PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY. YOUR USE OF ANY GARDENPROGEAR WEBSITE IS CONDITIONED ON YOUR ACCEPTANCE OF THESE TERMS OF USE.** Thank you for visiting gardenprogear websites. These Terms of Use (“Terms”) form a legal contract between you and gardenprogear, and govern your use of any and all websites owned or operated by gardenprogear and its related businesses (all such websites collectively referred to hereafter as “Sites” or “Site”). The terms “gardenprogear,” “we,” “our,” and “us” refer to gardenprogear and its affiliated businesses. Some Sites or certain features or functions of Sites (games, promotions, messaging, etc.) may be subject to additional terms and conditions, which will be posted on the Site (“Local Terms”), all of which are incorporated herein by reference. If any of the Terms contained herein conflict with any Local Terms presented on any particular Site, then the Local Terms shall control. You must agree to these Terms to use the Sites. By accessing or using the Sites, you agree to these Terms and the processing of your personal information in accordance with the gardenprogear Privacy Notice. If you do not agree to these Terms or the gardenprogear Privacy Notice, do not use the Sites. gardenprogear may periodically update or modify these Terms. The date of the most recent changes to these Terms is provided on these Terms. It is your responsibility to regularly review these Terms. By continuing to use the Sites after changes to these Terms, you are indicating that you agree to the modified Terms. **THE SITE IS NOT INTENDED FOR CHILDREN YOUNGER THAN 13 YEARS OLD, AND NO ONE YOUNGER THAN 13 YEARS OLD MAY PROVIDE ANY INFORMATION TO THE SITE.** **ARBITRATION NOTICE**: YOU AGREE THAT DISPUTES BETWEEN YOU AND GARDENPROGEAR WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. PLEASE SEE THE DISPUTES SECTION OF THESE TERMS FOR EXCEPTIONS TO THIS ARBITRATION NOTICE. — **gardenprogear Content** All trademarks, logos, text, graphics, video, moving images, user interfaces, visual interfaces, photographs, sounds, music, artwork, and computer code (collectively, “gardenprogear Content”), including but not limited to the design, structure, selection, coordination, expression, look-and-feel, and arrangement of such gardenprogear Content contained on the Site is owned, controlled, or licensed by gardenprogear, and is protected by unfair competition and intellectual property laws. You may not use any meta tags or other hidden text utilizing the gardenprogear name or any of our brand names or trademarks without our express written permission. Except as expressly provided in these Terms, no part of the Site and no gardenprogear Content may be copied (including by mirroring, in-line linking, or embedding), reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise, without gardenprogear’s express prior written consent. You acknowledge that any unauthorized use of any gardenprogear Content could cause irreparable harm to us and agree that in the event of any such unauthorized use, we will be entitled to an injunction in addition to any other remedies available at law or in equity. You may use information about gardenprogear products and services such as product specification sheets and similar materials that gardenprogear makes available for download from the Site, provided that you (a) do not remove any proprietary notice language on such documents or information, (b) use such information only for your own non-commercial use or to do business with us, and (c) do not copy or post such information on the internet or any networked computer, or publish in any media. — **Rules for Your Personal Use of the Sites** The Sites are strictly for your personal, noncommercial use and for conducting business with us. You may not use any automated tools, programs, algorithms, or methods, including those known as scrapers, robots, spiders, or deep-links or any similar or equivalent manual process, to access, copy, or monitor any portion of the Site or any gardenprogear Content, and you may not obtain or attempt to obtain any information through any means not specifically provided by gardenprogear. gardenprogear strictly prohibits such activity and reserves the right to take any lawful action to prevent, disrupt, or stop such activity. You may not attempt to gain unauthorized access to any part of the Sites, to any other systems or networks connected to the Site, to any gardenprogear server, or to any of the services offered on or through the Site, by hacking, by password-mining, or by any other unauthorized means. You may not attempt to penetrate or otherwise test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. Any permitted links to the Site must comply with all applicable laws, regulations, and gardenprogear policies. Additionally, you agree that you will not (a) take any action that, in our sole discretion, imposes, or may impose an unreasonably large load on our infrastructure, (b) interfere or attempt to interfere with the operation or function of the Site, or (c) bypass any measures we may use to prevent or restrict access to the Site. — **User Accounts and User Content** You may be required to register for and maintain a user account (“Account”) to access certain aspects of the Sites. You must have attained the age of legal majority in your jurisdiction to have an Account or have a parent or legal guardian control the account for you. You are prohibited from having an Account if you have previously been banned from accessing or using the Sites. You may be required to select Account credentials, including a user ID and password. gardenprogear may refuse to grant you a particular user ID for any reason. All user IDs and passwords are the property of gardenprogear and may be canceled at any time by gardenprogear without any prior notice or any liability to you or any other person. You may be required to submit certain personal information to gardenprogear, such as your name, address, phone number, and age. You agree to maintain accurate, complete, and up-to-date information in your Account. Please see the gardenprogear Privacy Notice regarding the collection of your personal information. It is your responsibility to keep your password confidential and your Account secure. You agree you are solely responsible for all activity and purchases that occur through your Account. You agree to notify gardenprogear immediately of any unauthorized use, or suspected unauthorized use, of your Account and any other breach of security. You further agree that you will not permit others, including those who have been banned from the Sites, to use your Account. gardenprogear reserves the right to terminate your Account for any reason, including any violation of these Terms. gardenprogear is not liable for any loss or damage arising from your failure to comply with the above requirements or from any losses resulting from unauthorized access to or use of your Account or the Sites. You may be liable to gardenprogear or third parties for such unauthorized access or use. Any information you post or otherwise transmit to the Sites, including any comments, feedback, data, photos, videos, questions, or suggestions (“User Content”), are considered non-confidential and non-proprietary. In other words, you waive any and all rights to claim that gardenprogear’s or any third-party’s use of your User Content violates any of your rights including but not limited to moral rights, privacy, intellectual property, publicity, or any other rights. gardenprogear does not guarantee that you will have any opportunity to edit or delete your User Content. You acknowledge that you, not gardenprogear, are solely responsible for the composition of any User Content. gardenprogear prohibits, and you agree you will refrain from, posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could incite a criminal act, give rise to civil liability, or otherwise violate any law. gardenprogear may monitor or review bulletin boards, chatrooms, discussions, postings, or transmissions in its sole discretion. However, gardenprogear has no obligation to do so and assumes no liability or responsibility arising from any User Content or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any User Content. gardenprogear may change, edit, or remove User Content at any time, for any reason, including if gardenprogear finds, in its sole discretion, User Content to be illegal, indecent, obscene, offensive, or in any way a violation of gardenprogear’s policies. gardenprogear will cooperate fully with any law enforcement authorities or any court order requesting or directing gardenprogear to disclose the identity of anyone posting User Content. Regarding your User Content, you represent and warrant that: – You are the author; – You are accurately representing your identity; – You have all rights, consents, and licenses to grant gardenprogear the rights to your User Content as described in these Terms; – You have reached the legal age of majority, or are at least 13 years old and a parent or legal guardian consents to you submitting and posting your User Content; – You are a bona fide owner and user of any gardenprogear product(s) mentioned, and your User Content reflects your honest opinion and experience with the gardenprogear product(s); – No promise of payment has been made to you for your User ::contentReference