TERMS OF SERVICE FOR GARDENWEB NETWORK

LAST REVISED: As of January 24, 2006

1. Acceptance of Terms of Service

The GardenWeb Network is provided free of charge to you (unless otherwise indicated) by iVillage Inc. and its subsidiaries and affiliates that utilize these Terms of Service ("iVillage"). "GardenWeb Network" is defined as those websites controlled and/or operated by iVillage that include a link to these Terms of Service, and includes but is not limited to, the websites located at the following URLs (including all content, services, products, features or tools appearing on such websites): www.gardenweb.com, www.nygardener.com, www.nature.net, www.thsgardenweb.com, www.gardenbazaar.com, www.gardencalendar.com, www.rosarian.com, www.wild-flowers.com, and www.kitchengardener.com. Although portions of the GardenWeb Network may be viewed simply by visiting websites on the Network, you will need to register as a member of the GardenWeb Network to post messages in the forums and certain other services. Whether you visit a GardenWeb Network website without registering or whether you register as a member of any GardenWeb Network website, these Terms of Service will govern your use of the GardenWeb Network (including any websites on the Network) and all content, services, products, features and tools, including your personal website, exchange page and journal, provided in connection with the GardenWeb Network. BY VISITING THE GARDENWEB NETWORK OR COMPLETING THE MEMBER REGISTRATION PROCESS AND SELECTING THE "SUBMIT REGISTRATION" OPTION, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE, AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. iVillage shall not be liable to you for any breach of these Terms of Service. If you do not agree to these Terms of Service, please do not visit or register for any websites on the GardenWeb Network.

From time to time iVillage may supplement these Terms of Service with additional terms pertaining to specific content, services, products, features or tools ("Additional Terms"), which Additional Terms may be placed on the GardenWeb Network to be viewed in connection with the specific content, services, products, features or tools and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. In addition, from time to time iVillage may amend or otherwise modify these Terms of Service, as set forth in Section 4 below.

Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise) or any other form of transfer of any portion of the GardenWeb Network, including but not limited to all content, services, products, features or tools, is hereby expressly prohibited.

2. Registration Information/Privacy Policy

When you register for the GardenWeb Network, you will be required to provide iVillage with at least the following information: your name, e-mail address, country, state, zip code, birthday, gender, member name and password. You may choose to access your membership record to provide the GardenWeb Network with additional information or change your personal information entered during registration.

Any personally identifiable information provided by you or gathered by iVillage from you during any visit by you to the GardenWeb Network shall be subject to the terms of GardenWeb Network.s Privacy Policy, which are incorporated herein by reference. Click here if you wish to read GardenWeb Network's Privacy Policy. iVillage reserves the right to offer products and services of iVillage and of affiliated and unaffiliated third parties to you in accordance with the terms of GardenWeb Network.s Privacy Policy.

iVillage further reserves the right to (i) terminate your membership in the GardenWeb Network and/or your access to any specific content, services, products, features or tools and (ii) block, remove access to or delete your personal website, exchange page and journal from and through the GardenWeb Network, if iVillage learns or suspects in its sole discretion that you have provided iVillage with false or misleading registration information, or if you have created multiple membership accounts.

3. Termination

iVillage reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your membership with or your access to the GardenWeb Network (or any portion thereof) and/or any other content, services, products, features or tools provided to you in connection with the GardenWeb Network, including but not limited to your personal website, exchange page and journal.

4. Modifications of these Terms of Service

iVillage may amend or otherwise modify the Terms of Service from time to time in its sole discretion. The Terms of Service will be available through links placed throughout the GardenWeb Network. Please check before accessing GardenWeb Network features to determine whether a change has been made to these Terms of Service. You can tell when iVillage last updated the Terms of Service by checking the "Last Revised" date at the beginning of the Terms of Service. If you do not agree to these changes in the Terms of Service as they may occur, you must (i) discontinue your use of the GardenWeb Network and (ii) if you are a GardenWeb Network member, arrange to cancel your membership immediately by notifying iVillage that you are canceling your membership by sending an email to gwfeedback@mail.ivllage.com. YOUR CONTINUED USE OF THE GARDENWEB NETWORK FOLLOWING ANY CHANGES TO THESE TERMS OF SERVICE WILL SIGNIFY YOUR ACCEPTANCE OF ANY SUCH CHANGES.

5. Modifications of the GardenWeb Network

iVillage may modify or discontinue the GardenWeb Network, or any portion thereof, or any content, services, products, features or tools related thereto, with or without notice to you and without liability to you or any third party, except as otherwise expressly provided herein.

6. Guidelines

You alone are responsible for the content of your messages posted to or otherwise made available through or in connection with the GardenWeb Network and for any consequences of such messages. You agree to abide by the following guidelines, and iVillage reserves the right to terminate your access to and/or membership in the GardenWeb Network if iVillage becomes aware, learns or suspects, in its sole discretion, that you are violating any of the following guidelines:

  • Any use by you of any other member.s or site visitor.s information, personal or otherwise, for any purpose, commercial or otherwise, or to obtain direct financial gain (e.g. mass marketing) is prohibited. Any such use shall be deemed to be a violation of these Terms of Service. The GardenWeb Network is to be used by you for your personal use only. Commercial uses of the GardenWeb Network are strictly prohibited unless prior written consent from iVillage has been granted.
  • You agree that you will not use information gathered from or in connection with the GardenWeb Network for chain letters, research study or survey solicitations, junk mail, "spamming," commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list. You further agree not to harvest or collect information about visitors to the GardenWeb Network without their express consent.
  • You agree not to send via the GardenWeb Network or post on forums or any other place on the GardenWeb Network any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, gives rise to civil liability, otherwise violates any applicable local, state, national or international law or regulation, or encourages the use of controlled substances. For purposes of the immediately preceding sentence, "masked" vulgarity, obscenity or profanity (e.g. "f*ck") is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the GardenWeb Network.
  • You agree not to make postings of a commercial nature;
  • You agree not to use the Exchanges to solicit donations, ask for free plants or seeds, or ask for items in exchange for postage, including requests for Self Addressed Stamped Envelopes. All requests must be in the context of arranging a trade. All Exchanges are restricted to users from a particular country, region or state. If not indicated otherwise, the Exchanges are restricted to residents of the U.S. To find an exchange for your location, you may refer to the Exchange Index. Each post to an Exchange must have a type of trade, subject and a message.
  • Trading is done at your discretion. GardenWeb has no control over or responsibility for trades arranged. Messages addressed to or meant for particular users should be sent via email and are not allowed in the Exchanges.
  • If you have trouble with another person coming through with their end of a trade, you must deal with it privately and not through the forums. Any public accusation in the forums, or elsewhere on the GardenWeb Network, will result in the accuser being banned.
  • You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of iVillage. You further agree not to use an inappropriate member name of any kind.
  • You agree not to restrict or inhibit any other visitor from using the GardenWeb Network, including, but not limited to, by means of "hacking," "denial of service" attacks or defacing any portion of the GardenWeb Network.
  • You agree not to express or imply that any statements you make are endorsed by us, without our prior written consent.
  • You agree not to modify, adapt, sub-license, translate, sell, transfer, reverse engineer, decompile or disassemble any portion of the GardenWeb Network.
  • You agree not to "frame" or "mirror" any part of the GardenWeb Network without our prior written authorization.
  • You agree not to tamper in any way with the software or functionality of the GardenWeb Network, including, but not limited to, transmitting or posting any software or other materials to the GardenWeb Network that contains any viruses, time bombs, Trojan horses, worms, cancelbots or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information.
  • You agree not to use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the GardenWeb Network or its contents.
  • You agree not to create a database by systematically downloading and storing all or any of the information on the GardenWeb Network.
  • You agree not to permit others, including those whose membership have been terminated, to access this website through your membership account or password.
  • You agree not to create multiple memberships and/or memberships for another individual. Each individual must create his or her own membership.
In addition, while accessing or using the GardenWeb Network, you agree to comply with all applicable laws, rules and regulations.

7. Rights in Content

You acknowledge that (i) iVillage permits access via the GardenWeb Network to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the GardenWeb Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that any information, software, images or any other content on the GardenWeb Network is not protected by Rights rests with you. You acknowledge that iVillage may acquire Rights to use any posted materials as described below and that you will not acquire any of those Rights by downloading such materials.

By submitting content, which shall include your member name, to any "public area" of the GardenWeb Network, including, but not limited to, the forums and your personal website, exchange page and journal, you grant iVillage a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense, assign, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. If you are not the creator of such content, you also warrant that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any visitor or member to access, display, view, store and reproduce such content solely for personal, noncommercial use.

8. Third Party

You may order services or merchandise through the GardenWeb Network from third parties not affiliated with iVillage ("Seller"). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. iVillage makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider iVillage, nor will iVillage be construed as, a party to such transactions, whether or not iVillage may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.

iVillage may include special routing icons which may be located within the GardenWeb Network, the activation of which will allow you to access and learn more about iVillage and other services provided by iVillage whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.

9. Registration and Password

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree not to permit others, including those whose accounts were terminated, to access the GardenWeb Network through your membership, username or password. You agree to immediately notify iVillage of any unauthorized use of your registration or password.

10. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by GardenWeb Network infringe your copyright, you (or your agent) may send iVillage a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow iVillage to locate the material on the GardenWeb Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send iVillage a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Legal Affairs, iVillage Inc., 500 Seventh Avenue, 14th Floor, New York, New York 10018, 212-600-6000, DMCANOTICE@mail.ivillage.com. iVillage suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.

11. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE GARDENWEB NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, PRODUCTS, FEATURES AND TOOLS USED AND/OR PRODUCTS OR SERVICES ACCESSED OR PURCHASED THROUGH THE GARDENWEB NETWORK, IS AT YOUR SOLE RISK. THE GARDENWEB NETWORK IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IVILLAGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE.

IVILLAGE MAKES NO WARRANTY THAT THE GARDENWEB NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO OR USE OF THE GARDENWEB NETWORK, INCLUDING BUT NOT LIMITED TO, YOUR TRANSMISSION OF MESSAGES THROUGH GARDENWEB NETWORK FORUMS OR OTHER MESSAGING TOOLS, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE OR THAT THE SERVERS ON WHICH THE GARDENWEB NETWORK IS HOSTED OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DOES IVILLAGE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GARDENWEB NETWORK. IVILLAGE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE GARDENWEB NETWORK.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE GARDENWEB NETWORK IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

YOU UNDERSTAND AND AGREE THAT IVILLAGE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PURPOSE OF ANY INFORMATION PROVIDED BY IVILLAGE OR OTHER GARDENWEB NETWORK MEMBERS IN CONNECTION WITH THE GARDENWEB NETWORK. IVILLAGE IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER IVILLAGE, THE GARDENWEB NETWORK NOR THE GARDENWEB NETWORK.S VISITORS AND MEMBERS, WHILE SUCH VISITORS AND MEMBERS ARE PARTICIPATING IN THE GARDENWEB NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. IVILLAGE ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

IVILLAGE SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE GARDENWEB NETWORK, ITS CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS. YOUR PARTICIPATION IN THE GARDENWEB NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IVILLAGE OR THROUGH THE GARDENWEB NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

IVILLAGE MAKES NO WARRANTY REGARDING ANY CONTENT, SERVICES, PRODUCTS, FEATURES, TOOLS OR SERVICES PURCHASED OR OBTAINED, THROUGH THE GARDENWEB NETWORK OR REGARDING ANY TRANSACTIONS ENTERED INTO THROUGH THE GARDENWEB NETWORK.

IF IVILLAGE AND/OR IVILLAGE.S COMMERCE PARTNERS SEND E-MAIL MESSAGES TO YOU CONTAINING ADVERTISEMENTS, PROMOTIONS OR OTHER COMMERCIAL MESSAGES, NEITHER IVILLAGE NOR SUCH COMMERCE PARTNERS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE CONTENT OF ANY SUCH E-MAIL MESSAGES OR WITH RESPECT TO ANY GOODS OR SERVICES WHICH MAY BE ADVERTISED OR PROMOTED IN SUCH MESSAGES OR OBTAINED IN CONNECTION WITH SUCH MESSAGES, AND YOU AGREE THAT NEITHER IVILLAGE NOR SUCH COMMERCE PARTNERS SHALL HAVE ANY LIABILITY WITH RESPECT THERETO. BY PERMITTING ADVERTISING ON THE GARDENWEB NETWORK, IVILLAGE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENTS, AND IVILLAGE SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO SUCH ADVERTISEMENTS.

12. Limitation of Liability

YOU AGREE THAT IVILLAGE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE GARDENWEB NETWORK, OR RESULTING FROM ANY PRODUCTS, SERVICES, FEATURES AND/OR CONTENT ACCESSED, USED, PURCHASED OR OBTAINED, OR MESSAGES SENT OR RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH THE GARDENWEB NETWORK, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF IVILLAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SUCH LIMITATIONS DO NOT APPLY TO YOU, IN NO EVENT WILL IVILLAGE.S LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS OF SERVICE EXCEED THE AMOUNT YOU HAVE PAID IVILLAGE TO ACCESS THE GARDENWEB NETWORK OR TO USE SPECIFIC CONTENT, SERVICES, PRODUCTS, FEATURES OR TOOLS MADE AVAILABLE BY IVILLAGE ON THE GARDENWEB NETWORK.

13. Rules for Sweepstakes, Contests and Games

Any sweepstakes, contests or games that are accessible through the GardenWeb Network are governed by specific rules. By entering such sweepstakes or contests or participating in such games you will become subject to those rules. iVillage urges you to read the applicable rules, which are linked from the particular activity, and to review our Privacy Policy which, in addition to this Agreement, governs any information that you submit in connection with such sweepstakes, contests and games.

14. Indemnification

You agree to indemnify and hold each of iVillage, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claims, demands, damages, losses, costs including reasonable attorneys. fees, or other expenses, made by any third party due to or arising directly or indirectly out of your use of the GardenWeb Network, the violation of these Terms of Service by you, or the infringement or violation by you, or any other member or user of your account, of any intellectual property or other right of any person or entity.

15. Applicable Law

These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or accessing the GardenWeb Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in the County of New York in the State of New York.

16. Remedies for Breach of these Terms by You

In the event that iVillage determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the GardenWeb Network, iVillage reserves the right to (i) warn you via email (to any email address you have provided to iVillage) that you have violated these Terms of Service; (ii) delete any or all content provided by you to GardenWeb Network; (iii) discontinue your registration(s) with the GardenWeb Network and/or any other iVillage community; (iv) discontinue your subscription to any content, service, product, feature or tool provided or purchased through the GardenWeb Network; (v) deny you access to or restrict your use of the GardenWeb Network; (vi) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vii) any other action which iVillage deems to be appropriate.

If your registration(s) with or ability to access the GardenWeb Network, any other iVillage website and/or any other content, service, product, feature or tool provided to you by iVillage is discontinued by iVillage due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the GardenWeb Network, then you agree that you shall not attempt to re-register with or access any website controlled, owned or operated by iVillage and/or any other content, service, product, feature or tool provided by iVillage, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those services, products, content, features and/or tools to which your access has been terminated. In the event that you violate the immediately preceding sentence, iVillage reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), (v) and (vi) of this provision without any notice or warning to you.

17. Notice for California Users

Under California Civil Code Section 1789.3, residents in the State of California in the United States are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

18. Links

The GardenWeb Network may contain links to other websites and online resources. Links on the GardenWeb Network to other websites or online resources shall not be construed as endorsement, control, review or approval of such other websites or online resources by iVillage. You acknowledge and agree that iVillage shall not be held responsible for the legality, accuracy or inappropriate nature of any content, advertising, products, services or information located on or through any other websites or online resources, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. Further, the treatment of user data by the operators of third party websites may be different from iVillage.s treatment of user data. For details regarding such operators. treatment of data about users, you must review their privacy policies or terms and conditions of use or contact them for this information.

19. Miscellaneous

In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.

The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party.s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.

iVillage may assign its rights and/or obligations under these Terms of Service and upon such assignment iVillage may be relieved of any further obligation hereunder.

You represent to iVillage that you have the authority to register with or visit the GardenWeb Network according to these Terms of Service. iVillage does not encourage, solicit, or permit visitors who are known to be under the age of 13 to become a member of or visit the GardenWeb Network.

iVillage reserves the right to terminate free access to the GardenWeb Network including any or all content, services, products, features or tools, with or without notice to you. iVillage reserves the right (at iVillage.s sole discretion) to provide you with notice of such change by prominently posting a notice on the GardenWeb Network and/or sending written notice to you at any e-mail and/or post office address you have provided to iVillage. Once free access is terminated iVillage may charge each visitor or member any applicable fee, surcharge and/or membership fee for access to the GardenWeb Network and/or any for-pay content, services, products, features or tools.

These Terms of Service and any applicable Additional Terms constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of iVillage, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.