Terms of advertising sales
English Country Gardeners (ECG) offers a service to display "Display Banner Advertising", "Horticulture Directory Listings", "Classified Job Adverts" and "Open Garden Event Listings". These services are covered by the following terms and conditions. You can review the most current version of these terms and conditions, which may change from time-to-time at the sole discretion of ECG, at any time by visiting this web page.- Service Description
English Country Gardeners' sole obligation to Advertiser is to display an advertisement/link ("Advertisement") supplied by Advertiser at the English Country Gardeners (ECG) website(s) described in a written purchase agreement ("Purchase Agreement") executed between English Country Gardeners and Advertiser. Unless otherwise specified in the Purchase Agreement, English Country Gardeners shall have the right to display and position the Advertisement at the designated English Country Gardeners (ECG) website(s) as English Country Gardeners sees fit in its sole discretion. - Production and Delivery of Advertisement
Unless otherwise stated in the Purchase Agreement, Advertiser shall bear sole responsibility for the production, design, and delivery of the Advertisement in accordance with English Country Gardeners' specifications for inclusion in English Country Gardeners' website(s). - Payment
ALL SALES ARE FINAL. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN WRITING, NO REFUNDS WILL BE PROVIDED. All Advertisements (apart from "Open Garden Event Listings") displayed at English Country Gardeners (ECG) web sites must be prepaid in full by check, money order, or credit card. Advertisement space is leased for a period of one-year commencing on the date payment is received. - Renewal
English Country Gardeners will send Advertiser a renewal Purchase Agreement prior to the expiration of Advertiser's original lease (apart from "Open Garden Event Listings"). Lease rates are subject to change upon renewal. Any Advertiser in good standing may renew an existing lease by making the required prepayment for an additional one-year lease. Failure of Advertiser to timely execute and prepay a renewal Purchase Agreement may result in the permanent loss of advertising space on English Country Gardeners (ECG). - Content Restrictions
An Advertisement accepted by English Country Gardeners shall link only to the web sites specified in the Purchase Agreement ("Advertiser's Site"). Advertiser agrees not to provide any Objectionable Content in the Advertisement or at the Advertiser's Site. Advertiser further agrees not to intentionally link Advertiser's Site to any other site that contains Objectionable Content. The term Objectionable Content shall mean any data, graphics, sounds, information, or other material that: - violates any applicable local, state, federal, national or international law;
- violates any copyright, trademark, patent or other proprietary rights;
- contains obscene, indecent, sexually explicit, abusive, threatening, harassing, defamatory, libelous, material;
- is racially, sexually, ethnically or otherwise hateful or discriminatory;
- contains software, viruses or other computer codes, files, or programs that are designed to interrupt, destroy or otherwise interfere with the functionality of any computer or telecommunications hardware or software; or
- is otherwise objectionable, in English Country Gardeners' sole discretion.
- Technical Specifications
Advertiser shall ensure that the Advertisement, the Advertiser's Site, and all links to the Advertiser's Site are in compliance with the following technical specifications, which may change in English Country Gardeners' sole discretion from time-to-time. Files not meeting these specifications will not run within the English Country Gardeners (ECG) website system. - Termination/Refunds
English Country Gardeners reserves the right to terminate the display of any Advertisement for any reason upon fifteen (15) days advance written notice to Advertiser. If English Country Gardeners removes an Advertisement without cause, English Country Gardeners will provide Advertiser with a pro rata refund within thirty (30) days of the date the Advertisement is removed. If English Country Gardeners removes an Advertisement for cause, including, but not limited to the presence of Objectionable Content, said removal will be effected immediately without advance notice to Advertiser and if Advertiser does not remedy the violation as discussed in #5 above, Advertiser shall not be entitled to any refund. - Limitation of Liability
English Country Gardeners expressly disclaims any obligation to keep the English Country Gardeners (ECG) web sites free of electronic, hardware, software, network, Internet, computer, or other malfunctions, failures, viruses or difficulties. IN NO EVENT SHALL English Country Gardeners, ITS OFFICERS, DIRECTORS, PARTNERS, SUBSIDIARIES, AFFILIATES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM THE RELATIONSHIP BETWEEN English Country Gardeners AND ADVERTISER. - No Warranties
All English Country Gardeners (ECG) web sites are provided on an "AS IS" basis. English Country Gardeners DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES RELATED TO THE USE OF ITS WEB SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, English Country Gardeners specifically disclaims any warranty regarding the performance or operation of the English Country Gardeners (ECG) web sites or the number of persons who will access the English Country Gardeners (ECG) web sites or Advertiser's Site. - Indemnification
Advertiser agrees to indemnify, defend and hold harmless English Country Gardeners, its officers, directors, partners, subsidiaries, affiliates, agents and representatives from and against any and all claims, actions, liabilities, expenses, losses, and damages of any kind (including, without limitation, reasonable attorneys fees) that may be incurred by them by reason of any material breach of this agreement by Advertiser. - Independent Contractors
Advertiser and English Country Gardeners are independent contractors. There is no relationship of partnership, agency, employment or franchise between Advertiser and English Country Gardeners. Neither party is an agent or representative of the other party. Neither party shall have the right, power, or authority to enter into any agreement on behalf of the other or to any way legally bind the other. - Entire Agreement
These standard terms and conditions, as they may be amended from time-to-time, and the Purchase Order constitute the entire agreement between English Country Gardeners and Advertiser and supercede any prior agreements or understandings between the parties.
English Country Gardeners reserves the right to review Advertiser's Site at any time to ensure compliance with these content restrictions. If English Country Gardeners or its representative discover that Objectionable Content has been identified at Advertiser's Site (or other sites available through links at Advertiser's Site), Advertiser's link will be immediately disabled and Advertiser will be notified of the violation of English Country Gardeners (ECG) content policy. In such case, Advertiser agrees to use commercially reasonable efforts to promptly eliminate or modify such Objectionable Content. Failure to promptly eliminate or modify Objectionable Content may result in the termination of the display of an Advertisement.
