellation of these Services will not result in any refund and does not release you from your obligations under this Agreement. Discounts shall be provided only on the terms stated in the discount. Unless stated otherwise, discounts shall not apply to services but rather informational products and products used in the gardens. Additionally, because this is an informational product, all sales are final and there shall be no refunds.
- Using Our Service
The Garden Growers Club and its content are the property of the Company. We grant you limited, non-exclusive, revocable permission to make use of the Garden Growers Club, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Garden Growers Club. By entering into this Agreement, you represent, warrant, and agree that you are using the Garden Growers Club and its content for your own personal, non-commercial use and that you will not redistribute or transfer the content of the Garden Growers Club to third-parties who are not members of the Garden Growers Club.
All of the Company’s trademarks, service marks, trade names, logos, domain names, and other features of the Company’s brand are the sole property of the Company. No right to use the Company’s brand is granted by the Company whether for commercial or non-commercial use. Except for the rights expressly granted to you in this Agreement, the Company grants no right, title, or interest to you in the Garden Growers Club or any other content produced by the Company.
- Third Party Applications Disclaimer
As part of the Service, the Company may provide you with convenient links to third-party website(s) (“Third-Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software, or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third-Party Sites and Third-Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third-Party Sites accessed through the Site or any Third-Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Sites or the Third-Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third-Party Site or Third-Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third-Party Sites or to use or install any Third-Party Applications, Software or Content, you do so at your own risk, and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the Site.
- Rights You Grant Us; Portfolio
You agree to allow the Company and the Garden Growers Club to use the Company’s garden box installations, User Content, and any other materials produced in connection with the Garden Growers Club as part of Company’s portfolio online or in any other medium at Company’s discretion. Customer hereby grants an irrevocable license to Company to use such materials created by Company for purposes of advertising except that Company agrees not to disclose otherwise confidential information of Customer.
- User Guidelines
You need to be at least 18 years old to register for and use the Service. If you are a user who signs up for the Service, you will create a personalized account which includes your email address and password to access the service and to receive messages from the Company, and a unique nickname which will identify you to the Garden Growers Club community when you post content.
You agree to notify us immediately of any unauthorized use of your password and/or your account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your username, password, nickname and/or account. Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
- Copy, redistribute, reproduce, transfer or make available to the public, any part of the Garden Growers Club Service or engage in any other act that would infringe on the intellectual property rights of the Company;
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- circumvent any technology used by the Company or any third-party to protect intellectual property of the Company;
- sell, rent, sublicense, or assign in any manner the Services;
- use the Service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s name or nickname without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, or take any action that we deem to impose or potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
You acknowledge and agree that posting any User Content that violates these guidelines (or that we reasonably believe violates these guidelines) may result in immediate termination or suspension of your account.
- User-Generated Content
When you create your own personalized account, you may be able to provide opinions, comments, or content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion. The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- you are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- you are solely responsible for safeguarding your username and password, and otherwise preventing the unauthorized access under your account by any other individual beyond those registered under your account;
- you are responsible for any transmissions under your account;
- you will not post information that is malicious, false or inaccurate;
- you will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. unless you are the owner of such rights or have the appropriate permission from the rightful owner to specifically submit such content;
- any information communicated shall be non confidential as we do not want confidential or proprietary information;
- you hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms and Conditions, remove any and/or all of your submissions, and terminate your account with or without prior notice;
- you will not compile or use other users’ personal information for marketing purposes or any list compiling data;
- you will not communicate or arrange the communication of any unsolicited or unauthorized advertisement in any form except in cooperation with the Company; and
- you will not knowingly transmit, upload, or send or allow to be transmitted, uploaded, or sent, any data or material that contains viruses, Trajan horses, worms, keystroke loggers, adware, spyware, or any other unlawful or harmful program.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST US RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE COMPANY HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
- Infringement and Reporting User Content
- Termination of Repeat Infringer Accounts. The Company respects the intellectual property rights of others and requests that users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third-party content without necessary rights and permissions.
- DMCA Take-Down Notices If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C. 512) (“DMCA”) by sending the following information in writing to the Company’s designated copyright agent at Henderson Law 6 Charlotte Street Charleston, SC 29403
- the date of your notification;
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- a description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or 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.
- Counter-Notices If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- your physical or electronic signature;
- a description of the content that has been removed and the location at which the content appeared before it was removed;
- a statement that you have a good faith belief that the content was removed as a result of a mistake or a misidentification of the content; and
- your name, address, telephone number, and email address, with a statement that you consent to the jurisdiction of the U.S. District Court for the District of South Carolina and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after the receipt of the counter-notice.
- Service Limitations and Modifications
The Company will make reasonable efforts to keep the Garden Growers Club operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions.
The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Garden Growers Club, with advance notice where possible, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Garden Growers Club or any function or feature thereof.
Notwithstanding the foregoing, if you have prepaid fees to the Company for the Garden Growers Club and the Company permanently discontinues the Service prior to the end of the year, the Company will refund you the prepaid fees for the Garden Growers Club at a pro-rata basis after such discontinuation. You understand, agree, and accept that the Company will make reasonable efforts, although it has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service.
- Export Control
These terms and conditions are made subject to any restrictions concerning the export of products or technical information from the United States or other countries that may be imposed on the Parties from time to time. Each Party agrees that it will not export, directly or indirectly, any technical information acquired from the other Party under this Agreement or any products using such technical information to a location or in a manner that at the time of export requires an export license or other governmental approval, without first obtaining the written consent to do so from the appropriate agency or other governmental entity in accordance with Applicable Law.
- Term and Termination
These Terms and Conditions will continue to apply to you until terminated by either you or us and may be terminated at any time; however, you acknowledge and agree that the perpetual license granted by you in relation to User Content, is irrevocable and will therefore continue after expiration or termination of this Agreement for any reason.
The Company may terminate this Agreement or suspend your access to the Garden Growers Club at any time, including in the event of your actual or suspected unauthorized use of the Garden Growers Club, or non-compliance with this Agreement. If you or the Company terminates this Agreement, or if the Company suspends your access to the Garden Growers Club, you agree that the Company shall have no liability or responsibility to you, and the Company will not refund any amounts that you have already paid, as permitted by relevant laws.
- Warranty Disclaimer
The Service is provided “as is,” without warranty of any kind. This Service is an informational product. While we certainly believe our methods are effective for having success growing and cultivating, every environment is different, and we cannot guarantee your success.
Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the Service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from you downloading and/or use of files, information, content or other material obtained from the Service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
- Limitation of Liability
Company is not liable to you for any injuries or damage resulting from the Company’s work. This clause is intended to limit the liability of Company. In the event a claim of liability is brought by Customer, the liability is limited to direct damages only and Company will not be liable for consequential or indirect loss or damage. Additionally, the Company may recommend organic insect and disease remedies, along with organic fertilizer products, which may be harmful to pets, children, or others if ingested. It is your responsibility to take measures to avoid this harm.
- Third-Party Beneficiaries
Except as may be expressly provided or incorporated by reference herein, including, without limitation, the indemnification provisions hereof, no provision of this Agreement is intended, nor shall it be interpreted, to provide or create any third-party beneficiary rights or any other rights of any kind in any customer, affiliate, stockholder, partner, member, director, officer or employee of any party hereto or any other person or entity.
- Entire Agreement
This Agreement, together with the exhibits and schedules thereto, contain the entire understanding of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings, oral or written, with respect to such matters, which the parties acknowledge have been merged into such documents, exhibits and schedules.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Neither this Agreement nor any provisions hereof shall be modified, discharged or terminated except by an instrument in writing signed by the party against whom any waiver, change, discharge or termination is sought.
You will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Company.
You agree to fully indemnify, hold harmless, and defend Company and its owners, employees, affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arises out of or related to any breach of representation of Company contained in this agreement, any breach or violation of any covenant or other obligation or duty under this Agreement or under applicable law, or any other loss created by Company as a result of this relationship, whether or not caused by negligence of Company or any other indemnified party and whether or not the relevant claim has merit.
- Choice of Law and Venue
For purposes of any action or proceeding, all parties irrevocably submit to the jurisdiction of the courts of the State of South Carolina located in Charleston County, South Carolina for the purpose of any judicial proceeding arising out of or relating to these Terms and Conditions or any other action resulting from use of the Service, and acknowledge that the designated forum have a reasonable relation to the Terms and Conditions and the Service and to the relationship between any parties using the Service. Additionally, the terms of this Agreement shall be interpreted and governed by the State of South Carolina.
- Electronic Signature and Counterparts.
This Agreement may be executed electronically, by facsimile, or handwritten signature, all of such shall have the same force and effect as original signatures and shall be binding upon the parties. It may be executed simultaneously or in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument.
- Contact Us