The Scotts Company Website Terms of Use

Terms and Conditions

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Website without the written permission of The Scotts Company. The Scotts Company neither warrants or represents that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with The Scotts Company.

While The Scotts Company uses reasonable efforts to include accurate and up to date information in the Website, The Scotts Company makes no warranties or representations as to its accuracy. The Scotts Company assumes no liability or responsibility for any errors or omissions in the content of the Website, including the accuracy, completeness, timeliness, reliability or availability of any information you receive as a results of your use of the Website.

Your use of and browsing in the Website are at your risk. Neither The Scotts Company nor any other party involved in creating, producing or delivering the Website is liable for any direct, incidental, consequential, indirect, special or punitive damages arising out of your access to, or use of, the Website. Without limiting the foregoing, everything on the website and data available to you through the Website is provided to you "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Please note that some jurisdictions may not allow the exclusions of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. The Scotts Company also assumes no responsibility, and shall not be liable, for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Website or your downloading of any materials, data, text, images, video or audio from the Website.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as , non confidential and non-proprietary. Anything you transmit or post may be used by The Scotts Company or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, The Scotts Company is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to developing, manufacturing and marketing products using such information.

Images of people or places displayed on the Website are either the property of, or used with permission by, The Scotts Company. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Website. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The trademarks, logos and service marks (collectively "Trademarks") displayed on the Website are registered and unregistered Trademarks of the Scotts Company and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of the Trademark owner. Your misuse of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that The Scotts Company will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of criminal prosecution.

The Scotts Company has not reviewed all the sites linked to the Website and is not responsible for the content of any other sites linked to the Website. Your linking to any other off-site pages or other sites is at your own risk, and its subject to these Terms and Conditions.

Although the Scotts Company may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Website. The Scotts Company is under no obligation to do so and assumes no responsibility of liability arising from the content of any such locations, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or otherwise violate a law. The Scotts Company will fully cooperate with any law enforcement authorities or court order requesting or directing The Scotts Company to disclose the identity of anyone posting any such information or materials.

Scotts Australia may at any time revise or delete the contents of the Website, including these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound, The Scotts Company reserves the right to revoke your access to the Website.

These Terms and Conditions are the only understanding and agreement we have regarding your use of the Website. It supersedes all other communications or agreements we may have had prior to this Agreement.

These Terms and Conditions are governed and construed in accordance with the laws of Australia and any disputers are to be decided by the Courts of Australia.