Terms and Conditions

for Daily Harvest Designs, LLC / My Own Edible Landscape - http://www.myownediblelandscape.com

Please read these Terms and Conditions carefully before using this Website.


TERMS AND CONDITIONS

This Website and its Content, including all Programs, Products, and Services, are owned and operated by Daily Harvest Designs, LLC (“Company”, “we”, or “us”). The term “you” refers to any viewer of our Website.

Please read these Terms and Conditions carefully.  We reserve the right to change these Terms and Conditions on this Website at any time without notice.  By using this Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them.  If you do not agree with these Terms and Conditions, please do not use our Website or its Content.

WEBSITE USE AND CONSENT

The words, design, layout, photos, images, graphics, information, documents, data, materials, databases and all other information and intellectual property accessible on or through this Website (“Content”) is our property and is protected by the United States intellectual property laws.

By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years of age and that you agree to and abide by these Terms and Conditions.  Any use by or registration by anyone under the age 18 is unauthorized, unlicensed, and in violation of these Terms and Conditions.

If you have purchased a Program, Product, Service, Program Materials, or otherwise entered into a separate agreement with us, you will also be subject to the terms of that agreement or those terms of use, which shall prevail in the event of a conflict.  Online purchases have additional Terms of Use relating to the transaction.


INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You

This Website and its Content, including our Programs, Products, and Services and all the Program Materials are our property, and are solely owned by us and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws. 

If you view, purchase or access our Website or any of its Content, you will be considered our Licensee. All content obtained through us is our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.

As a licensee, you understand and acknowledge that this Website and it Content have been developed or obtained by us through the investment of significant time, effort, expense, and that this Website and its Content are valuable, special and unique assets of our which need to be protected from improper and unauthorized use.  We clearly state that you may not use this Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.

When you view our Website or any of its Content or enroll in or purchase our Programs, Products or Services, you agree that:

  • You will not copy, duplicate or steal our Website or Content.  you understand that doing anything with our Website or its Content that is contrary to these Terms and Conditions and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the fullest extent of law.

  • You are permitted from time to time to download and/or print one free copy of resources from our Website or e-mail correspondence, e-newsletters, or other publicly shared information that are NOT a part of any paid Program, Product or Service for your own personal or business use, but only provided that you give us credit by name, keep intact all copyright and other proprietary notices and, if used electronically, you must include the link back to the Website page(s) from which the information was obtained. 

  • You may also download and/or print one copy of individual pages of Program Materials for your own personal, non-commercial use. 

  • However, you are not permitted to share, sell, reprint or republish any other of our Program Materials (whether free or paid for), including handouts, for resale or mass reproduction purposes for your own business use. 

  • You may not in any way at any time use, copy, adapt, imply or represent that our Website or its Content is yours or created by you.  By downloading, printing, or otherwise using our Website Content for personal use you in no way assume any ownership rights of the Content - it is still our property.

  • You must receive our written permission before using any of our Website Content for your own business use or before sharing with others.  This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any Website Content.  Doing so is considered stealing our work.

  • We are granting you a limited license to enjoy our Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.

  • The trademarks, taglines, and logos displayed on our Website or its Content are trademarks belonging to us, unless otherwise indicated.  All trademarks reproduced in this Website, which are not the property of, or licensed to us, are acknowledged on the Website. Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written consent, or permission granted herein. 

For those trademarks, taglines, and logos for which you are granted permission to use, the trademark indicia must be included at all times. Any marketing or promotional tools and/or Program, Product or Service titles or any other title or information of ours bearing the trademark symbols (™) or ® may not be used by you for any reason without our express written permission.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License to Us

By posting or submitting any material on or through our Website such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old. 

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website and its Content. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. 

You also grant us, and anyone authorized by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website or in our Content at any time for any reason whatsoever. 


REQUEST FOR PERMISSION TO USE CONTENT

Any request for written permission to use our Programs, Products, Services, or Program Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an e-mail to rachel@dailyharvestdesigns.com.

We very clearly state that you may not use any Content in whole or in part, in any way that is contrary to these Terms and Conditions unless we have given you specific written permission to do so. 

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. 

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.


PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK

As a Licensee, you agree that you are using your own judgment in using our Website and it Content and you agree that you are doing so at your own risk. Our website and its Content are for informational and educational purposes only. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Website and/or any of its Contents.  This Website and its Contents are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, non-actions, decisions, and results based on the use, misuse, or non-use of our Website and its Content.

We take every precaution to protect our Website. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of this Website or the contributions or information transmitted to us on or through our Website or our Programs, Products, Services, and Program Materials. Submitting contributions or information on or through our Website is done entirely at your own risk. We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Website or its Contents and you agree that you are assuming such risks.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, natural disasters, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.


DISCLAIMER

Our Website and its Contents are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Website participant or user, including you. 

Medical Disclaimer

This Website and its Contents are not to be perceived as or relied upon in any way as medical advice or mental health advice. The information provided through our Website or Content is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own physician, nurse practitioner, physician assistant, therapist, counselor, mental health practitioner, licensed dietitian or nutritionist, clinical herbalist, member of the clergy, or any other licensed or registered health care professional. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Program Materials, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider, or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly.  We are not providing herbal advice, health care, medical or nutrition therapy services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever. 

Legal and Financial Disclaimer

This Website and its Contents are not to be perceived or relied upon in any way as business, financial, or legal advice. The information provided through our Website and its Contents is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer, or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of the information presented to you through our Website and its Contents. You are solely responsible for your results.

Earnings Disclaimer

You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Website and its Contents. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our Website and its Contents and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through any of our Website and its Contents. You agree that your results are strictly your own and we are not liable or responsible in any way for your results.

Technology Disclaimer

We try to ensure that the availability and delivery of our Website and its Contents is uninterrupted and accurate, including our content and communications through any of the methods we may use, like our Website, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, member forum, private Facebook groups, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for maintenance, updates, or repairs, although, of course, we will try to limit the frequency and duration of interruption or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Website and its Contents become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website and its Contents unreachable by you.

Errors and Omissions

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Website and its Content. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law. 

Links to Other Websites

We may provide links and pointers to other websites maintained by third parties that may take you outside of our Website and its Content. These links are provided for your convenience and the inclusion of any link in our Website and its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the opinions, facts, views, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Website and its Content. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the Terms and Conditions and Privacy Policies of those linked websites to confirm that you understand and agree with those policies.

By accessing our Website and its Content or purchasing and/or using our Programs, Products, Services, or Program Materials in any way or for any reason, you also implicitly agree to our full Disclaimer which may be found on our Website.  


DISCLAIMER OF WARRANTIES

We make no warranties as to our Website or its Content.  You agree that our Website and its Content are provided “as is” and without warranties of any kind either express or implied.

Your use of this Website, its content and any services or items obtained through the Website is at your own risk.  The Website, its content and any services or items obtained through the Website are provided on an “as-is” and “as available” basis, without any warranties of any kind, either express or implied.  Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

We do not warrant that this Website or its Content will be functional, uninterrupted, correct, complete, appropriate, or error-free, or that defects will be corrected.  We do not warrant or make any representations regarding the use or the results of the use of our Website or its Content or that the Website or any Services or items obtained through the Website will otherwise meet your needs or expectations.  Neither the Company nor anyone associated with the Company represents or warrants that the Website or the server that make it available are free of viruses or other harmful components.

INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS

Indemnification

You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Website or its Content, or your breach of any obligation, warranty, representation or covenant set forth in this Terms and Conditions, the Terms of Use, or in any other agreement with us.

Limitation of Liability

We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us.  We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Website or its Content, or in any way or in any location. In the event that you use our Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility. 

Our liability will under no circumstances exceed the actual amount paid by you for any Programs, Products, Services, or Program Materials that you have purchased through this Website, nor will we under any circumstances be liable for any loss of production, work, data, use, business, goodwill, reputation, revenue or profit, any diminution in value, costs of replacement goods or services, or any consequential, incidental, special or punitive damages or losses, whether direct or indirect.

Some states to not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Release of Claims

In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.  


YOUR CONDUCT

You are agreeing that you will not use our Website or its Content in any way that causes or is likely to damage or cause the Website, Content, or access to them to be damaged, impaired, or interrupted in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us. 

You agree to only purchase goods or services for yourself of for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or its Content.  You agree to use the Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, illegal, or fraudulent purposes.

You must use the Website and its Content for lawful purposes only.  You agree that you will not use our Website and its Content in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity

  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise injure others

  • To send, negatively impact, or infect our Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not

  • To cause annoyance, inconvenience, or needless anxiety

  • To impersonate any third party or otherwise mislead as to the origin of your contributions

  • To reproduce, duplicate, copy or resell any part of our Website or its Content in a way that is not in compliance with these Terms and Conditions or any other agreement with us.


PURCHASES AND ONLINE COMMERCE

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants.  I you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, our membership management company, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant.  You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.

Payment processing companies and merchants may have privacy and data collection practices that are different from ours.  We have no responsibility or liability for these independent policies of the payment processing companies and Merchants.  In addition, when you make certain purchases through our Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase.  for more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

You release us, our affiliates, our payment processing company , and Merchants form any damages that you incur, and agree not to assert any claims against us or them, arising form your purchase through or use of our website or its Content.


TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to Website and its Content, in full or in part, at any time without notice.

In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination.  The restrictions imposed on you in these Terms and Conditions with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

GOVERNING LAW AND JURISDICTION

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Wisconsin without giving effect to any choice or conflict of law provision or rule (whether of the State of Wisconsin or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Wisconsin.


VARIATION OF TERMS

These Term and Conditions may be updated at any time as our Company sees fit, and by using this Website you are expected to review these Term and Conditions on a regular basis.

SEVERABILITY

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

QUESTIONS

For questions about these Terms and Conditions, please contact us at rachel@dailyharvestdesigns.com.


Last modified October 2018.