1. Governing Law and Jurisdiction

The laws of the State of Indiana govern these Terms and your use of the Site and the Content, without giving effect to its conflict of laws provisions. By accessing the Site You agree to submit to the jurisdiction of the State of Indiana and agree that it shall serve as the exclusive venue for any disputes relating to the Site. You further agree to waive any defense of inconvenient forum in connection with the maintenance of any action or proceeding so brought.

  1. Copyright Agent

If You believe the Content on the Site infringes upon your copyright rights, please forward the following information to the Copyright Agent, identified below:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of each and every of the exclusive rights that are allegedly infringed;
  • Identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
  • Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit Bloomington Brands to locate the material;
  • Information reasonably sufficient to permit Bloomington Brands to contact You, such as an address, telephone number, and, if available, an email address;
  • A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of each of the owners of the exclusive rights that are allegedly infringed.

The Copyright Agent for notice of copyright infringement on the Site and mailing address is as follows:

Attn: Manager, Bloomington Brands, LLC

101 West Kirkwood Avenue, Suite 314,

Bloomington, IN 47404

You acknowledge that if You fail to comply with all the above requirements, your notice may not be valid.

  1. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS, THE SITE (INCLUDING ANY SERVICES PROVIDED ON THE SITE), OR THE CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

  1. Waiver and Severability

No waiver by Bloomington Brands of any term or condition set forth in these Terms shall constitute a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bloomington Brands to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held to be invalid, void, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remainder of the provisions will continue in full force and effect.

  1. Remedies

At its option, Bloomington Brands may seek all remedies available to it in these Terms, under law and in equity, including injunctive relief in the form of specific performance to enforce these Terms of Use and any additional instructions, guidelines or policies issued by Bloomington Brands (including those posted on the Site).

  1. Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between You and Bloomington Brands with respect to the Site unless a separate agreement is entered into and executed by both You and Us, and that expressly incorporates these Terms by reference. These Terms supersede all prior and contemporaneous understandings, agreements, representations and warranties, written or oral, regarding the Site.

©2018, Bloomington Brands, LLC. Worldwide Rights Reserved. (PlantersPlace, PlantersPlace.com, PlantersPlace.com Images, PlantersPlace.com Website Design, and PlantersPlace.com Code are the intellectual property of Bloomington Brands LLC and are the protected, in the United States and abroad, by copyright, trademark, trade name, design, and other intellectual property regimes.)

©2018, The Scotts Miracle-Gro Company. Worldwide Rights Reserved. (Osmocote, Osmocote Plant Food, Osmocote Smart-Release Plant Food, Osmocote Images, Osmocote Packages, Osmocote Labels, and Osmocote Product Materials are the intellectual property of The Scotts Miracle-Gro Company or its affiliates and are the protected, in the United States and abroad, by copyright, trademark, trade name, design, and other intellectual property regimes.)

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