Rose Gold Gardens Terms of Use

Last Updated: March 7, 2023

INTRODUCTION

Welcome to the Rose Gold Gardens Terms of Use agreement. For purposes of this agreement, “Site” refers to the Company’s website. “Service” refers to the Company’s services accessed through the Rose Gold Gardens mobile application. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of our Service.

The Rose Gold Gardens website, the Rose Gold Gardens mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications are owned and operated by Rose Gold Gardens and can be accessed and used by you under the Terms of Use described below.

Please read these terms carefully. By accessing, downloading, or using any of the sites and services, you agree to become bound by these terms and conditions, and any additional terms referenced herein, including Our Privacy Policy. You acknowledge and agree that there are risks associated with using an internet-based marketplace and interacting with other users in person. These terms contain, to the extent legally allowable in your jurisdiction, an agreement to arbitrate as well as other important legal rights, remedies, and information. If you do not agree to all the terms and conditions, then you may not access and use the sites and services. As we may modify any terms herein at any time you should periodically visit this page to review all current terms.

To contact Rose Gold Gardens regarding the Services or your account, please visit the Contact Us page. After providing the adequate requested information, our team will be able to effectively process your issue. Alternatively, you can submit general inquiries regarding these Terms or our Services to support@rosegoldgardens.com.

For information about how we collect, use, share, and otherwise process information about you, please see our Privacy Policy. When you access or use the Service, you signify your agreement to the Privacy Policy as well as these Terms of Use.

USER ACCOUNTS AND ACCOUNT SECURITY

You may need to register for a Rose Gold Gardens account with Rose Gold Gardens to access some or all of our Services. If you register for any account in connection with the Services, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security and confidentiality of your login credentials, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. Additionally, you may only register for a Rose Gold Gardents account if you are legally permitted to, and do, live in the United States or one of its territories. We reserve the

right to reclaim Rose Gold Garden account usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights to those usernames.

ABOUT THE SERVICE

The Rose Gold Gardens Service allows you to post plants to our digital marketplace by uploading pictures and providing plant descriptions. All plants can be posted without charge and all listings must be sold without charge. You may promote your item for a fee. If you pay to prompt your item, Rose Gold Gardens will post your item more prominently and frequently within the Services home feed. Promoted items are also identified with the feed. In order for our application to function properly, Rose Gold Gardens will require access to your location. In order to finalize transactions, you can coordinate plant exchanges through the Rose Gold Gardens messenger chat functions.

REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE

You must be at least 16 years of age to use our Service. If you are under 18 years of age (or the age of legal majority where you live), you may use our Service only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services.

If you use our Services on behalf of another person or entity: (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

Additionally, in order to use the Services, you must not: (a) have previously been suspended or removed from using the Rose Gold Garden Service and (b) violate any other agreement to which you are a party by agreeing to these Terms.

The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.

USE RESTRICTIONS

As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms or Use, or any other purpose not reasonably intended by Rose Gold Gardens. By way of example, and not as a limitation, you agree not to:

● use our the Site or the Service other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services or any networks connected to our Services in any manner;
● Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
● Sell, resell or commercially use the Rose Gold Gardens Service except as expressly permitted
by us;
● Send, distribute or post spam, unsolicited or bulk commercial electronic communications,
chain letters, or pyramid schemes;
● Provide false, inaccurate or misleading information to Rose Gold Gardens or our service
providers, including when registering for an Rose Gold Gardens account, INCLUDING
WHEN
● Impersonate or post on behalf of any person or entity or otherwise misrepresenting your
affiliation with a person or entity;
● Copy, reproduce, distribute, publicly perform or publicly display all or portions of our
Services, including our underlying content and source code, except as expressly permitted
by us or our licensors;
● Modify our Services, remove any proprietary rights notices or markings, obscure or disable
any advertisements that appear on or through the Services, or otherwise make or derivative
works based upon our Services;
● Reverse engineer any aspect of our Service or do anything that might discover source code
or bypass or circumvent measures employed to prevent or limit access to any part of our
Service;
● Develop or use any third-party applications that interact with the Rose Gold Services
without Rose Gold Garden’s prior written consent;
● Use any type of automated means to utilize the Rose Gold Garden Services or to collect or
extract data from Rose Gold Gardens, such as a harvesting bot, robot, spider, script, crawler,
or scraper, not provided by Rose Gold Gardens; or
● Use the Rose Gold Garden Services to infringe or violate the intellectual property rights or
any other rights to anyone else (including Rose Gold Gardens)
● Collect or harvest any personal data or any user of the Site or the Service
● Use the Site or the Service for the solicitation of business in the course of trade or in
connection with a commercial enterprise;
● Make any automated use of the Site, the Service or the related systems, or take any action
that we deem to impose or to potentially impose an unreasonable or disproportionately
large load on our servers or network infrastructure;
● Circumvent, disable or otherwise interfere with any security-related features of the Service
or features that prevent or restrict use or copying of content, or enforce limitations on use of
the Service or the content accessible via the Service; or
● Publish or link to malicious content of any sort, including that intended to damage or
disrupt another user’s browser or computer.
● Sell or offer for anything that violates our Prohibited Items Guidelines
You will establish and use your Rose Gold Gardens account only in accordance with any guidelines issued by Rose Gold Gardens. Without limiting the forgoing, you will not:

● Create more than one account; Terms of Use

● Transfer your account to another user;
● Attempt to obtain the password, account information, or other security information or
another user; or
● Attempt to use another user’s account without authorization from that user and Rose Gold
Gardens.
If you engage in any of the conduct described above or similar conduct, Rose Gold Gardens may suspend or terminate your right to access the Services. Enforcement of this Section is solely at Rose Gold Gardens discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section does not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
USER CONSENT
Our Service allows you and other users to create, post, store and share content, including but not limited to messages, text, photos, graphics, videos, software, code, and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Rose Gold Gardens.
You grant Rose Gold Gardens a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create and derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now know or later developed without compensation to you. The use of your or any other user’s name, likeness or identity is connection with the Rose Gold Gardens Service does not imply any endorsement thereof unless explicitly stated otherwise. When you post or otherwise share User Content on or through our Service, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Rose Gold Gardens uses third parties so when you provide User Content in connection with these third party tools, you may be sharing User Content with these third parties.
You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through the Rose Gold Gardens Service any User Content that:

● Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory of fraudulent;
● Is, in Rose Gold Garden’s judgment, disrespectful, inappropriate, or may expose Rose Gold Gardens, our users or others to harm or liability;
● May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party;

● Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
● Includes any statements or claims that do not reflect your honest views and experiences;
● Contains any unsolicited marketing promotions, political campaigning, advertising, or
solicitations;
● Contains any private information of any third parties, including addresses, phone
numbers and payment card information; or
● Contain viruses, corrupted data or other harmful, disruptive, or destructive files.
Rose Gold Gardens assumes no responsibility to actively monitor User Content and does not endorse any User Content. Although Rose Gold Gardens has no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason without notice.
POSTING AND CONDUCT RESTRICTIONS
When you create your own personalized account, you will be required to upload a single photo to serve as your profile image. Before making a post, we also require uploading photos of the plants you seek to give away (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Content while using the Service, you agree as follows:

● You are solely responsible for your account and the activity that occurs while signed in
to or while using your account;
● You will not post information that is malicious, libelous, false or inaccurate;
● You will not post any information that is abusive, threatening, obscene, defamatory,
libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
● You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the
“License Grant” and “Intellectual Property” provisions below: When you upload or post User Content to the Site or the Service, you grant to the Site a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the provision of the Service; and you grant to each user of the Service, a worldwide, non-exclusive, royalty-free license to access your User Content through the Service, and to use, reproduce, distribute, prepare derivative works of, display and perform such Content to the extent permitted by the Service and under these Terms of Use;
● You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of

such rights or have the appropriate permission from their rightful owner to specifically

submit such content; and

● You hereby agree that we have the right to determine whether your User Content

submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.

You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content.

The Site does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.

SERVICE PROVIDERS

Rose Gold Gardens does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Service Provider (which includes, but is not limited to, health care and wellness providers). You agree that should you use or rely on such Content, data, advertisement, products, goods, or services, available or unavailable from, or through any third party or Service Provider, Rose Gold Gardens is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealing, are between you and such Service Provider exclusively and do not involve Rose Gold Gardens. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers.

Third parties and Service Providers may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Service Provider websites. Rose Gold Gardens does not control or operate any such third party or Service Provider websites. Any information you provide to these third party or Service Provider websites while on these third party or Service Provider websites is subject to the respective policies of those third parties or Service Providers. And not Rose Gold Gardens policies. It is your responsibility to review such third party or Service Provider policies, including any relevant privacy policies. You agree that Rose Gold Gardens will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. Rose Gold Gardens does not make any representations or warranties as to the security of any information (including, without limitation, credit card or other personal information) you might be requested to give to any third party or Service Provider sites. You use these third party or Service Provider websites at your own risk.

You agree that Rose Gold Gardens is not responsible for the accessibility or unavailability of any Service Provider or for your interactions and dealings with them, waive the right to bring or assert any claim against Rose Gold Gardens relating to any interactions or dealings with any Service Provider, and release Rose Gold Gardens from any and all liability for or relating to any interactions or dealings with any Service Provider, and release Rose Gold Gardens from any and all liability for or relating to any interactions or dealings with Service Providers.

Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Service Providers found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Rose Gold Gardens shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Service Providers of the Rose Gold Gardens and Services.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.

Though we strive to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable when you use or access the Site or the Service. We reserve the right, but have no obligation, to monitor the materials posted in the public areas of the Site or the Service or to limit or deny a user’s access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. Conversations sent between you and other participants that are not readily accessible to the general public will be treated by us as private to the extent required applicable by law. The Company shall have the right to remove any material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of a misuse of our Service or violation of these Terms of Use, please contact us at support@rosegoldgardens.com.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to

Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.

NOTICE FOR CALIFORNIA USERS

Under California Civil Code Section 1789.3, California web user are entitled to the following specific consumer rights notice: The Services are provided by Rose Gold Gardens, LLC., d/b/a Rose Gold P.O. Box 751, Saint Charles, MO 63302. If you have any questions, concerns, or complaints regarding the Services, please contact Rose Gold Gardens by either visiting Support or sending a letter, first class certified mail, to Rose Gold P.O. Box 751, Saint Charles, MO 63302, Attn: Customer Care

California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

OWNERSHIP; LIMITED LICENSE

The Services, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Rose Gold Gardens or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non sublicensable, revocable license (“License”) to access and use our Services.

SUSPENSION; TERMINATION

Rose Gold Gardens may revoke or terminate your License to access or use the Rose Gold Garden Services for any reason without notice at Rose Gold Gardens sole discretion. Without limiting the generality of the foregoing, we may revoke or terminate the License if you: (i)

breach any obligation in these Terms or in any other agreement between you and us, (ii) violate any policy or guideline applicable to the Rose Gold Garden Services, or any other Rose Gold Gardens product or service, or (iii) use the Rose Gold Garden Services other than as specifically authorized in these Terms, without our prior written permission. You will stop accessing or using the Rose Gold Garden Services immediately if Rose Gold Gardens suspends or terminates your License to access or use the Rose Gold Garden Services. Rose Gold Gardens reserves the right, but does not undertake any duty, to take appropriate legal action including the pursuit of civil, criminal, or injunctive redress against you for continuing to use the Rose Gold Garden Services during suspension or after termination. Rose Gold Gardens may recover its reasonable attorneys’ fees and court costs from you for such action. These Terms will remain enforceable against you while your License to access our use the

Rose Gold Garden Services is suspended and after it is terminated.

(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and require our users to do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at Rose Gold P.O. Box 751, Saint Charles, MO 63302:

1. 2.

4. 5. 6. 7.

The date of your notification;

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or 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 the owner of an exclusive right that is allegedly infringed.

(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:

1. 2.

3. 4.

Your physical or electronic signature;

A description of the content that has been removed and the location at which the content appeared before it was removed;

A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and

Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in [insert state of residence or incorporation] and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.

TRADEMARKS

Rose Gold Gardens, rosegoldgardens.com, the “Tag” logo, and the “RG” logo, are all registered trademarks of Rose Gold Gardens LLC and may not be copied, imitated or used, in whole or in part, without our express prior written permission. In addition, our products or service names, slogans, the look and feel of our websites and app, including all page headers, custom graphics, button icons and scripts, are our service marks, trademarks, and/or trade dress and may not be copied, imitated or used, in whole or in part, without our express prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Rose Gold Garden Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

FEEDBACK

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Rose Gold Gardens or our Services (collectively, "Feedback"). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including, without limitation, to develop, copy, publish, or improve the Rose Gold Gardens Services by using the Feedback in Rose Gold Garden’s sole discretion. You understand that Rose Gold Gardens may treat Feedback as nonconfidential.

LICENSE GRANT

By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable,

transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

THIRD PARTY CONTENT

We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Rose Gold Gardens does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.

INDEMNITY

You agree to indemnify, defend and hold harmless Rose Gold Gardens, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms or Use by you; (b) the inaccurate or untruthful Content or other information provided by you to Rose Gold Gardens or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused another. Rose Gold Gardens will have sole control of the defense of any such damage or claim. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Rose Gold Gardens or the other Rose Gold Garden Parties.

DISCLAIMER

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as in” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non infringement. In addition, Rose Gold Gardens does not represent or warrant that our Services are accurate, complete, reliable,

current or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

TERMINATION

Rose Gold Gardens can terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that Rose Gold Gardens reserves the right to take action – technical, legal or otherwise – to block, nullify or deny your ability to access the Sites and Services. You understand that Rose Gold Gardens may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Rose Gold Gardens.

All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

ENTIRE AGREEMENT

These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms including, without limitation, the Privacy Policy, constitutes the entire agreement between you and Rose Gold Gardens. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between you and Rose Gold Gardens regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third-party agreements do not interfere with your obligations and duties to Rose Gold Gardens under these Terms of Use.

DISPUTE RESOLUTION; BINDING ARBITRATION

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Rose Gold Gardens and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.

No Representative Actions. You and Rose Gold Gardens agree that any dispute arising out of or related to these Terms or our Services is personal to you and Rose Gold Gardens, and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.

Arbitration of Disputes. Except for small claims disputes in which you or Rose Gold Gardens seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Rose Gold Gardens seeks injunctive or other equitable relief

for the alleged unlawful use of intellectual property, you and Rose Gold Gardens waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Rose Gold Gardens or relating in any way to the Services, you agree to first contact Rose Gold Gardens and attempt to resolve the claim informally by sending a written notice of your claim ("Notice") to Rose Gold Gardens by email at support@rosegoldgardens.com or by certified mail addressed to Rose Gold Gardens Inc., Attn: Rose Gold P.O. Box 751, Saint Charles, MO 63302

The Notice must (a) include your name, your residence address, your email address, your telephone number, and, if you have registered for an Rose Gold Gardens account, the email address your account is registered under if it is different from your current email address; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Rose Gold Gardens cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration at the JAMS office closest to your residence. For purposes of this Section 21, a "consumer" means a person using the Services for personal, family or household purposes. Additionally, arbitrations may be conducted telephonically or via video conference for disputes alleging damages less than $10,000. You and Rose Gold Gardens agree that arbitrations will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures ("JAMS Rules"). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.

You and Rose Gold Gardens agree that these Terms affect interstate commerce and that the enforceability of this Section 21 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine whether a dispute may be arbitrated. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual's claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.

The arbitration will allow for the discovery or exchange of non-privileged information relevant to the dispute. The arbitrator, Rose Gold Gardens, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in

connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.

You and Rose Gold Gardens agree that for any arbitration you initiate, you will pay the filing fee and Rose Gold Gardens will pay the remaining JAMS fees and costs. For any arbitration initiated by Rose Gold Gardens, Rose Gold Gardens will pay all JAMS fees and costs. You and Rose Gold Gardens agree that the state or federal courts of the State of Washington and the United States sitting in King County, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Rose Gold Gardens will not have the right to assert the claim.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 21 by emailing Rose Gold Gardens at support@rosegoldgardens.com

In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 23.

If any portion of this Section 21 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 21 or the parties' ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 21; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 21 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 21 will be enforceable. If you are a consumer, the provisions of this Section 21 will be modified to the extent necessary to conform to the JAMS Consumer Arbitration Minimum Standards.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to support@rosegoldgardens.com or mail to the following postal address:

Customer Support

Rose Gold P.O. Box 751, Saint Charles, MO 63302

Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.

ASSUMPTION OF RISK

A. You acknowledge and agree that there are risks associated with utilizing an internet-based marketplace and interacting with other users in person. We do not investigate or verify any user’s reputation, conduct, morality, criminal background, or any information users may submit to the services. You are solely responsible for taking all necessary precaution when interacting with other users, particularly when meeting a stranger in person for the first time. It is possible that other users may attempt to physically harm or defraud you or obtain information from you for fraudulent purposes. You are solely responsible for, and assume all risks related to, selling and buying through Rose Gold Garden’s Services (Including all online and offline interactions with other users).

B. Community meetup spots. Community meetup spots are locations in which a third party (such as a police department or local store) has agreed to post a community meetup spot sign. We encourage third parties to place community meetup spots in well-lit locations, with surveillance and in generally well-trafficked areas; However, Rose Gold Gardens does not independently verify the conditions at any community meetup spot, does not monitor community meetup spots and does not warrant their safety or condition. Your usage of community meetup spots, and any dispute arising out of that usage, including against any third party posting a community meetup spot sign, remains subject to the express provisions in sections 15-18 of these terms.

RELEASE

To the fullest extent permitted by applicable law, you release Rose Gold Gardens and the other Rose Gold Gardens Parties from responsibility, liability, claims, demands and/or damages (actual and consequential) of every kind and nature, know and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the

time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

TRANSFER AND PROCESSING DATA

In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.

WARRANTY DISCLAIMER

The service is provided “as is”, without warranty of any kind. Without limiting the foregoing, we expressly disclaim all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a We make no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so the provision may not apply to you.

DELAYS AND ACCESSIBILITY

The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. Rose Gold Gardens is not responsible for any delays, failures or other damage resulting from such problems.

MODIFICATION OF TERMS OF USE

We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.

WARRANTIES AND DISCLAIMERS

You acknowledge that Rose Gold Gardens has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release Rose Gold Gardens from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Rose Gold Gardens makes no representations concerning any content contained in or accessed through the Sites and Services, and Rose Gold Gardens will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. Rose Gold Gardens makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.

YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN ‘AS IS, AS AVAILABLE’ BASIS WITHOUT WARRANTY OF ANY KIND. NEITHER ROSE GOLD GARDENS NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF ROSE GOLD GARDENS, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL ROSE GOLD GARDENS OR ANY OF ITS DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD-PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL ROSE GOLD GARDENS OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.

ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ROSE GOLD GARDENSI OR THROUGH OR FROM THE SITES AND/OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THE TERMS, ROSE GOLD GARDENS DOES NOT REPRESENT OR WARRANT THAT (I) THE SITES AND/OR SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SITES AND/OR SERVICES WILL BE

UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND/OR SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ROSE GOLD GARDEN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

ROSE GOLD GARDENS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ROSE GOLD GARDENS HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

Rose Gold Gardens has no control over and no duty to take any action regarding: other users’ behavior; what effects Content may have on you; how you may interpret or use Content; or what actions you may take as a result of having been exposed to Content. You release Rose Gold Gardens from all liability for you having acquired or not acquired Content through the Sites and Services. Rose Gold Gardens makes no representations concerning any Content, including the accuracy thereof, contained in or accessed through the Sites and Services, and Rose Gold Gardens will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services.

The Sites and Services may display links to other Internet sites or resources. Because Rose Gold Gardens has no control over such sites and resources, you acknowledge and agree that Rose Gold Gardens is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

You further acknowledge and agree that Rose Gold Gardens shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ROSE GOLD GARDENS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ROSE GOLD GARDENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)

(COLLECTIVELY, “DAMAGES”), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY ROSE GOLD GARDENS OR THE FAILURE OF ROSE GOLD GARDENS TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to You.

You understand and agree that Your unlimited access to the Content on the Website or in the Magazine represents a substantial portion of the value You receive from Your Rose Gold Garden’s Membership Fee. THEREFORE, TO THE EXTENT ROSE GOLD GARDENS IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, ROSE GOLD GARDEN’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE (I.E., THE AMOUNT OF YOUR ANNUAL MEMBERSHIP FEE DIVIDED BY TWELVE).

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ROSE GOLD GARDENS CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO ROSE GOLD GARDENS THROUGH THE USE OF A CREDIT CARD (A “CREDIT CARD PROCESSOR”). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR ROSE GOLD GARDENS, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH IN THIS SECTION SUFFERED BY YOU AS A RESULT OF THE FAILURE OF ROSE GOLD GARDENS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ROSE GOLD GARDENS. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT

OF THE FAILURE OF ROSE GOLD GARDENS TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY ROSE GOLD GARDENS. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH OF THIS SECTION. YOU HEREBY UNDERSTAND AND AGREE THAT ROSE GOLD GARDENS SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.

BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES

You understand that the content in each report or record on Rose Gold Gardens has significant value to Rose Gold Gardens and that the damage caused to Rose Gold Gardens for any violation of these Terms of Use pertaining to a report or record will be difficult to accurately estimate. Thus, you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of Rose Gold Garden’s damages for the specified breaches of these Terms of Use:

If you post Content in violation of these Terms of Use, you agree to promptly pay Rose Gold Gardens One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) to issue you a warning before assessing damages.

If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.

If you use computer programming routines that are intended to aggregate records or reports from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.

Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by Rose Gold Gardens, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri, without giving effect to any choice or conflict of law provision or rule (either of the State of Missouri or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Missouri.

GENERAL TERMS

If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.

We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT https://rosegoldgardens.com/privacy.html REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

MISCELLANEOUS

If you breach any term of these Terms of Use or other agreement with Rose Gold Gardens, Rose Gold Gardens may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. Rose Gold Garden’s remedies are cumulative and not exclusive. Failure of Rose Gold Gardens to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter.

If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

These Terms of Use are not assignable, transferable or sublicensable by you except with Rose Gold Garden’s prior written consent. We may transfer, assign or delegate the Terms and its rights and obligations without consent.

Users of these Sites and Services are responsible for compliance with all applicable regulations and laws.

No joint venture, partnership, employment or agency relationship exists between you and Rose Gold Gardens as a result of these Terms of Use or use of the Sites and Services.

You acknowledge and agree that each of the Released Parties shall be an intended third-party beneficiary of these Terms of Use.

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. You agree that communications and transactions between us may be conducted electronically. Rose Gold Gardens is an independent

contractor for all purposes and is not your agent or trustee. You are not an agent of Rose Gold Gardens.

HOW TO CONTACT US

All request, questions, concerns, or complaints about your Personal Information or this Privacy Policy, please contact our Privacy Officer by mail or email at the following:

Attn: Privacy Officer

Rose Gold Gardens, LLC. d/b/a Rose Gold P.O. Box 751

Saint Charles, MO 63302

E-mail: support@rosegoldgardens.com

We welcome your questions and comments.