TERMS OF USE
Effective Date: June 15, 2023
Ownership
This the-gardenias.com website is owned and operated by “The Gardenias” (also referred to as "we", "us", this "website" or this "site"). This site and content provided herein are protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property rights embodied in this site and content are owned by us and/or third parties.
Use And Restrictions
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this site through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) "frame" or "mirror" the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
Modification
The Terms of Use apply to the public areas of the website. We reserve the right to modify these Terms of Use at any time. Please check this page periodically for updates. Your continued use of this site following our posting of a modification notice or new terms of use on this site will constitute binding acceptance of the modification or new terms of use.
If We Allow Postings To This Site
If we allow postings to this site (e.g., via blog, forum, chat room, or social media asset), we will not treat information that you post to public areas of this site that are viewable by others as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing, or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
Defamation; Communications Decency Act Notice
This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of the content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this site's home page.
Separate Agreements
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
Warranty Disclaimers
“SERVICE” MEANS THE PUBLIC AREAS OF THIS SITE AND ALL PUBLIC AREAS ACCESSED BY MOBILE DEVICES AND APPLICATION PROGRAMMING INTERFACE (API), BUT EXCLUDES SERVICES THAT HAVE SEPARATE PRIVACY POLICIES WHICH DO NOT INCORPORATE OUR PRIVACY POLICY.
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY. WITHOUT LIMITING THE FOREGOING, WE, OUR/ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
FEDERAL LAW, SOME STATES, AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVE YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, SHALL WE, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
ALL TRADEMARKS, SERVICE MARKS, TRADE NAMES, TRADE DRESS, PRODUCT NAMES AND LOGOS APPEARING ON THE SITE ARE THE PROPERTY OF THEIR RESPECTIVE OWNERS. ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED.
THE INFORMATION CONTAINED ON THIS SITE IS INTENDED TO PROVIDE ONLY GENERAL EDUCATION ABOUT CONDITIONS. IT SHOULD NOT BE REGARDED AS DIAGNOSTIC, TREATMENT OR ANY OTHER TYPE OF SPECIFIC MEDICAL ADVICE TO ANYONE. ALL OF THE INFORMATION PROVIDED IN AND THROUGH THIS WEBSITE IS INTENDED SOLELY FOR GENERAL INFORMATION AND SHOULD NOT BE RELIED UPON FOR ANY PARTICULAR DIAGNOSIS, TREATMENT, OR CARE. STATEMENTS MADE ON THIS WEBSITE HAVE NOT BEEN EVALUATED BY THE U.S. FOOD AND DRUG ADMINISTRATION OR ANY OTHER GOVERNMENT REGULATORY BODY. INDIVIDUALS SHOULD ALWAYS CONSULT A LICENSED AND QUALIFIED HEALTH CARE PROVIDER FOR EVALUATION, DIAGNOSIS AND TREATMENT RECOMMENDATIONS REGARDING THEIR SPECIFIC MEDICAL PROBLEMS. RESULTS MAY VARY FROM PERSON TO PERSON.
THIS SITE IS NOT INTENDED TO CREATE A HEALTHCARE PROVIDER-PATIENT RELATIONSHIP, AND NO HEALTHCARE PROVIDER-PATIENT RELATIONSHIP WILL BE CREATED OR MEDICAL ADVICE GIVEN THROUGH YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. NO SPECIAL RELATIONSHIP OR PRIVILEGE EXISTS BETWEEN YOU AND THIS SITE. YOU WILL BE REPRESENTING YOURSELF IN ANY MEDICAL MATTER YOU UNDERTAKE AS A RESULT OF YOUR USE OF THIS SITE, ITS SERVICES AND CONTENT. THIS SITE PROVIDES (I) ARTICLES, NEWSLETTERS, AND CONTENT FOR INFORMATIONAL PURPOSES ONLY. IN THE PROCESS OF PROVIDING THIS INFORMATION, THIS SITE IS ENGAGED IN THE PUBLICATION OF INFORMATION REGARDING MEDICAL ISSUES COMMONLY ENCOUNTERED. THIS SITE IS NOT A SUBSTITUTE FOR THE ADVICE OF A QUALIFIED MEDICAL PROFESSIONAL. THIS SITE DOES NOT REVIEW ANY OF YOUR ANSWERS TO QUESTIONS FOR SUFFICIENCY, PROVIDE MEDICAL ADVICE, OR APPLY IT TO YOUR SPECIFIC REQUIREMENTS.
IF YOU HAVE OR THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY. DO NOT RELY ON THIS WEBSITE OR ELECTRONIC COMMUNICATIONS FOR IMMEDIATE, URGENT MEDICAL NEEDS. THIS WEBSITE IS NOT DESIGNED TO HANDLE MEDICAL EMERGENCIES.“SERVICE” MEANS THE PUBLIC AREAS OF THIS SITE AND ALL PUBLIC AREAS ACCESSED BY MOBILE DEVICES AND APPLICATION PROGRAMMING INTERFACE (API), BUT EXCLUDES SERVICES THAT HAVE SEPARATE PRIVACY POLICIES WHICH DO NOT INCORPORATE OUR PRIVACY POLICY.
Links to This Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or tradename that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
Links to Third Party Websites
We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites' terms of use and privacy policy.
Participation In Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Consumer Rights Information
California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Address:
Attn: Privacy Officer
3850 Holcomb Bridge Road, Bldg # 300,
Peachtree Corners, GA 30092
Contact: samDOTshahATltco360DOTcom
Telephone: 770.946.0325
California Consumer Rights Agent for Service
Telephone: 770.946.0325
Email: samDOTshahATltco360DOTcom
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1.916.445.1254
Governing Law
This Agreement shall be construed under the laws of the State of Georgia, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Compliance Officer
Contact Us. If you have any questions or concerns regarding these Terms of Use, please contact us.
Attn: Compliance Officer
3850 Holcomb Bridge Road, Bldg # 300,
Peachtree Corners, GA 30092,
Contact: samDOTshahATltco360DOTcom