Terms and Conditions
Please read these terms and conditions carefully before using Our
Service.
Interpretation and Definitions
Interpretation
The
words of which the initial letter is capitalized have meanings
defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in
singular or in plural.
Definitions
For the purposes of
these Terms and Conditions:
· Affiliate means an entity
that controls, is controlled by or is under common control with a
party, where "control" means ownership of 50% or more of the shares,
equity interest or other securities entitled to vote for election of
directors or other managing authority.
· Country refers
to: Washington, United States
· Company (referred to as
either "the Company", "We", "Us" or "Our" in this Agreement) refers
to Daily Garden.
· Device means any device that can
access the Service such as a computer, a cellphone or a digital
tablet.
· Service refers to the Website.
·
Terms and Conditions (also referred as "Terms") mean these Terms and
Conditions that form the entire agreement between You and the
Company regarding the use of the Service.
· Third-party
Social Media Service means any services or content (including data,
information, products or services) provided by a third-party that
may be displayed, included or made available by the Service.
· Website refers to Daily Garden, accessible from
dailygarden.pro
· You means the individual accessing or
using the Service, or the company, or other legal entity on behalf
of which such individual is accessing or using the Service, as
applicable.
Acknowledgment
These are the Terms and
Conditions governing the use of this Service and the agreement that
operates between You and the Company. These Terms and Conditions set
out the rights and obligations of all users regarding the use of the
Service.
Your access to and use of the Service is conditioned
on Your acceptance of and compliance with these Terms and
Conditions. These Terms and Conditions apply to all visitors, users
and others who access or use the Service.
By accessing or
using the Service You agree to be bound by these Terms and
Conditions. If You disagree with any part of these Terms and
Conditions then You may not access the Service.
You represent
that you are over the age of 18. The Company does not permit those
under 18 to use the Service.
Your access to and use of the
Service is also conditioned on Your acceptance of and compliance
with the Privacy Policy of the Company. Our Privacy Policy describes
Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the
Website and tells You about Your privacy rights and how the law
protects You. Please read Our Privacy Policy carefully before using
Our Service.
Links to Other Websites
Our Service may
contain links to third-party web sites or services that are not
owned or controlled by the Company.
The Company has no control
over, and assumes no responsibility for, the content, privacy
policies, or practices of any third party web sites or services. You
further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use
of or reliance on any such content, goods or services available on
or through any such web sites or services.
We strongly advise
You to read the terms and conditions and privacy policies of any
third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without
prior notice or liability, for any reason whatsoever, including
without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease
immediately.
Limitation of Liability
Notwithstanding any
damages that You might incur, the entire liability of the Company
and any of its suppliers under any provision of this Terms and Your
exclusive remedy for all of the foregoing shall be limited to the
amount actually paid by You through the Service or 100 USD if You
haven't purchased anything through the Service.
To the maximum
extent permitted by applicable law, in no event shall the Company or
its suppliers be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, but not limited to,
damages for loss of profits, loss of data or other information, for
business interruption, for personal injury, loss of privacy arising
out of or in any way related to the use of or inability to use the
Service, third-party software and/or third-party hardware used with
the Service, or otherwise in connection with any provision of this
Terms), even if the Company or any supplier has been advised of the
possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of
implied warranties or limitation of liability for incidental or
consequential damages, which means that some of the above
limitations may not apply. In these states, each party's liability
will be limited to the greatest extent permitted by law.
"AS
IS" and "AS AVAILABLE" Disclaimer
The Service is provided to
You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under
applicable law, the Company, on its own behalf and on behalf of its
Affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express,
implied, statutory or otherwise, with respect to the Service,
including all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and warranties that
may arise out of course of dealing, course of performance, usage or
trade practice.
Without limitation to the foregoing, the
Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your
requirements, achieve any intended results, be compatible or work
with any other software, applications, systems or services, operate
without interruption, meet any performance or reliability standards
or be error free or that any errors or defects can or will be
corrected. Without limiting the foregoing, neither the Company nor
any of the company's provider makes any representation or warranty
of any kind, express or implied: (i) as to the operation or
availability of the Service, or the information, content, and
materials or products included thereon; (ii) that the Service will
be uninterrupted or error-free; (iii) as to the accuracy,
reliability, or currency of any information or content provided
through the Service; or (iv) that the Service, its servers, the
content, or e-mails sent from or on behalf of the Company are free
of viruses, scripts, trojan horses, worms, malware, timebombs or
other harmful components. Some jurisdictions do not allow the
exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the
above exclusions and limitations may not apply to You. But in such a
case the exclusions and limitations set forth in this section shall
be applied to the greatest extent enforceable under applicable law.
Governing Law
The laws of the Country, excluding its
conflicts of law rules, shall govern this Terms and Your use of the
Service. Your use of the Application may also be subject to other
local, state, national, or international laws.
Disputes
Resolution
If You have any concern or dispute about the
Service, You agree to first try to resolve the dispute informally by
contacting the Company.
For European Union (EU) Users
If
You are a European Union consumer, you will benefit from any
mandatory provisions of the law of the country in which You are
resident.
United States Legal Compliance
You represent
and warrant that (i) You are not located in a country that is
subject to the United States government embargo, or that has been
designated by the United States government as a "terrorist
supporting" country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
Severability and Waiver
Severability
If any
provision of these Terms is held to be unenforceable or invalid,
such provision will be changed and interpreted to accomplish the
objectives of such provision to the greatest extent possible under
applicable law and the remaining provisions will continue in full
force and effect.
Waiver
Except as provided herein, the
failure to exercise a right or to require performance of an
obligation under these Terms shall not affect a party's ability to
exercise such right or require such performance at any time
thereafter nor shall the waiver of a breach constitute a waiver of
any subsequent breach.
Translation Interpretation
These
Terms and Conditions may have been translated if We have made them
available to You on our Service. You agree that the original English
text shall prevail in the case of a dispute.
Changes to These
Terms and Conditions
We reserve the right, at Our sole
discretion, to modify or replace these Terms at any time. If a
revision is material We will make reasonable efforts to provide at
least 30 days' notice prior to any new terms taking effect. What
constitutes a material change will be determined at Our sole
discretion. By continuing to access or use Our Service after those
revisions become effective, You agree to be bound by the revised
terms. If You do not agree to the new terms, in whole or in part,
please stop using the website and the Service. These terms and
conditions are effective as of 2026-08-05
Contact Us
If
you have any questions about these Terms and Conditions, You can
contact us by email: info@dailygarden.pro.