Terms and Conditions

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Use of this Website is Governed by these Terms and Conditions
Please review these Terms and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these Terms and Conditions, please do not use the gardenofasclepeion.com website.

Garden of Asclepeion operates this internet site located at www.gardenofasclepeion.com. ("Website") As used herein, the terms "you"; "your", and "yours"; refer to the user or registered user using this Website. The terms "Garden of Asclepeion", "we", "us", and "our" refer to the Garden of Asclepeion company and its related or affiliated companies .

These Terms and Conditions will govern your use of any new features that augment or enhance the current services (together the "Services"), however from time to time, new Services or features may be made available on this Website and you may be required to review and agree to additional terms and conditions and/or download software. Unless otherwise provided by the additional terms and conditions applicable to the new Services you use, the additional terms and conditions are hereby incorporated into these Terms and Conditions. In addition to these Terms and Conditions and any additional terms, the Garden of Asclepeion privacy policy found below (the "Privacy Policy") will govern how your personal information will be used on this Website, and together they form the agreement between you and us (the "Agreement"). Nothing in this Agreement will be deemed to confer any third-party rights or benefits. THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU.

These Terms and Conditions May Change 

Gardenofasclepeion.com reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this Website.

Communications
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to gardenofasclepeion.com shall be and remain the exclusive property of gardenofasclepeion.com. Your submission of any such Comments shall constitute an assignment to gardenofasclepeion.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. Gardenofasclepeion.com  will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.

Inaccuracy Disclaimer
From time to time there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Garden of Asclepeion reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

Use of Website By Children
Garden of Asclepeion does not sell products for purchase by children. Any children's products we may sell are for purchase by adults. If you are under 18, you may use gardenofasclepeion.com  only with the involvement of a parent or guardian.
In cases where you have authorized a minor to use the Website, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the Website; and (iii) the consequences of any misuse by the minor. You acknowledge that Garden of Asclepeion has no obligation to monitor the content accessible on or through the Website.

Copyright Notice
All of the Content you see and hear on the gardenofasclepeion.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Garden of Asclepeion. The Content of this Website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non-commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.

No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Gardenofasclepeion.com reserves complete title and full intellectual property rights in any Content you download from this Website.

Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from Garden of Asclepeion.

Garden of Asclepeion User Contributed Content Policy
The Garden of Asclepeion website (www.gardenofasclepeion.com) and social media sites (including, but not limited to, Facebook, Instagram) (collectively the "Sites") may provide opportunities for you to post or store content in the form of text, artwork, photographs, videos and or music on the Sites ("User Content"). User Content is publicly accessible and includes your social media profile information and any content you post pursuant to your profile, but it does not include information you submit to register with or order Garden of Asclepeion products from www.gardenofasclepeion.com. Garden of Asclepeion is not obligated to maintain any User Content in confidence. You agree that you are solely responsible for your User Content and that you post such User Content at your own risk.

By submitting or posting User Content on the Sites, you grant Garden of Asclepeion a worldwide, nonexclusive, royalty free, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Sites and on third-party sites. Our license to use your Contributions is fully paid and royalty free, meaning we do not owe you anything else in connection with our use of your Contributions.

By submitting or posting any User Content to the Sites, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Sites any content that:

• contains any defamatory, libelous, obscene, pornographic, offensive, hateful, threatening, or inflammatory material;
• promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• advocates, promotes or assists any illegal act including, but not limited to, violence or computer misuse, or the infringement of the intellectual property rights;
• contains viruses, corrupted data, or other harmful, disruptive, or destructive files;
• is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Is threatening, abuses or invades another's privacy, or is likely to harass, upset, embarrass, alarm, or annoy any other person, all as determined in our sole discretion;
• is likely to deceive any person or be used to misrepresent your identity or affiliation with any person;
• gives the impression that it emanates from Garden of Asclepeion, if this is not the case; and/or
• contains anything that, in Garden of Asclepeion's sole determination, is objectionable or inhibits any other person from using or enjoying the site, or which may expose Garden of Asclepeion or the users of the Sites to harm or liability of any kind.

Should you wish to remove any User Content that you have posted, please contact: 

Garden of Asclepeion 

125 Forest Avenue #10746

Portland, ME 04104  

E-mail: gardenofasclepeion@outlook.com

Garden of Asclepeion reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Sites at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Content you post or store on the Sites at your sole cost and expense.

By posting User Content to the Sites, you represent and warrant that (a) such User Content is non-confidential; (b) you own and control all of the rights, title and interest in and to the User Content or you otherwise have all necessary rights to post and use such User Content to the Sites and to grant the rights to Garden of Asclepeion that you grant in these Terms; (c) the User Content is accurate and not misleading or harmful in any manner; and (d) the User Content, and your use and posting thereof in connection with the Sites, do not and will not violate these Terms or the terms and conditions of use of the Sites, or any other applicable Garden of Asclepeion terms, guidelines or policies or any applicable law, rule or regulation.

Social Media Agreement
WHEN YOU SUBMIT CONTENT (INCLUDING BUT NOT LIMITED TO, PHOTOS, TEXTS, ARTWORK AND MUSIC) (CONTENT) TO THE GARDEN OF ASCLEPEION WEBSITE (www.gardenofasclepeion.com) OR ANY GARDEN OF ASCLEPEION MAINTAINED SOCIAL MEDIA SITE (A SITE), YOU AGREE TO BE BOUND BY THESE TERMS.

This Social Media Agreement incorporates by reference Garden of Asclepeion Website Terms and Conditions of Use and Privacy Policy. In the event of any conflict or inconsistency between these Terms and the Website Terms and Conditions of Use or Privacy Policy, these Terms will prevail, govern and control with respect to the Content.

1. You represent and warrant that (a) you are at least 18 years old; (b) you own and control all right, title and interest in and to the Content or you otherwise have all rights, permissions and consents necessary to post and use such Content and grant the license being granted hereunder (including, but not limited to, the right to use names, images and likenesses of any third party referenced or appearing in the Content); and (c) Garden of Asclepeion's use of the Content will not give rise to any claims for any payment whatsoever, including, but not limited to, claims for royalties, re-use fees or residuals. The Content also includes any profile information you allow Garden of Asclepeion to access from third party social media platforms (such as Instagram, Twitter, and Facebook) in accordance with the authorization procedures determined by the platform.
2. You hereby grant to Garden of Asclepeion a non-exclusive, royalty-free, worldwide, perpetual, irrevocable and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display the Content you submit, in whole or in part, in any and all media, now known or hereafter devised, including without limitation on Garden of Asclepeion's website and social media accounts, on or in any online, mobile or other digital platforms owned, controlled or licensed by or on behalf of Garden of Asclepeion (including websites, apps and e-mail), for any purpose, including for advertising, marketing, promotional and publicity purposes. Without limiting the generality of the foregoing, this license includes, and you expressly consent to, Garden of Asclepeion's right to use and publicly display your name, image, likeness and persona. Nothing in this license requires Garden of Asclepeion to use or publish your Content in any specific way or on a specific platform or use or publish your Content at all.
3. You agree that any statements, remarks or claims contained or depicted in your Content will reflect your honest views and experiences. When referencing or depicting brands, products or services in your Content, you further agree to disclose any material connections you may have with Garden of Asclepeion or other third-party brands or sellers (such as if you are an employee, paid blogger or recipient of free products/services). You also agree to provide supporting information or documentation related to these statements, remarks, claims, views and experiences at Garden of Asclepeion's request.
4. You agree to sign and deliver documents and take any other actions reasonably requested by Garden of Asclepeion to effectuate, perfect or evidence the license and rights granted in these Terms.
5. You agree that you will not submit Content that (a) infringes the rights of any other person or entity, including without limitation any patent, trademark, trade secret, copyright, right of publicity, right of privacy or any other right of another person or entity; (b) includes material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, violent, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (c) displays, describes or encourages the use of a product or service that could be offensive, inappropriate or harmful or depicts the a product being used in a manner that is contrary to any instruction or warnings relating to the product; (d) makes or includes statements, claims or depictions about a person, company, product or service that are false or misleading.
6. To the fullest extent allowed by law, you hereby release Garden of Asclepeion and its employees, contractors, sponsors or any other person acting under Garden of Asclepeion's permission or authority, from any liability, claim, damage, judgment, cost, loss, expense (including reasonable attorneys fees), by virtue of any publication or use of the Content you submit or the name, image, likeness, persona or other information you provide in connection with such Content. Finally, you acknowledge that, with respect to any claim relating to or arising out of Garden of Asclepeion's actual or alleged exploitation or use of any Content submitted, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of any production or other materials based on or allegedly based on the Content, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
7. These Terms, including the Garden of Asclepeion online Terms and Conditions of Use and Privacy Policy and any other policies or agreements expressly incorporated by reference therein, constitutes the entire agreement between you and Garden of Asclepeion in relation to the Content you're licensing. If a court finds any provision of these Terms to be unreasonable or unenforceable in any respect, you agree that these Terms will nonetheless be enforced to the maximum extent to which they are found by the court to be legally enforceable.
8. These Terms will be governed by applicable federal law and the laws of the State of Maine, without reference to its choice of law rules. Nothing herein will be interpreted as a waiver of Garden of Asclepeion's rights to the Content under federal and state common law and statutes (such as rights of public domain and fair use).

Effective: September 25, 2022 

Last Reviewed: September 14, 2022