ShowMe RainGardens provides it’s services to you subject to the following Terms and Conditions of Use (hereinafter simply “Terms”). These Terms are applicable only to this Site and ShowMe RainGardens may revise them at any time by posting new Terms to this Site. If you visit or shop within this website, you acknowledge your understanding and acceptance of these Terms, so please read them carefully. By continuing to use this Site, you agree to be bound by any revisions and should therefore periodically visit this page to determine the then current Terms to which you are bound.

SOME DEFINITIONS explaining terminology used within these Terms:

  • The words "You" and "Your" refer to individuals, corporations or other business entities, and their agents, using this Site for rain garden information, goods, services, or promotion as applicable.
  • "SMRG" refers to ShowMe RainGardens
  • "We," "Our" and other first person pronouns refer to the St. Louis County Soil & Water Conservation District and/or SMRG.
  • "Site" means only the SMRG home page and associated pages directly accessible through the home page or through additional links and does not include third-party web sites.
  • “Partners” refers to SMRG sponsors and partners, including public agencies and business enterprises.

 

ELECTRONIC COMMUNICATIONS

When you visit our Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

COPYRIGHT

The rights, title and interest in all content on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are owned or licensed by SMRG or by the original creator of the material and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SMRG, with copyright authorship for this collection by SMRG, and protected by international copyright laws.

Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express permission of SMRG or the copyright owner. SMRG does not warrant that your use of information herein will not infringe the rights of third parties who are not related to SMRG.

SMRG respects the intellectual property of others and we ask our Visitors to do the same. IF YOU SUSPECT COPYRIGHT INFRINGEMENT of your or somebody else’s work, please notify us. SMRG will remove or disable references, links, or access to any material found to be infringing or found to be the subject of infringing activity.

In order for us to act upon any request, please be advised that notification must be relevant to and contain ALL of the following.

  1. A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description and, if possible, the IP address of where the material that you claim is infringing is on the Site;
  4. Your address, telephone number and e-mail address and all other information reasonably sufficient to permit SMRG to contact you;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

A statement by you, made under penalty of perjury that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices that do not meet the above will not be processed. Send notices of claimed copyright infringement to:
By Mail: ShowMe RainGardens 5124 White Oak Drive
Smithton IL 62285
By E-Mail: contact@showmeraingardens.org

 

TRADE MARKS

The trademarks, trade dress, and logos (the “Trademarks”) within this Site are registered and unregistered Trademarks SMRG or its Partners and may not be used in any manner that disparages or discredits SMRG. All other trademarks not owned by SMRG that appear on this site are the property of their respective owners. The name of SMRG or it’s associated logo may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission from SMRG.

 

LICENSE AND SITE ACCESS

SMRG grants you a limited, non-exclusive and non-transferable license to access and make personal use of this Site to copy, display, reproduce, download, or distribute the materials on this Site for personal or educational purposes ONLY and does not confer permission to download (other than page caching) or modify it, or any portion of it, except with express written consent of SMRG.

This license does not include any resale or commercial use of the Site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information: or any use of data mining, robots, or similar data gathering and extraction tools. No information held in databases within this site may be reproduced or distributed by you in any form whatsoever. Contents contained within the database are not given to any third party and you are not authorized to extract personal information about individuals from SMRG for your own personal or commercial use.

The Site or any portion it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SMRG. You may not frame or utilize framing techniques to enclose any Trademarks or other proprietary information (including images, text, page layout, or forms) of SMRG and our Partners without express written consent. You may not use any meta tags or any other "hidden text" utilizing SMRG’s name or Trademarks without the express written consent of SMRG.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the Site’s home page so long as the link does not portray SMRG, its Partners, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SMRG logo or other proprietary graphic or trademark as part of the link without express written permission. You must also comply with additional requirements related to linking to our Site listed under the LINKING TO AND FROM OTHER SITES section found in our Privacy Policy.

This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site.

 

YOUR MEMBERSHIP ACCOUNT

At any point that this Site implements User Accounts (Account), and if you use this Site in conjunction with such an Account, you are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password. If any transactions are associated with your Account and you are under 18, you may use our Site only with involvement of a parent or guardian.

SMRG and its Partners reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

REVIEWS, COMMENTS, EMAILS, MATERIALS SUBMITTED AND OTHER CONTENT

Within certain sections of the Site, Visitors may post reviews, comments, and submit materials or other content: and submit suggestions, ideas, comments, questions, or other information. You agree to use the Site in a civilized manner and agree that by using the Site you will not:

  • upload, distribute or otherwise publish any material that is illegal, libelous, threatening, defamatory, obscene, hateful, pornographic, abusive, or otherwise objectionable;
  • upload or distribute any files that contain viruses, worms, corrupted files or any other similar malicious software or programs that may be injurious to third parties;
  • harass, stalk, threaten or otherwise violate the legal rights of others;
  • post material which is invasive of privacy, infringing of intellectual property rights
  • intentionally or unintentionally violate any applicable local, state, national or international law;
  • transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
  • distribute or otherwise publish any material containing political campaigning, solicitation of funds, goods or services, commercial solicitation, chain letters, mass mailings or any form of "spam," advertising; or
  • use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content.

 

SMRG reserves the sole discretion and right (but not the obligation) to remove or edit such Material.

SMRG's Rights in Materials Submitted: If you do post content or submit material, and unless otherwise specified by You or we indicate otherwise, you grant SMRG a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from (in whole or in part), distribute, and display such content throughout the world in any media. You grant SMRG and its Partners and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SMRG or its associates for all claims resulting from content you supply. SMRG has the right but not the obligation to monitor and edit or remove any activity or content. SMRG takes no responsibility and assumes no liability for any content posted by you or any third party.

You are responsible for all Material that you post, transmit or otherwise make available on the Site. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.

 

RISK OF LOSS

SMRG assumes no responsibility and shall not be liable for any damage to, or viruses affecting your computer equipment, software, data or other property, on account of your access to this Web site or the downloading of any materials, data, text, images, video or audio from it.

SMRG assumes no responsibility and shall not be liable for any damage to landowner property. Landowners are solely responsible for ensuring the success of their own rain gardens installation and maintenance.

 

PRODUCT DESCRIPTIONS

SMRG and its Partners attempt to be as accurate as possible. However, SMRG does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SMRG itself is not as described, your sole remedy is to return it in unused condition.

 

ADVERTISEMENTS THAT MAY APPEAR ON THE SITE

Any advertisement for a product or service provided by anyone other than SMRG which appears on this Site does not constitute an endorsement, warrantee or guarantee of any such product or service by SMRG; and SMRG will not be a party to, or in any way monitor, any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

 

APPLICABLE LAW, SITE POLICIES, MODIFICATION, AND SEVERABILITY

By visiting the Site, you agree that the laws of the State of Missouri, and the United States of America, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and SMRG or its Partners.

SMRG makes no representation that materials on this Site are appropriate or available for use in all locations from which it may be viewed. Access to this Site from countries where its contents are illegal is prohibited. Those who choose to access this Site from such locations do so upon their own initiative and are responsible for compliance with applicable local laws. So far as permitted by law, the text images and information in this publication are provided "as is" without warranty of any kind, either express or implied, including but not limited to, implied warranties of quality, fitness for particular purposes or non-infringement of any third party rights. This clause does not affect your statutory rights.

Please review all our policies, such as our Privacy Policy, posted on this site. These policies also govern your visit to our Site. We reserve the right to make changes to our Site, policies, and these Terms at any time.

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

 

DISPUTES AND YOUR INDEMNIFICATION OBLIGATION

Any dispute relating in any way to your visit to this Site or to SMRG products you purchase through this Site shall be submitted to confidential arbitration in the State of Missouri, United States of America, except that, to the extent you have in any manner violated or threatened to violate SMRG’s intellectual property rights, SMRG may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri, United States of America, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

You agree to defend, indemnify and hold harmless SMRG, its members and Partners and their respective agents from and against all damages, claims and expenses, including attorneys' fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or content on the Site.