Last updated: November 01, 2022
Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
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.
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: Nebraska, United States
Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Omaha Gardener.
Device refers to 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. This Terms and Conditions agreement has been created with the help of https://www.termsfeed.com/terms-conditions-generator/
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 Omaha Gardener, accessible from omahagardener.com
You refers to 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.
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.
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.
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.
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.
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.
Omaha Gardener website and community is a friendly, positive community of business owners, gardeners and entrepreneurs encouraging and helping each other. Nasty comments and personal attacks are not welcomed and those making them will be blocked. Omaha Gardener reserves the right to edit or delete any comments without notice. Comments intending to spam or advertise will also be deleted.
Copyright & trademark laws protect the content of this site. The intellectual property, copyright & trademarks on this site are owned by Omaha Gardener.
We grant you permission to electronically copy or print hard copies of portions of material from this website solely for personal, non-commercial use only. You MAY NOT use our information for profit without written permission. You MAY NOT redistribute or trade the material.
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.
Except for information, products or services clearly identified as being supplied by Omaha Gardener, Omaha Gardener is not responsible for the quality or accuracy of any other marketed products. Furthermore, Omaha Gardener does not guarantee or warrant that the use of this site will be uninterrupted and or free of infection or viruses. We are not liable to you or anyone else if your computer is damaged in any way in using this website.
We have no control over the truth, quality, safety or legality of the goods listed on Omaha Gardener or & we cannot guarantee the transaction between the buyer & seller. Omaha Gardener does not favor one advertiser or supplier over another.
In particular, the right-side bar, above the header and at the bottom of regular post are network ads by google and a private ad network. Omaha Gardener has little control over what ads show up there.
Products and Guarantees
You have the right to a 5 days cooling off period in accordance with consumer law (if that law is applicable to you).
However, handling and shipping fees, if any, are non-refundable. Also non-refundable are any payments or commissions already paid to affiliates etc. They will be deducted from the refund.
In addition to the 5 day cooling off period, we offer a 30 day guarantee on Omaha Gardener specific products and services. The terms of this guarantee are as follows:
You must contact us in writing with your reasons for requesting a refund.
You must show that you have actively engaged and viewed the learning modules and processes taught in the course, including any Omaha Gardener social media community groups, up to the date that you request the refund.
The right to request a refund ceases 30 days after the purchase date. The buyer will make a determination during the 30 days guarantee period if the product is as described and to decide whether the buyer wishes to keep the product.
If the buyer does not contact the seller during the refund period, the buyer agrees that the seller may construe silence as a full complete and final acceptance of the product, service or membership with no further right to redress or refund for any reason.
Please note, changing your mind or not having the time to implement the teachings contained in the course material, is not considered to be a legitimate reason to request a refund.
Beyond the 5 day cooling off period and the 30 day guarantee period, Omaha Gardener reserves the right to deny a refund or under special circumstances, apply a full or partial refund at their discretion.
Subject to our obligations by law we are not liable to you or anybody else for any loss or damage, indirect, consequential or incidental.
Omaha Gardener shall not be liable for any delay in performing its obligations as set out in these terms & conditions if such delay is caused by circumstances beyond our control, but will endeavor to complete the transaction as soon as possible.
Omaha Gardener shall not be liable for any and all damage that the buyer causes by using the product or information contained on this website that results in a damage claim.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
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 in.
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.
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.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect 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.
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.
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.
If you have any questions about these Terms and Conditions, You can contact us via our support (@) omahagardener.com
Hey there! I’m Torian, the green-thumbed creator of Omahagardener, and I’m stoked that you’ve stumbled upon our cozy corner of the internet.