Disclaimer

General Disclamer

Earthworm Lawn and Garden, including any current or future affiliated companies makes available any and all information, materials, services and products on this website (The "Site"), subject to the following terms and conditions. The availability or display on the site of information, materials, services and products does not confer or convey any rights or create any license except strictly as may be expressly provided in these terms and conditions.

By accessing this site, you agree to the terms and conditions stated in or incorporated by reference by this legal notice.

Portions of the site may contain or display information and other material supplied by third parties and is subject to their rights separate from the rights of Earthworm ("Third Party Content"). You agree to comply with all copyright notices, information, licensing terms or other restrictions. Earthworm makes no warranty either express or implied, statutory or otherwise with regard to accuracy or truth regarding Third Party Content and cannot be held responsible for any liability resulting from said content contained within the site.

Earthworm and any of its third party suppliers reserve the right to change any terms and conditions from time to time at their sole discretion.

Submission of Third Party Content

By submitting your information and or comments to Earthworm, you agree to the following, with no exceptions expressed or implied.

All remarks, suggestions, ideas, graphics, or other information communicated by you ("You" and "Your") to Earthworm through this site (Collectively, the "Submission") will forever be the property of Earthworm. Earthworm will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, technical, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future Earthworm products, promotions, or operations. Without limitation, Earthworm will have exclusive ownership of all present and future existing rights to the submission of every kind and nature everywhere. Earthworm is entitled to use the Submission for any commercial, advertising, promotional, or other purpose whatsoever without compensation to you or any other person sending the Submission. You acknowledge that you are responsible for whatever material you submit, and you, not Earthworm, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You hereby authorize Earthworm to use the Submission for the purpose(s) described above.

This agreement is intended by Earthworm and you to be the complete agreement on this subject matter. This agreement will not modify any obligations that Earthworm or its resellers may have to you pursuant to any other agreement in effect between the parties. This agreement will be governed under the laws of the State of Texas, excluding its conflicts of laws rules. This agreement may only be modified in writing by a duly authorized representative of Earthworm. You have caused this agreement to be executed by submission to Earthworm, and it constitutes Your agreement with all of its provisions. The effective date is as of the date Your submission is received by Earthworm.

Disclaimers, Limitations, Exclusions

Disclaimer of Warranties. Neither Earthworm nor it's Licensors or Suppliers warrant that the site will be uninterrupted or error free. Earthworm AND ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO (1) THE SITE, ANY THIRD PARTY SITE (COLLECTIVELY, "THE SITES") AND (2) ANY CONTENT INCLUDING WITHOUT LIMITATION, THIRD PARTY CONTENT, Earthworm DOCUMENTS AND OTHER CONTENT (COLLECTIVELY, "ALL CONTENT"). THE AVAILABILITY OF ALL CONTENT DEPENDS ON MAY FACTORS, INCLUDING Earthworm'S CONNECTION TO THE INTERNET, THE AVAILABILITY OF THE INTERNET AND THE INTERNET BACKBONE, AND EQUIPMENT THAT, BY ITS NATURE, IS NOT FAULT TOLERANT. Earthworm AND ITS LICENSORS MAKE NO GUARANTEE OF ACCESS OR ACCURACY OF ALL CONTENT. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY OR COMPLETENESS OF ALL CONTENT IS ASSUMED SOLELY BY YOU.

Limitation of Liability. IN NO EVENT SHALL Earthworm OR ITS LICENSORS OR SUPPLIERS HAVE ANY LIABILITY FOR ANY LOST PROFITS OR LOST DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY TO YOU. THESE LIMITATIONS SHALL APPLY WHETHER OR NOT Earthworm OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THE FOREGOING LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK.

Linked Sites. Earthworm assumes no responsibility for errors or omissions in the information or software or other documents which are referenced by or linked to this site. References or links to other parties' World Wide Web sites, or such parties' activities, services and products, are provided "as is" without warranty of any kind, either express or implied. Any such links are provided only as a convenience, and the inclusion of a link to a particular sites does not imply that Earthworm endorses or has investigated or verified the content of the site.

Errors and Changes. The Site may contain technical, factual, typographical or other inaccuracies or error, and which may include errors in software embedded in the Site or offered for download. Earthworm may at any time make corrections, improvements and changes to the information, service(s), software or other product(s) provided or described in the Site, and reserves the right to remove any of them at any time without notice.

Information Disclosed. Information disclosed under the corporate and securities laws of jurisdictions applicable to Earthworm is not intended to be in any way qualified, amended, modified or supplemented by the information otherwise available in , through or on The Site. Earthworm makes no representation that materials or information available on the Site are appropriate or available for use in other jurisdictions, and accessing them from jurisdictions where their contents are illegal is prohibited.

No Confidential Information

Except strictly as may be expressly provided in a specific separate agreement between Earthworm and you, Earthworm does not want to receive confidential or proprietary information from you through this Site. Accordingly, you agree that any information or material received by Earthworm in this manner will be deemed to be not confidential.

Governing law and Jurisdiction

The Site is controlled by Earthworm from its offices within the state of Texas, U.S.A. By accessing this Site, you agree that all matters relating to your access to, or use of, This Site including its content shall be governed by the laws applicable in the State of Texas, U.S.A., without regard to the conflicts of laws principles therof. You and Earthworm also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts with jurisdiction in Texas with respect to such matters.