Thank you for visiting the BAM-FX® Gardener’s Choice® Website (the “Website”). The Website is offered as an information service. We at BAM Agricultural Solutions Inc. and BAM-FX Gardener’s Choice want each visitor to the Website (“you”) to have a useful and informative visit, and we have established the following Terms of Service and Conditions of Use (“Agreement”) so that we (each) know what to expect from each other.
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAM Agricultural Solutions Inc. and BAM-FX® Gardener’s Choice®. IN USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN.
Except for public domain materials, this Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the Website is the proprietary information of the BAM Agricultural Solutions Inc. and BAM-FX Gardener’s Choice and its content providers, and that BAM Agricultural Solutions Inc. and BAM-FX Gardener’s Choice and its content providers retain all right, title, and interest in the content. You have a nonexclusive, nontransferable, limited, revocable right to use the Website solely for your personal educational and informational use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. The copying, redistribution, use or publication by you of any part of the Website, except as allowed herein, is strictly prohibited without our express prior written consent.
You are granted a limited license to print copies of any content posted at the Website, but only for your personal use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta tags on any other website is also strictly prohibited. You may not display the Website or portions thereof by framing or in any other manner without our express written permission. You may, however, establish ordinary non‑commercial links to our Website without our written permission. You agree to cooperate with us to cause all unauthorized co‑branding, framing or linking to immediately cease.
Confidentiality and Security
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk. We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
What We Do With Confidential Information
We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal recordkeeping, (2) to improve our Programs, Products, Services or Program Materials, (3) to periodically send promotions about new Programs, Products or Services or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customize the respective Programs, Products or Services you purchase or use according to your interests and/or (6) for support or communication related to your Program, Product, Service or Program Materials.
All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver e-mail or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information.
When We Can Disclose Confidential Information
Viewing by Others
Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Programs, Products, Services, or Program Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, heard, collected and used by others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.
We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Programs, Products, Services or Program Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Programs, Products, Services or Program Materials. View cookies policy >
To use certain features of our Programs, Products, Services, or Program Materials, you may be issued a group username and password or a unique individual username and password, which you will receive through your registration and/or purchase process. You may be able to change to username and/or password of your choosing. You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You are not permitted to share your username and/or password with anyone. If we learn you have shared your username and/or password with another person, we reserve the right to immediately terminate your access to the Program, Product, Service, Program Materials, Website, private forum, Facebook group or any other related communication. It is your responsibility to protect your own password from disclosure to others. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. You are responsible for activities that take place using your password(s) and within your account. If you share your password(s) with anyone, they may be able to obtain access to your personal information at your own risk. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. By using our Programs, Products, and Services, you agree to enter true and accurate information as part of the registration, purchase process and otherwise. If you enter a false email address, we have the right to immediately deactivate your account. We will use our best efforts to keep your password(s) private and will not otherwise share your password(s) without your consent, except as necessary when the law requires it or in the good faith belief that such action is necessary, particularly when disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others or interfering with our rights or property.
Operating Policies and Conduct Guidelines
You agree to comply with the operating policies and conduct guidelines set forth herein, which are the rules that govern your use of the Website as they are amended from time to time. Your failure to observe any of the limitations or obligations may under certain circumstances, result in civil or criminal liability.
Your privilege to use this Website and contribute to online discussions, to the extent available, depends on your compliance with these operating policies and conduct guidelines. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these policies and guidelines if violations are brought to our attention.
You acknowledge that all comments or content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
By using this Website, you agree not to:
- disrupt or intercept the information posted on this Website;
- circumvent any security features of this Website;
- intercept or attempt to intercept email or other private communications not intended for you;
- upload files that contain a virus or corrupted data;
- use the Website in a manner that adversely affects the availability of its resources to other Website users.
- upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
- solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or access or attempt to access another user’s account without his or her consent; or
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
By using this Website, you agree to abide by all applicable, local, state, federal and international laws, rules and regulations.