AZHomeandGarden.com (AZHG) was developed as an online community and information resource to assist prospective and current homeowners, and those interested in the home and garden industry, in identifying and locating businesses which offer products and services in this industry. This website is a free resource to consumers and although we strive to find quality companies, AZHG does not guarantee nor endorse the quality of products or services received from any participating exhibitor companies, and does not accept any liability, express or implied, from the use of this website or from companies’ products or services. AZHG also does not warrant or guarantee the accuracy of information provided by exhibitor companies on this website. As with all companies you consider buying from, consumers are encouraged to perform due diligence in choosing a company to perform any work or provide any product or service.
You may use our Products only if you can form a binding contract with AZHomeandGarden.com, and only in compliance with these Terms and all applicable laws. When you create your AZHomeandGarden.com account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our Products may be software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to such upgrades.
Subject to these Terms and our policies (including our Acceptable Usage Policy), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Products.
If you want to use our Products for commercial purposes you must become an exhibitor or advertiser, and be bound by the Terms of Service affecting exhibitors.
Translation: You can use AZHomeandGarden.com unless you're under 13. Also, if you are planning to use AZHomeandGarden.com for commercial purposes, you need to become an exhibitor or advertiser.
AZHomeandGarden.com allows exhibitors to post content, including photos and other materials. Anything that you post or otherwise make available on our Products is referred to as "Exhibitor Content." Exhibitors retain all rights in, and are solely responsible for, Exhibitor Content posted to AZHomeandGarden.com.
Translation: If you post your content on AZHomeandGarden.com, it still belongs to you but we can show it to people and others can recommend it.
Exhibitors grant AZHomeandGarden.com a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Exhibitor Content on AZHomeandGarden.com solely for the purposes of operating, developing, providing, and using the AZHomeandGarden.com Products. Nothing in these Terms shall restrict other legal rights AZHomeandGarden.com may have to Exhibitor Content, for example under other licenses. We reserve the right to remove or modify Exhibitor Content for any reason, including Exhibitor Content that we believe violates these Terms or our policies
Following termination or deactivation of your account, or if you remove any Exhibitor Content from AZHomeandGarden.com, we may retain your Exhibitor Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, AZHomeandGarden.com may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your Exhibitor Content stored or shared through AZHomeandGarden.com.
Translation: Copies of content may remain even after you delete the content from your account
AZHomeandGarden.com provides a creative and positive place for exhibitors, advertisers, and members to discover and share things you love. To keep it that way, you must comply with our policies, including our Acceptable Use Policy. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise use our Products without our permission.
AZHomeandGarden.com respects the rights of third party creators and content owners, and expects you to do the same. You therefore agree not to post any Exhibitor Content that violates any law or infringes the rights of any third party.
We value hearing from our members, and are always interested in learning about ways we can make AZHomeandGarden.com more relevant. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, AZHomeandGarden.com does not waive any rights to use similar or related Feedback previously known to AZHomeandGarden.com, or developed by its employees, or obtained from sources other than you.
Translation: Don't post porn or spam or be disrespectful to other members. Oh, and we can actually use your suggestions to make AZHomeandGarden.com better.
AZHomeandGarden.com has adopted and implemented the AZHomeandGarden.com Copyright Policy in accordance with the Digital Millennium Copyright Act.
Translation: We respect copyrights. You should, too.
We care about the security of our members. While we work to protect the security of your content and account, AZHomeandGarden.com cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account or other components of AZHomeandGarden.com.
Translation: You can help us fight spammers by keeping security best practices in mind.
Our Products may contain links to third-party websites, sponsors and advertisers, services, special offers, or other events or activities that are not owned or controlled by AZHomeandGarden.com. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from AZHomeandGarden.com, you do so at your own risk and you agree that AZHomeandGarden.com will have no liability arising from your use of or access to any third-party website, service, or content.
Translation: There are many links to content off of AZHomeandGarden.com. Most of that stuff is fantastic, but we're not responsible when it's not.
AZHomeandGarden.com may terminate or suspend this license at any time, with or without cause or notice to you. Upon termination, you continue to be bound by Sections 2 and 6-12 of these Terms.
Translation: We reserve the right to refuse service to anyone.
If you use our Products for commercial purposes in violation of Section 1(c), as determined in our sole and absolute discretion, you agree to indemnify and hold harmless AZHomeandGarden.com and its officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to (a) your access to or use of our Products, (b) Exhibitor Content, or (c) your breach of any of these Terms.
Translation: If we are sued because of something you or your business does on AZHomeandGarden.com, you have to pay our costs. Also, you should have become an exhibitor or advertiser and agreed to our terms in the first place.
The Products, Services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied. AZHOMEANDGARDEN.COM SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. AZHomeandGarden.com takes no responsibility and assumes no liability for any Content that you or any other member or third party posts or transmits using our Products. You understand and agree that you may be exposed to Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
Translation: Unfortunately, people post bad stuff on member-generated content sites like AZHomeandGarden.com. We take that kind of thing seriously but you still might run into it before we have a chance to take it down. If you see bad stuff, please report it to us.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AZHOMEANDGARDEN.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PRODUCTS; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL AZHOMEANDGARDEN.COM AGGREGATE LIABILITY EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
Translation: We are building the best service we can for you but we can't promise it will be perfect. We're not liable for various things. If you think we are, let's try to work it out like adults.
For any dispute you have with AZHomeandGarden.com, you agree to first contact us and attempt to resolve the dispute with us informally. If AZHomeandGarden.com has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. Unless you and AZHomeandGarden.com agree otherwise, the arbitration will be conducted in Maricopa County, Arizona. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, if your claim for damages does not exceed $5,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND AZHOMEANDGARDEN.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
These Terms shall be governed by the laws of the State of Arizona, without respect to its conflict of laws principles. We each agree to submit to the personal jurisdiction of a state court located in Maricopa County, Arizona or the United States District Court for Arizona, for any actions not subject to Section 10 (Arbitration). Our Products are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.
Translation: Arizona is beautiful and it really doesn't matter what time of year it is (except summer)! Anyway, we work here, so you'll have to sue us here.
Notification Procedures and changes to these Terms. AZHomeandGarden.com reserves the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if we so choose. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you. By continuing to access or use the Products after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Products.
Translation: If we're making a big change to the terms, we'll let you know.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AZHomeandGarden.com without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and AZHomeandGarden.com's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Translation: These three legal passages are part of just about every online terms agreement. Basically, they ensure that a deal is a deal when you're using a site, including AZHomeandGarden.com.