The ammasurbanhomestead.com internet website (the “Site”) is operated by Sandra House doing business as Amma’s Urban Homestead, LLC (“Amma’s Urban Homestead,” “We,” or “Us”). The purpose of the Site is to offer information about gardening in the desert southwest, do-it-yourself projects, self-sufficiency, sustainability, food preservation, recipes, and emergency preparedness. These Terms of Use (the “Terms”) are provided so that you, or your agents, associates, or other affiliates (“You”) understand the conditions for accessing and using the Site. Please read these Terms carefully. We may make changes to these Terms from time to time, so You should revisit and review these Terms regularly.

  1. Your Agreement with ammasurbanhomestead.com

By accessing or using the Site, You accept these Terms and agree to be bound by them. If You do not agree with any portion of the Terms, your only option is to discontinue use of the Site. Use of the Site indicates acceptance of its Terms.

Use of the Site is restricted to users who are eighteen (18) years of age or older, or are under the age of eighteen (18) but either (1) are otherwise capable of entering into and performing legal agreements, or (2) have the consent of a parent or legal guardian to use the Site. By using the Site, You represent and warrant that You meet at least one of the foregoing eligibility requirements. If You do not meet any of these requirements, You must not access or use the Site.

  1. Modifications

Amma’s Urban Homestead reserves the right to revise or update the Terms without notice at any time for any reason that We, in our sole discretion, deem appropriate, or for no reason at all. All changes are effective immediately upon being published on the Site and apply to all access to and use of the Site thereafter unless superseded in accordance with these Terms.

Unless otherwise specified, the version of the Terms published on this Site is the most current version and supersedes all previous versions of the Terms. Use of the Site following publishing of revised Terms on this Site means that You accept and agree to any changes contained therein.

  1. Access to the Site

Amma’s Urban Homestead reserves the right to deny or restrict access to all or part of the Site or any service or Content (as hereinafter defined) provided on the Site to anyone, or to amend, withdraw, terminate, or suspend the Site or any service or Content (as hereinafter defined) provided in or on the Site without notice at any time for any reason that We, in our sole discretion, deem appropriate, or for no reason at all.

  1. Privacy Policy

These Terms include the Site’s Privacy Policy, which is incorporated into these Terms by reference and can be accessed here: https://ammasurbanhomestead.com/privacy-policy/. By agreeing to these Terms, You agree to the Site’s Privacy policy as well, which includes the terms and conditions relevant to the Site’s collection and use of Personal Information (as defined in the Privacy Policy).

  1. Intellectual Property

The Site, including, but not limited to, all information, software or HTML code, scripts, text, artwork, photography, images, video, and audio, and the design, selection and arrangement thereof (collectively, the “Content”) are the sole property of Amma’s Urban Homestead, LLC or the agents, associates, licensees, subsidiaries, parent companies, or other affiliates of Amma’s Urban Homestead, LLC (collectively, the “Content Owners”). The Content is protected by United States or international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and the property and proprietary right in, to, extending from, or otherwise related to these legal protections are also the property of the Content Owners.

All trademarks, trade names, brand names, logos and images, service marks, and trade dress displayed on the Site (collectively, “Marks”) are the property of Amma’s Urban Homestead or the agents, associates, licensees, subsidiaries, parent companies, or other affiliates of Amma’s Urban Homestead (collectively, the “Mark Owners”). The Mark Owners retain all rights regarding their respective Marks. Nothing contained in these Terms shall be construed as conferring any license to the use of any Marks. You are not permitted to use any Mark without the prior written consent of the Mark Owners.

  1. License to Use and Access the Content

All access to and use of the Content is provided as a service to users of the Site. Subject to these Terms, Amma’s Urban Homestead grants You, to the extent permitted by the Content Owners, a limited, non-exclusive, non-sub-licensable, non-transferrable license (the “License”) to view the Content solely for your personal, non-commercial use. Under the License, You may also electronically store a reasonable portion of the Content for your personal, non-commercial use by making a single electronic copy on your computer’s hard drive, or a single copy on a disk or other media, or a single copy in printed form.

You acknowledge and agree that your use and access to the Content under the License is subject to the following restrictions:

  • (i) You may not copy, publish, distribute, perform, display, post, modify, create derivative works from, sell, license, reverse engineer, or otherwise exploit the Site or any of the Content without the prior written permission of the Content Owners;
  • (ii) You may not copy nor permit any copying of the Content except to the extent expressly permitted by these Terms, including, but not limited to, storing or archiving a significant portion of the Content or creating a database using the Content;
  • (iii) You may not remove or alter any copyright, trademark, or other proprietary rights notices from the Site or the Content, or from any copies of the Site or the Content;
  • (iv) You may not use any hardware or software intended to damage or interfere with the proper working of the Site or to surreptitiously intercept any system, data, or Personal or Anonymous Information (as defined in the Privacy Policy) from the Site;
  • (v) You may not interrupt the operation of the Site in any way; and
  • (vi) You may not to take any action that violates these Terms or otherwise restricts or limits any other person’s ability to use, access, or otherwise enjoy the Site or the Content, as determined by Amma’s Urban Homestead in its sole discretion.

Any unauthorized copying, alteration, distribution, transmission, performance, or display of the Content is prohibited. Amma’s Urban Homestead may revoke the License at any time without notice for any that We, in our sole discretion, deem appropriate, or for no reason. All rights not expressly granted are reserved by Amma’s Urban Homestead. Neither the License nor these Terms shall be construed as conferring to You any right, title, or interest in the Content. Amma’s Urban Homestead can only grant permission to use Content or other media or material that We own and control. Amma’s Urban Homestead cannot grant permission to use, reuse, or republish media or material from sources other than the Site, or media or material licensed to Amma’s Urban Homestead, or that is otherwise produced, owned, or controlled by third-party content or information providers, or third-party rights holders that are not Amma’s Urban Homestead or owned or controlled by Amma’s Urban Homestead; however, these third-party content or information providers, or third-party right holders are intended third party beneficiaries of these Terms and may exercise all rights and remedies available to them. To obtain permission from these third-party content or information providers, or third-party rights holders, You must contact them directly.

  1. Special Notice

The use of the Site address, ammasurbanhomestead.com, or the trademarks or trade names of, or other names created, owned, or controlled by Amma’s Urban Homestead, including, or the trademarks or trade names of, or other names created, owned, or controlled by any of the other Mark Owners in metatag keywords is trademark infringement, and the use of trademarks, trade names, or other names in page text, metatags, and/or hidden text for purposes of gaining higher ranking from search engines is unfair competition, all of which are prohibited.

  1. External Links to Third Party Sites

The Site may provide external links to one or more websites or resources that are not under the control of or maintained by Amma’s Urban Homestead (the “Third Party Sites”), including, but not limited to, hypertext links and links contained in advertisements, such as banner advertisements and sponsored links. External links are provided as a convenience to You and as an additional avenue of access to the information contained therein. The inclusion of external links to the Third Party Sites are not and should not be viewed as an endorsement by Amma’s Urban Homestead of the Third Party Site or of any content or other information therein. Amma’s Urban Homestead has no control over the content of the Third Party Sites. If You decide to click, open, follow, or otherwise use external links on the Site, or otherwise access any of the Third Party Sites linked to on the Site, You do so entirely at your own risk and subject to the terms and conditions of use for the Third Party Sites. Amma’s Urban Homestead accepts no responsibility for the content or other information in the Third Party Sites or for any loss or damage that may arise from your use of them, and hereby disclaims all liability related to them.

  1. Linking to the Site or the Content; Social Media Features

The Site may provide certain social media features that enable You to link to the Site from one or more social media platforms; send links via email, text message, IRC or IRC-like messaging platforms; or copy links to the Site for saving, sending, or any other purpose consistent with these Terms. These features are provided to users as a convenience and are subject to the following restrictions:

  • (i) You may not cause the Site, the Content, any portion of the Site or the Content, or any materials or information contained in or on the Site or the Content to be displayed, or appear to be displayed by any other site in a manner that may cause viewers to believe the Site or the Content is the property of or created by You, or the owners or users of, or contributors to the website or other medium in or on which the link is published; by way of example, practices prohibited under this Section include, but are not limited to, framing, deep linking, and in-line linking;
  • (ii) You may not link to the Site, the Content, any portion of the Site or the Content, or any materials or information contained in or on the Site or the Content in a manner that expressly or impliedly suggests endorsement by the Site, Amma’s Urban Homestead, or any of the other Content Owners or Mark Owners;
  • (iii) You may not link to the Site, the Content, any portion of the Site or the Content, or any materials or information in or on the Site or the Content in a manner that expressly or impliedly suggests the Site, the Content, or any portion of the Site or the Content is defamatory of any person or entity;
  • (iv) The website or other medium from which You are linking to, or on which You make accessible the Site, the Content, any portion of the Site or Content, or any materials or information in or on the Site or the Content must comply in all respects with the standards for the Content set out in these Terms; and
  • (v) You may not link to, link from, or otherwise take any action with respect to the Site, the Content, or any materials or information contained therein that is inconsistent with these Terms.

You agree to cooperate with the Site, Amma’s Urban Homestead, and any of the other Content Owners and Mark Owners to cause immediate cessation of any unauthorized or prohibited linking, framing, or any other action prohibited, restricted, or otherwise not expressly permitted by these Terms. Amma’s Urban Homestead reserves the right to withdraw linking permission or disable any or all links, linking capabilities, social media features, or any other features provided on the Site at any time without notice for any reason that We, in our sole discretion, deem appropriate, or for no reason at all.

  1. Material You Submit

You acknowledge that You are responsible for any material, data, information, or other content You may submit to Us, or post or otherwise submit to the Site, including any components of the Site administered by third parties, such as tools that allow You to interact with the Site through Facebook and other social media platforms, (a “Submission”) including, but not limited to, the legality, reliability, appropriateness, and originality of each Submission. You, and You alone, will be liable for any Submission submitted by You. Amma’s Urban Homestead is under no obligation to review the substance or form of any Submission and expressly disclaims any liability that may extend from your Submission, although We reserve the right to review any Submission, and the right to edit or delete, in whole or in part, any Submission, or to take any action at any time that We, in Our sole discretion, deem necessary or appropriate to cure or prevent a violation of these Terms, or for no reason at all. Submissions include, but are not limited to, comments, feedback, suggestions, ideas, stories, artwork, photographs, videos, computer code, and product and marketing ideas, and also includes Anonymous or Personal Information (as defined in the Privacy Policy) to the extent either permitted by or otherwise not prohibited by the Privacy Policy. By submitting a Submission to or on the Site or to Amma’s Urban Homestead You represent and warrant that:

  • (i) Your Submission conforms to and is in compliance with these Terms; and
  • (ii) You are the owner or licensee, or You otherwise possess the necessary rights and permissions of or associated with your Submission, including, but not limited to, the intellectual property and other proprietary rights, without the need for payment to any other person or entity, to use and exploit, and to authorize the Content Owners to use and exploit your Submission in the manner contemplated in these Terms or otherwise deemed appropriate by the Content Owners in their sole discretion, including, but not limited to, displaying, publishing, or exhibiting your Submission, or sublicensing your Submission(s) to third parties.

By submitting a Submission to or on the Site or to Amma’s Urban Homestead You agree

  • to grant to Amma’s Urban Homestead a non-exclusive, sub-licensable, irrevocable, royalty-free license under all copyright, trademark, patent, trade secret, privacy and publicity rights, and all other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, copy, index, comment on, modify, adapt, translate, sell, distribute, redistribute, create derivative works based upon, publicly perform, make available, and otherwise exploit such Submission, in whole or in part, in all media formats and channels now known or hereafter devised, including on Third Party Sites, in any number of copies, and without limit as to time, manner, and frequency of use, without further notice to You, with or without attribution, and without the requirement of permission from or payment to You or any other person or entity,
  • not to use any device, software, or technique to interfere with or attempt to interfere with the proper working of the Site,
  • not to use a false e-mail address or other identifying information, impersonate any person or entity, or otherwise mislead as to the source or origin of any Submission,
  • not to upload to, distribute, or otherwise publish through, to, or on the Site any commercial material or anything that (a) is confidential, proprietary, false, libelous, defamatory, fraudulent, obscene, violent, pornographic, vulgar, bigoted, or threatening; infringes or misappropriates third parties’ intellectual property rights, including but not limited to trademark, copyright, or patent rights, rights of publicity, rights of privacy, trade secrets, or other proprietary rights; or harassing, abusive, illegal, or otherwise objectionable; (b) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any applicable law, statute, ordinance or regulation; or (c) may contain political campaigning or messaging; software viruses, spyware, Trojan horses, or similarly harmful software code; or chain letters, mass mailings, commercial advertising, or any other form of “spam.”

To the extent We authorize You to create, post, upload, distribute, publicly display, or publicly perform a Submission that requires the use of the Content or the intellectual property associated with the Content, We grant You a non-exclusive license to use the Content or the intellectual property associated with the Content to the extent necessary to create the authorized work, subject to the permission of any required Content Owner, and subject to any other agreements between You and Us containing terms or conditions relating to your creation of the authorized work. The non-exclusive license granted by this section shall be conditioned upon your assignment to Us of all intellectual property, proprietary, or other rights in the work You create. If such rights are not assigned to Us, your license under this section to create the work(s) shall be null and void. Any use of the Marks, whether or not in, on, for, or otherwise in connection with a Submission, is prohibited without the prior written consent of the Mark Owner.

  1. Limitation of Liability

IN NO EVENT WILL THE CONTENT OWNERS OR THE MARK OWNERS, WHICH INCLUDES AMMA’S URBAN HOMESTEAD, OR ANY LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR OTHER AFFILIATES OF THE CONTENT OWNERS OR MARK OWNERS BE LIABLE FOR DAMAGES (WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHERWISE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, ANY OF THE THIRD PARTY SITES, ANY OF THE CONTENT, OR ANY INFORMATION, MEDIA, MATERIAL, SOFTWARE, PRODUCT, OR SERVICE OBTAINED ON, AT, IN, THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE OR THE THIRD PARTY SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORIES OF LIABILITY, EVEN IF FORESEEABLE (collectively, the “Excluded Damages”).

In certain jurisdictions, some liabilities cannot be excluded or limited under the applicable laws. In such jurisdictions, the foregoing limitation of liability may not apply to You. If Amma’s Urban Homestead cannot lawfully disclaim liability to You by operation of the limitation of liability clause contained in this Section, Amma’s Urban Homestead will be liable to You, in the aggregate for all claims arising hereunder, for liquidated damages of $10.00. In such event, You acknowledge and agree that the Excluded Damages for all claims arising hereunder cannot be calculated with reasonable certainty. You further agree that $10.00 represents (i) a reasonable approximation of the Excluded Damages that You will suffer for all claims arising hereunder and that such liquidated damages do not constitute a penalty, and (ii) the exclusive remedy to You for Excluded Damages in connection with all claims arising hereunder. The limitations in this paragraph will apply even if any other remedy available to You fails of its essential purpose.

  1. Disclaimer of Warranty

The Site and the Content, and all services and features associated with or related to the Site and the Content, are provided to You “AS IS” and “AS AVAILABLE.” AMMA’S URBAN HOMESTEAD MAKES NO REPRESENTATIONS, COVENANTS, OR WARRANTIES AND OFFERS NO CONDITIONS, EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING, BUT NOT LIMITED TO, (I) MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT, OR RESULTS TO BE DERIVED FROM THE USE OF THE SITE, OR ANY DATA, CONTENT, SERVICE, SOFTWARE, HARDWARE, DELIVERABLE, OR OTHER MATERIALS RELATED TO THE SITE, OR THE AVAILABILITY OF ANY OF THE FOREGOING; (II) WHETHER THE CONTENT IS TRUE, COMPLETE, ACCURATE, NON-MISLEADING, OR TIMELY; OR (III) THE ABSENCE OF ANY VIRUSES OR OTHER HARMFUL CODE IN OR ON THE SITE OR THE CONTENT, OR ANY SERVICE OR FEATURE ASSOCIATED WITH OR RELATED TO THE SITE OR THE CONTENT. FURTHER, AMMA’S URBAN HOMESTEAD DOES NOT REPRESENT, COVENANT, OR WARRANT THAT ACCESS TO OR SERVICES PROVIDED BY THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to You. YOU HEREBY AGREE THAT USE OF THE SITE, THE CONTENT, AND RELATED SERVICES IS AT YOUR OWN RISK.

  1. Indemnification

You agree to indemnify and hold harmless Amma’s Urban Homestead, its affiliates, licensors, and service providers, including, but not limited to, any other Content Owner or Mark Owner and its respective officers, directors, employees, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to: (i) any use of the Content other than as expressly authorized in these Terms or your use of any information obtained from the Site; and (ii) all claims arising out of or related to your fraud, intentional misconduct, criminal acts, or gross negligence. If You cause a technical disruption of the Site or the systems transmitting the Site to You or others, You agree to be responsible for any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fines, penalties, or fees (including reasonable attorneys’ fees), arising out of or relating to that disruption.

  1. Geographic Restrictions

Amma’s Urban Homestead operates the Site from its offices within the State of Arizona and makes no representations as to the use of the Site outside the United States or compliance of the Site, the Content, or the Terms with any applicable law. Amma’s Urban Homestead makes no claims that the Site or the Content is legal for use outside the United States. If the Site is accessed outside the United States, You hereby acknowledge doing so on your own initiative and are responsible for compliance with local laws.

  1. Governing Law and Jurisdiction

The laws of the State of Arizona 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 Arizona 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 Amma’s Urban Homestead to locate the material;
  • Information reasonably sufficient to permit Amma’s Urban Homestead 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 email address is shouse@ammasurbanhomestead.com.

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 Amma’s Urban Homestead 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 Amma’s Urban Homestead 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, Amma’s Urban Homestead 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 Amma’s Urban Homestead (including those posted on the Site).

  1. Entire Agreement

These Terms and the Privacy Policy constitute the sole and entire agreement between You and Amma’s Urban Homestead 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.

©2020, Amma’s Urban Homestead, LLC. Worldwide Rights Reserved. (ammasurbanhomestead.com, the intellectual property of Amma’s Urban Homestead LLC and are protected, in the United States and abroad, by copyright, trademark, trade name, design, and other intellectual property regimes.)

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