Welcome to the Enderlein Garden Roses.Enderlein Garden Roses makes the Site and any services made available from the Site (ôServicesö) available subject to the following terms and conditions of use (ôTermsö). Please read the Terms carefully as they contain the legal terms and conditions of an agreement (ôAgreementö) that you agree to bound by when you access and/or use the Site.
By accessing any page on the Site or using Services, you agree to be bound by the Terms of Sections A and C which contain provisions applicable to all users of the Site, including casual visitors. If you choose to register on the Site, you must also read and agree to be bound by the Terms set forth in Section B, in addition to the Terms of Section C, by clicking on the ôI Acceptö
button set forth at the end of this Agreement.
For the purposes of this Agreement, ôyouö means you, the person using the Site, and, if applicable, the person that agrees to the Terms in Sections B and C when registering on the Site. You and any persons that uses the Services, are sometimes referred to in this Agreement as the ôUser.ö ôEnderlein Garden Roses,ö ôweö or ôusö meansEnderlein Garden Roses Software Development Corporation. In the case of inconsistencies between these Terms and information on the Site and included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence. To the extent that this Agreement contradicts or is inconsistent with any signed written agreement between you or your company for Services, the terms and conditions of such signed written agreement will always govern and take precedence.
Terms Applicable to All Users of the Site
Availability.Enderlein Garden Roses uses reasonable efforts to ensure that the Site is geneEnderlein Garden Roses available. However, there will be occasions when access to the Site will be interrupted or unavailable.Enderlein Garden Roses will use reasonable commercial efforts to minimize such disruption where it is within the reasonable control ofEnderlein Garden Roses. You agree thatEnderlein Garden Roses shall not be liable to you for any modification, suspension or discontinuance of the Site. You are responsible for obtaining access to the Site and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Site.
Trademarks. All brand, product and service names used on the Site which identifyEnderlein Garden Roses, the Site and any Services are proprietary marks ofEnderlein Garden Roses. All brand, product and service names used in the Services which identify third parties and their products and services are proprietary marks of such third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part ofEnderlein Garden Roses or any third party with respect to any such image, logo or name.
Ownership and Copyright. You acknowledge and agree that the Site and the information contained in it are owned byEnderlein Garden Roses and/or its third party content providers (ôContent Providersö), and are protected by U.S. and international copyright and other intellectual property laws. You further acknowledge and agree that the Site contains confidential and proprietary data and information ofEnderlein Garden Roses and its Content Providers, that you will not use this data or information for any unlawful or unauthorized purpose, and that you will use reasonable efforts to keep such data and information confidential. Each Content Provider is a third party beneficiary under this Agreement to the extent required to enable it to enforce its proprietary rights in the data and the applicable use restrictions in this Agreement.Enderlein Garden Roses has the absolute right to terminate your access or exclude you from the Site if you use the Site or Services to violate the intellectual property rights or other rights of third parties. You agree to indemnify and holdEnderlein Garden Roses harmless for any violation of this provision.
External Links. From time to timeEnderlein Garden Roses may provide links that will take you to third party web sites. These links are provided for your convenience only. If you decide to access linked web sites you do so at your own risk.Enderlein Garden Roses does not endorse or take responsibility for the content on other web sites or the availability of other web sites and you agree thatEnderlein Garden Roses is not liable for any loss or damage that you may suffer by using other web sites.
Amendment of Terms. We reserve the right to amend any Terms agreed to by you from time to time without notice. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement.
Contact.Enderlein Garden Roses is located in Boulder, Colorado, U.S.A. Any questions, comments or suggestions, including any report of violation of this Agreement should be provided to the Administrator as follows:
Terms Applicable to Registered Users
Registration. In consideration of your access to the Site and/or use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Services registration form (such information being the ôUser Dataö) and (b) maintain and promptly update the User Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, orEnderlein Garden Roses has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,Enderlein Garden Roses has the right to suspend or terminate your access to the Site and refuse any and all current or future use of the Services (or any portion thereof). To register as a User you must be 18 years or older.
Amendment of Terms. You agree thatEnderlein Garden Roses retains the right to amend these Terms and the Site, including service offerings and prices at any time, for any reason, and without notice, and the right to terminate the Site or any part of the Site. You agree to review the posting of this Agreement at Enderlein Garden Roses periodically to be aware of such changes. Your continued use of the Site constitutes acceptance of any amendments, additions, or modifications to this Agreement. Any amendments or modifications made byEnderlein Garden Roses shall be prospective only. You will be bound by all such modifications, whether or not you have notice thereof. If you continue to use the Services once you have been notified of the changes to these Terms, you will be deemed to have accepted those changes.
Site License. Subject to these Terms,Enderlein Garden Roses grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site, including but not limited to the right to use, but not to reproduce or distribute, any materials made geneEnderlein Garden Roses available to all other Users of the Site (ôMaterialsö). This license is exclusive to you and you may not sublicense the use of the Site or Materials or provide, disclose, distribute, transfer, or otherwise make available the Site or the Materials to any individuals or entities thatEnderlein Garden Roses has not specifically authorized to receive access to the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or the Materials or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of this Agreement for any reason.
User Conduct. The Service may include information, views, opinions and recommendations of individuals and organizations of interest to Users and the software community. We assume no responsibility for the accuracy, currency, completeness or usefulness of information in any Material and we do not endorse any opinions or recommendations posted by registered Users. You should exercise discretion and skepticism before relying on information in messages or submissions, since it may be incorrect or misleading. If you rely on information posted by other Users you do so solely at your own risk. We do not review, screen or edit ôcommentsö posted by users. Nonetheless, we reserve the right to monitor, not to post or remove any information transmitted or received through the Site or the Service, or to terminate your access and use of the Service, at any time, without notice, in our sole discretion. It is Usersĺ responsibility to bring violations of the Terms of Service to our attention, although we do not guarantee any action based on such information. You agree that you will not use the Site:
for any illegal purposes or submit, post, upload, or otherwise transmit any content through the Services (ôUser Contentö) that is unlawful, defamatory, libelous, invasive of anotherĺs privacy, abusive, threatening, harassing, vulgar, obscene, indecent or otherwise objectionable;
to submit, post, upload or otherwise transmit any User Content that infringes or otherwise violates the rights of any third party, including without limitation privacy rights, fiduciary rights and proprietary rights;
to submit, post, upload or otherwise transmit User Content that contains viruses, corrupted files, or any other similar software or programs that may damage the operation of anotherĺs computer;
to advertise or offer to sell any goods or services or use the Site or Materials for any commercial purpose;
for the transmission of or to conduct, display, or forward surveys, contests, pyramid schemes, junk mail, ôspam,ö chain letters or other similar communications;
to impersonate, or otherwise misrepresent your affiliation with, any other person or entity;
to falsify or delete any attributions, legends, or other proprietary designations of the origin or source of any content appearing on the Site or contained in a file that is uploaded;
collect or store personal data about other users; or violate any applicable local, state, federal, or international law or regulation;
to Provide false information on your registration form, or impersonate someone else.
User Content. By posting or providing any User Content, you represent that you have all required rights and permissions to do so.Enderlein Garden Roses does not claim ownership rights in any User Content. You grant toEnderlein Garden Roses a non-exclusive, royalty-free, perpetual, irrevocable, license to use, copy, distribute, and display any User Content provided by you.Enderlein Garden Roses reserves the right to remove, delete, move or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of the law, including but not limited to copyright or trademark law, or otherwise unacceptable. This license includes the right forEnderlein Garden Roses to post the User Content in any web log and to copy, archive, distribute, transmit, display, edit, translate and reformat any User Content, and/or to incorporate it into a collective work, database or archive. You are entirely responsible for all User Content andEnderlein Garden Roses will not be liable for any such User Content. You agree to indemnify and holdEnderlein Garden Roses harmless for any violation of this provision.
Third Party Software and Linking. Although we may make software, hyperlinks, and other products of third-party companies available to you, your use of such products is subject to the respective terms and conditions imposed by the third party owning, manufacturing or distributing such products, and the agreement for your use will be between you and such third party.Enderlein Garden Roses makes no warranty with regard to the products or website of any other entity.Enderlein Garden Roses has no control over the content or availability of any third-party software or website. In particular, (a)Enderlein Garden Roses makes no warranty that any third-party software you download or website you visit
will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses and (b)Enderlein Garden Roses notifies you that it is your responsibility to become familiar with any websiteĺs privacy and other policies and terms of service, and to contact that siteĺs webmaster or site administrator with any concerns.
Monitoring of Content.
You understand thatEnderlein Garden Roses can access and disclose information or otherwise
provide access to third parties for the following reasons:
to send an e-mail message to you upon your request;
to maintain the Site and to develop new and useful features and services;
to follow a court order, subpoena, complaint or a lawful request from governmental authorities;
to enforce these Terms;
to respond to claims that any User Content violates the rights of third-parties;
to respond to your requests for customer service; and
to protect the rights, property, or personal safety ofEnderlein Garden Roses, its users and the public.
Suspension and Termination of Access and Membership.Enderlein Garden Roses reserves the right to suspend or terminate your access to and/or use of the Site and remove and discard any User Content at any time, without notice, for any reason, including but not limited to the following: Breach of these Terms, including policies or guidelines set forth byEnderlein Garden Roses elsewhere; Conduct thatEnderlein Garden Roses believes is harmful to other users ofEnderlein Garden Roses or the business ofEnderlein Garden Roses or other third party information providers.
Further, you agree thatEnderlein Garden Roses shall not be liable to you or any third party for any termination of your access to the Site.Enderlein Garden Roses reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Enderlein Garden Roses shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services.