TERMS AND CONDITIONS
THESE TERMS CONTAIN AN ARBITRATION CLAUSE, DISCLAIMERS AND LIMITATIONS OF LIABILITY. PLEASE REVIEW CAREFULLY.
On the Website, you may purchase products, such as e-books, books, planners, and shirts (“Products”).
Refunds are not available for Products.
LICENSE FOR USE OF PRODUCTS
All Products available for sale on the Website were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products. When you purchase any of the Products, you agree that you will not use any information you gain from the Products to create any product or service, whether offered for commercial or personal use, without express written consent of The Kitchen Garten. All inquiries for use of The Kitchen Garten intellectual property must be submitted to email@example.com. The Kitchen Garten reserves the right to seek equitable and compensatory relief for any violation of this term.
The Kitchen Garten has made every effort to ensure that all information on the Website has been tested for accuracy. The Kitchen Garten makes no guarantees regarding the results that you will see from using the information provided on the Website. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from The Kitchen Garten.
The Kitchen Garten disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Kitchen Garten assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
DIY TUTORIAL DISCLAIMER
From time to time, the Website may publish content with tutorials. All such tutorials have been tried and completed successfully, but results may vary from person to person. Some tutorials may include the use of tools, such as hammers, saws, or hot glue guns, which can cause injury. By voluntarily following any tutorial provided on the Website, you assume the risk of any potential injury that may result.
ESSENTIAL OIL DISCLAIMER
From time to time, the Website may discuss topics that include references to essential oils. Courtney Johnson is an affiliate for Plant Therapy and may earn commissions if you make purchases for recommended products or become a distributor under Courtney Johnson.
Information regarding use of Essential Oils is not medical advice and should not be treated as medical advice. The information regarding essential oils provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the use of essential oils or the results you may achieve by using essential oils.
You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.
From time to time, the Website will publish content with recipes. All such recipes have been tried and used successfully, but results may vary from person to person. Consult your medical professional before using any recipe if you have concerns about how you may individually react to the use of any particular recipe or ingredient. By voluntarily creating and using any recipe provided here, you assume the risk of any potential injury that may result.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. The Kitchen Garten makes no representations, warranties or guarantees. You understand that results may vary from person to person. The Kitchen Garten assumes no responsibility for errors or omissions that may appear in the Website.
USE OF THE WEBSITE
Unless otherwise stated, The Kitchen Garten owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any content from the Website;
- Reproduction or duplication of any content on the Website for commercial purposes;
- Modification of any content on the Website, unless content is specifically and expressly made available for modification;
- Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of The Kitchen Garten’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to The Kitchen Garten.
You must not use the Website in a way that causes, or may cause, damage to the Website or impairs the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without The Kitchen Garten’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without The Kitchen Garten’s express written permission.
All original materials provided by The Kitchen Garten are owned by The Kitchen Garten. Any original materials are provided for your individual use only. You are not authorized to use or transfer any of The Kitchen Garten’s intellectual property. All intellectual property remains the property of The Kitchen Garten. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. The Kitchen Garten will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Certain of the names, logos, and other materials displayed on the Website constitute The Kitchen Garten’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“Company IP”). You are not authorized to use any Company IP without The Kitchen Garten’s express consent. Ownership of Company IP remains with The Kitchen Garten and You agree not to make any claims or assertions of any other party’s ownership of Company IP.
“The Kitchen Garten” is a trademark of Courtney Johnson and is protected by United States trademark law. The Kitchen Garten’s trademarks and trade dress may not be used in connection with any product or service that is not The Kitchen Garten’s, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits The Kitchen Garten.
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by The Kitchen Garten or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
The Kitchen Garten’s trademarks and trade dress may not be used in connection with any product or service that is not The Kitchen Garten’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits The Kitchen Garten, https://thekitchengarten.com/, or the experts featured on the Website.
From time to time, the Website will legally utilize trademarks owned by third parties related to The Kitchen Garten’s services. These trademarks are the respective property of their owners.
From time to time, the Website may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with The Kitchen Garten to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.
Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, The Kitchen Garten gives its honest opinion, findings, beliefs, or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider, or party in question.
From time to time, the Website may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.
The Kitchen Garten is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for site to earn advertising fees by advertising and links to Amazon.com. As an Amazon Associate, I earn from qualifying purchases. This program utilizes cookies to track for the purposes of assigning commission on these sales.
GRANT OF RIGHTS
You grant The Kitchen Garten a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant The Kitchen Garten the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to the Website, you represent that you have the right to grant these permissions for use of such content by Website, The Kitchen Garten and The Kitchen Garten’s sublicensees.
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or The Kitchen Garten or a third party.
The Kitchen Garten reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on The Kitchen Garten’s servers; or, (iii) hosted or published on the Website. The Kitchen Garten takes no responsibility and assumes no liability for any content posted by you or any third party.
The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:
- harassment directed toward any content creator or The Kitchen Garten;
- hate speech;
- defamatory to The Kitchen Garten or any third party;
- reference illegal acts; or,
- violate the legal rights of a third party.
The Kitchen Garten’s sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.
From time to time, the Website will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on the Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to firstname.lastname@example.org and we will remove the image within 24 to 48 hours.
If you send The Kitchen Garten an email, register to use the Website or provide your email to The Kitchen Garten in any other way, you consent to receive communications from The Kitchen Garten electronically. You agree that all legal notices provided via electronic means from The Kitchen Garten satisfy any requirement for written notice.
Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. You understand that The Kitchen Garten does not perform psychological testing or background checks on the individuals who may use the Website or The Kitchen Garten’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Website or services provided on the Website. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold The Kitchen Garten harmless from any and all liability in any dispute.
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at email@example.com and we will use our best efforts to promptly remove such information from our records.
The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. The Kitchen Garten makes no representations or warranties in relation to the Website, or the information and materials provided therein.
The Kitchen Garten makes no warranty the Website will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. The Kitchen Garten is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWABLE BY LAW, THE KITCHEN GARTEN AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOT WITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.
firstname.lastname@example.org for The Kitchen Garten and to your email address.
Last updated: September 13, 2020.