May 1, 2006

By visiting this web site, you are indicating that you are 18 years old or older, and agree to be bound by the terms in this Terms of Use. You may print and keep a copy of this agreement.  We may change our Terms of Use periodically.  If we do make any changes, we will update this document accordingly. (The date of the most recent change is displayed at the top of this document).  It is your responsibility to access this document whenever you visit this web site to determine if there have been any changes.  By using this web site, you will be indicating that you agree to be bound by the terms of use and any changes to those terms. You are responsible for all statements made and acts or omissions that occur while using this web site.  You may not use this web site for any unlawful purpose.

COPYRIGHT AND LIMITATIONS ON USE
The content and other intellectual property available through this web site (including but not limited to articles, photographs, images, illustrations, audio clips and video clips, software and databases) is the property of TucsonHomeandGardenSpot.com a division of Creative Edge Marketing Company, Tucson, Arizona or its licensors and is protected by copyright and other intellectual property laws.  This web site is also copyrighted as a collective work under United States copyright law.  Content received through this web site may be displayed and printed for your personal, non-commercial use only.  You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish broadcast or circulate the content received through this web site to anyone, including but not limited to others in the same company or organization.

TRADEMARKS
All TucsonHomeandGardenSpot.com marks, graphics, logos, designs and trade names used and displayed on this Site are service marks or trademarks of Creative Edge Marketing Company and are the sole and exclusive property of Creative Edge Marketing Company and TucsonHomeandGardenSpot.com.  All other trademarks that appear on this site and not owned by TucsonHomeandGardenSpot.com and Creative Edge Marketing Company are the property of their respective owners.  You may not use any marks, logos, graphics, etc. for any purpose without the express written permission of the owner(s).

USE OF SITE
You may view and print material(s) displayed on this site subject to the following terms:

1. the materials may be used solely for your own personal information and not for commercial use
2. You must retain all copyright, trademark and other proprietary notices affixed to or contained in the materials you print and all copies thereof without any alterations or modifications.
3. You may not copy or otherwise use this site or any portion thereof, except as expressly provided above. 
4. You may not reproduce, download, republish, frame, transmit, distribute, sell, license, modify, alter, reverse engineer or prepare derivative works from this site or any portion hereof, except with the express written permission of TucsonHomeandGardenSpot.com
5. Links to this site require the express written permission of TucsonHomeandGardenSpot.com.
6. You agree that if TucsonHomeandGardenSpot.com in its sole and unfettered discretion, requests in writing that you remove any link or links to the TucsonHomeandGardenSpot.com web site, you will promptly do so. 
7. You agree that if you create any link to the TucsonHomeandGardenSpot.com web site that you will not employ any technology that results in the placement of content from the TucsonHomeandGardenSpot.com web site in a frame and/or a reduced pop-up window or any other display mechanism which changes the TucsonHomeandGardenSpot.com web site from how they would appear if a user typed in their URL to a typical browser line.
8. Nothing contained in this Site shall be construed by implication, estoppel or any other means as any license or right under any copyright, patent, trademark or other proprietary interest of TucsonHomeandGardenSpot.com or any third party.
9. Any and all rights not expressly granted herein are reserved.

ADVERTISING ON TUCSONHOMEANDGARDENSPOT.COM WEBSITE
All advertising contracts are for the period of no less than one year from date of contract.  All advertisers agree to comply with the TucsonHomeandGardenSpot.com advertising guidelines as outlined on this site, and with a signed contract listing the same criteria.  Advertisers further agree to hold TucsonHomeandGardenSpot.com harmless from any disputes that may arise from a lead originating from TucsonHomeandGardenSpot.com website.   Furthermore, TucsonHomeandGardenSpot.com makes no guarantees to the number of clients that will be generated from its website or other services offered through Creative Edge Marketing Company.  Advertisers are aware that TucsonHomeandGardenSpot.com provides a community message board that offers consumers a chance to voice their opinions regarding a number of subjects, including , but not limited to, sharing of  information about businesses and services, which may or may not be businesses or services listed on the TucsonHomeandGardenSpot.com website.   TucsonHomeandGardenSpot.com cannot be held responsible for any comments that may be expressed on the message board “Backyard Chatter” which may result in any direct or indirect loss of business due to comments posted on the message board “Backyard Chatter” or any other blogs on other sites where reference is made to TucsonHomeandGardenSpot.com and its advertisers.  Use of the message board, “Backyard Chatter” is subject to usage rules under the heading “ From the Public” further in this document.

 NO RENDERING OF ADVICE
The information contained in or made available through TucsonHomeandGardenSpot.com is provided for informational purposes only and should not be construed as rendering, consulting, design, architectural or other professional advice of any kind.  Any articles, “ask and expert” , backyard chatter or other information contained on this site,  should be used as a guideline and not as a substitute for hiring a professional.  Your use of this site does not give rise to a client, advisory, fiduciary or professional services relationship in any way between you and TucsonHomeandGardenSpot.com

INFORMATION ACCURACY
TucsonHomeandGardenSpot.com makes every effort to furnish accurate and up-to-date information, however, TucsonHomeandGardenSpot.com does not warrant that any information contained in or made available through this site(including, without limitation, any information provided directly by representatives of TucsonHomeandGardenSpot.com or periodically any information that may appear in articles or newsletters) is accurate, complete, reliable, current or error-free.  TucsonHomeandGardenSpot.com assumes absolutely no liability or responsibility for any errors or omissions in the content of this site or such other materials or communications.

 LIMITATIONS OF LIABILITIES AND DISCLAIMER OF WARRANTIES
This site is provided to you by TucsonHomeandGardenSpot.com a division of Creative Edge Marketing Company, Tucson, Arizona.  This site is an “AS IS” and “AS AVAILABLE” basis.  Use of this site is at your sole risk.  To the full extent permissible by applicable law, TucsonHomeandGardenSpot.com and its affiliates and suppliers disclaim all warranties, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Without limiting the fore mentioned,TucsonHomeandGardenSpot.com and its affiliates and suppliers make no representations or warranties of any kind as to the operation or availability of this site or the information, content, materials, products or services included on or made available through this site.  TucsonHomeandGardenSpot.com DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TucsonHomeandGardenSpot.com lists businesses that have paid to be on our site.   
TucsonHomeandGardenSpot.com is not liable for any damages of any kind arising from or in connection with the use of this site and any third party contract entered into by you and a TucsonHomeandGardenSpot.com advertiser .

TucsonHomeandGardenSpot.com is not and will not be responsible for the terms and conditions of any transaction between you and any third party and any insufficiency of or problems with any such third party’s background, insurance, credit or licensing.  TucsonHomeandGardenSpot.com is not or will not be responsible for the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services.  In the event that you have a dispute with any such third party, you release TucsonHomeandGardenSpot.com and its affiliates, agents and employees from any and all claims, demands and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.  TucsonHomeandGardenSpot.com will not be held responsible for any direct, indirect, incidental punitive and consequential damages (including, without limitation, loss of profits, goodwill, data or use, even if such parties have been advised of the possibility of such damages.) The fore mentioned limitation shall apply regardless of the form of action and whether in contract, breach of warranty, tort, negligence, strict liability or otherwise.  

 

 

LINKS
For your convenience, TucsonHomeandGardenSpot.com may provide hyperlinks to websites and servers maintained by third parties.  TucsonHomeandGardenSpot.com does not control, evaluate, endorse or guarantee content found in these sites.  TucsonHomeandGardenSpot.com does not assume any responsibility or liability for the actions, products, services or content of these sites or the parties that own, operate and maintain them.  You should always carefully review their privacy policies and other conditions of use.  Use of these sites is at your own risk.

 

FROM THE PUBLIC
The TucsonHomeandGardenSpot.com web site may include a number of venues such as classified advertisements, bulletin boards, news groups, forums, communities, calendars, and/or other message or communication facilities designed to enable you to exchange thoughts and opinions with other members of the public (“Public Content”).  Since TucsonHomeandGardenSpot.com firmly believes in the value of free and open exchanges, it makes no effort and is under no obligation to monitor, pre-screen, or otherwise censor such thoughts and opinions.  Therefore, TucsonHomeandGardenSpot.com cannot guarantee the appropriateness, accuracy, sufficiency, correctness, veracity, completeness or timeliness of such thoughts and opinions.  You are responsible for confirming the sufficiency and reliability of any such thoughts or opinions you may use or rely upon.  If you wish to inform TucsonHomeandGardenSpot.com of any Public Content that may indicate copyright infringement by any person or entity, Pursuant to Title 17, United States Code, Section 512(c)(2), please forward your notification to us.
When you use any venue such as classified advertisements, bulletin boards, calendars, forums, and/or other message or communication facilities designed to exchange thoughts and opinions with other members of the public, use caution when posting any personally identifying information about yourself or your children on TucsonHomeandGardenSpot.com web site. Furthermore, you promise that you WILL NOT USE THE TucsonHomeandGardenSpot.com web site to:

1. Post,  or otherwise transmit any content not related to appropriate subject matters;
2. Post,  or otherwise transmit any content which is misleading to others, including consumers;
3. Post, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
4. Post, or otherwise transmit any content that you do not have a right to post and transmit under any law or under contractual relationships;
5. Post, or otherwise transmit any content, such that such posting, or transmission constitutes the infringement of any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Post, or otherwise transmit any materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
7. Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law.

By posting content to the TucsonHomeandGardenSpot.com web site, you grant TucsonHomeandGardenSpot.com a non-exclusive license to host, use, reproduce, modify, distribute, transmit, combine with information provided by third parties, and publicly display such content on and through web sites controlled by Creative Edge Marketing Company, including, but not limited to,TucsonHomeandGardenSpot.com web site, and co-branded or mirrored versions of such sites, and in Creative Edge Marketing Company’s and TucsonHomeandGardenSpot.com’s promotional or advertising materials, and sublicense to third parties such content to the extent necessary for the creation and maintenance of, in part or in whole, such sites.

You acknowledge that while TucsonHomeandGardenSpot.com does not pre-screen content posted by you to the TucsonHomeandGardenSpot.com web site, TucsonHomeandGardenSpot.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is posted by you or any other party to the TucsonHomeandGardenSpot.com web site.  Without limiting the fore mentioned, TucsonHomeandGardenSpot.com and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable, and to terminate your access to any or all of the TucsonHomeandGardenSpot.com web site at any time without notice for any reason whatsoever.  You agree that you must evaluate, and bear all risks associated with, the use of any content you post to the TucsonHomeandGardenSpot.com web site, including any reliance on the accuracy, completeness, or usefulness of such content.  TucsonHomeandGardenSpot.com reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

By posting inputting or submitting content to the TucsonHomeandGardenSpot.com
 web site, you warrant and represent that you own or control all of the rights to such content including, without limitation, all the rights necessary for you to provide, post, input or submit such content.

SUBMISSIONS
All feedback, suggestions, criticisms, comments and ideas furnished to TucsonHomeandGardenSpot.com in connection with your use of this site, shall be deemed the property of TucsonHomeandGardenSpot.com.  No such submissions shall be subject to any obligation of monetary or other means of reimbursement or any obligation of confidence on the part of TucsonHomeandGardenSpot.com.  TucsonHomeandGardenSpot.com shall be entitled to unrestricted use and disclosure of such submissions throughout the world for any purpose whatsoever, commercial or otherwise, without any obligation to compensate you for such use or disclosure.  You represent that you have the lawful right to furnish such submissions, ideas, suggestions, etc., to TucsonHomeandGardenSpot.com and that you will not submit any information unless you are legally entitled to do so.

ACCESS TO TUCSONHOMEANDGARDENSPOT.COM WEBSITE
TucsonHomeandGardenSpot.com reserves the right to terminate suspend or restrict your access to this site, or any portion hereof, with or without notice at any time for any reason whatsoever including, but not limited to, your violation of the terms and conditions of TucsonHomeandGardenSpot.com.  TucsonHomeandGardenSpot.com reserves the right to modify or discontinue this site or any portion hereof at any time with or without notice.  TucsonHomeandGardenSpot.com shall not be liable to you or any third party for any such termination, suspension, restriction, modification or discontinuance.

DISPUTE RESOLUTION
Any controversy or claim arising out of or relating to these terms and conditions or breach hereof, or otherwise relating to this site (with the exception of injunctive relief sought by TucsonHomeandGardenSpot.com for any violation of TucsonHomeandGardenSpot.com’s proprietary rights), shall be settled by binding arbitration in accordance with the then current rules of the American Arbitration Association.  Before entering into arbitration, the parties shall each appoint an arbitrator, and these tow arbitrators shall select a third arbitrator to be a member of the panel.  Should the two arbitrators not be able to agree on a choice of the third, then the American Arbitration Association shall make the appointment of a person who is neutral to the parties.  None of the arbitrators shall be officers or employees of the parties.  Each such arbitrator shall be an attorney having experience and familiarity with information technology disputes.  The location of arbitration shall be Tucson, Arizona, USA  The arbitrators shall have the right to award costs, fees and expenses, including but not limited to the arbitrator’s fees and reasonable attorney’s fees, to the prevailing party.  The the fullest extent permitted by applicable law, no such arbitration shall be joined to an arbitration involving any other party subject to these terms and conditions, whether through class arbitration proceedings or otherwise.  Each party hereby waives its right to a trial by jury for any disputes between the parties. 

APPLICABLE LAWS AND JURISDICTION
TucsonHomeandGardenSpot.com maintains this site in Tucson, Arizona, USA.  TucsonHomeandGardenSpot.com makes no representation that this site or any content on or accessed through this site is appropriate or available for use in other jurisdictions.  You are responsible for compliance with all local laws and regulations, as applicable.  Use of  TucsonHomeandGardenSpot.com and any dispute arising from, shall be governed by the laws of the State of Arizona, USA, without regard to principles of conflict of laws.  Subject to the dispute resolution procedures set forth above, any legal action or proceeding arising out of or relating to these terms and conditions or your access to or use of this site shall be instituted only in a state or federal court located in Tucson, Arizona, Pima County, and you expressly consent to the exclusive jurisdiction of such courts.

MODIFICATIONS
TucsonHomeandGardenSpot.com reserves the right to modify these terms and conditions at any time upon posting.  By continuing to use this site after any changes are posted, you agree to the revised terms and conditions.  Please visit this page regularly to review the then-current terms and conditions to which you are bound.

MISCELLANEOUS
If  there is a determination that any provision of these terms and conditions is invalid or unenforceable under applicable law, that determination will not affect the rest of these terms and conditions and these terms and conditions shall be deemed amended to the minimum extent necessary to make them valid and enforceable.  The failure of TucsonHomeandGardenSpot.com to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.  Regardless of any statute or law to the contrary, any claim or cause of action against TucsonHomeandGardenSpot.com arising out of or related to use of this site or under these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

If you have any questions regarding our policies, please contact us.