Welcome to le-jardinet.thinkific.com (the “Site”, referred to as “we,” “us” or “our” ). Use of and access to the services provided by Le jardinet (the “Company”), as well as the Site, is subject to your compliance with these Terms of Use. Please read these Terms of Use carefully before using our Site and services (collectively referred to as the “Services”).

Le jardinet reserves the right to limit or terminate your access to our Services if we determine in our sole discretion that you have failed to comply with these Terms of Use. Please also read our Privacy Policy before accessing our Services, which can be located here.

1. ACCEPTANCE OF TERMS

You accept these terms and our Privacy Policy by accessing or using the Site or our Services in any manner, even if you do not create an account with Le jardinet. These Terms may be updated from time to time. We will notify you of any significant updates to these Terms at our sole discretion. Your continued use of our Services signifies your acceptance of any changes. These Terms will always be available on this page for you to read. If you do not agree with these Terms, you are not permitted to register an account, sign in, make purchases, or otherwise access or use the Site or our Services in any manner. By accessing and using the Site in any way, you are representing that you are at least 18 years of age or visiting the Site under the supervision of a parent or guardian.

2. AGE RESTRICTION

You must be at least 18 years old in order to access or use the Site in any manner. Le jardinet prohibits registration by any individual under the age of 18 years old. Le jardinet is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the Site, please contact karen@lejardinetdesigns.com

3. USE OF SITE

Subject to the terms and conditions of this Agreement, you are permitted to access and use this Site by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this Site for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the Site.

While we do our best to make your experience with the Site and our Services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Le jardinet Services are provided “AS IS.” Le jardinet and any third-party service providers cannot assume responsibility for the timeliness, deletion, misdelivery, or failure to store any user data, communications, or personalization settings. We reserve the right to change or discontinue, temporarily or permanently, the Site or the Service at any time without notice. You agree that Le jardinet will not be liable to you or any third party for any modification, interruption, or discontinuation of the Service.

It is our intention, however, to make all videos and related items listed as having “lifetime access” to be available for viewing 24/7 unless such Services are retired, or the Site has to be closed permanently. It is also our intention that should such changes be necessary, Le jardinet will endeavor to reach all enrolled students by email to advise them of such changes, allowing adequate time for the completion of course work.

4. LE JARDINET ACCOUNT

By using the Site and/or Services, or creating an account with Le jardinet (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Le jardinet.

You agree that your Account will be for your exclusive personal use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Le jardinet will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring on your Account, including any charges made to your Account. You agree to immediately notify Le jardinet if there has been any unauthorized activity on your Account or if you suspect that there has been a breach of security of your Account.

You represent and warrant that you will not use the Site for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another’s privacy, abusive, threatening, obscene, and/or illegal, and/or infringes the copyrights (right of an owner of written material) or other intellectual property of others.

We reserve the right to terminate your Account at any time if you violate these Terms of Use or the Company’s Privacy Policy, or for any other reason as determined by the Company in its sole discretion.

5. PURCHASE OF PRODUCTS

Le jardinet offers certain products for sale on the Site (“Products”). All prices displayed on the Site are quoted in U.S. Dollars. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Site without incurring any obligations.

In order to purchase our Products, you will be required to enter a valid credit card. By providing a credit card associated with an Account, you are hereby authorizing the Company to charge your credit card for all costs associated with your purchase.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the Account, the same credit card, and orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.

You understand and agree that you are prohibited from reselling or redistributing any Le jardinet products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

6. REFUND POLICY

The refund policy for each product is clearly noted under FAQ of each as well as within the course itself under “How this online workshop works”.

7. INTELLECTUAL PROPERTY

All information, products, services, graphics, icons, images, articles, software, and other materials, and the display, design, arrangement, and assembly of those materials (collectively “Content”) appearing on the Site are the exclusive property of Le jardinet and/or its affiliates. The Content is protected by U. S. and international copyright laws. The publication, sale, or redistribution in any form or medium of the Content is strictly prohibited without prior written permission of Le jardinet. Content that is publicly available on the Site may not be stored in a computer, except for personal and non-commercial use.

All trademarks, logos, trade dress, and service marks (collectively “Trademarks”) displayed on the Site are the exclusive property of Le jardinet. The use of our Trademarks without express written authorization is strictly prohibited. You may not use, display, or publish our Trademarks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm the reputation of Le jardinet.

8. PRIVACY POLICY

Le jardinet respects your privacy. Our Privacy Policy can be found here. By using the Site and our Service, you are consenting to the terms of our Privacy Policy.

9. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE SITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS. Le jardinet MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS SITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. Le jardinet HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE SITE. THE SITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. Le jardinet ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE SITE. Le jardinet CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL Le jardinet BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE COMPANY’S SERVICE.

10. LINKS TO THIRD PARTY WEBSITES

This Site might contain links to third-party websites which are not under the control of Le jardinet.  Le jardinet is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Le jardinet is providing these links to you only as a convenience, and the inclusion of any link does not imply that Le jardinet endorses or accepts any responsibility for the content on such third-party site.

11. RELEASE AND INDEMNIFICATION BY USERS

You agree to forever release, indemnify, defend, and hold harmless Le jardinet, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Le jardinet reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.

12. ARBITRATION

Please read this carefully. It affects your rights. Le jardinet and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Le jardinet and you.

A party who intends to seek arbitration must first send written notice to Le jardinet of its intent to arbitrate (“Notice”). The Notice to Le jardinet should be sent by any of the following means: (A) electronic message by sending an email to karen@lejardinetdesigns.com, or (B) sending the Notice by U.S. Postal Service certified mail to Le jardinet, 12632 270th Place NE., Duvall, WA 98019 U.S.A. The Notice must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Le jardinet may commence an arbitration proceeding.

The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.

You agree that, by entering into this Agreement, you and Le jardinet are waiving the right to a trial by jury.

The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Le jardinet agree that YOU AND Le jardinet MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.

13. MODIFICATIONS TO TERMS OF USE.

Le jardinet may change, modify, update, add or remove portions of these Terms of Use at any time. Please review these Terms of Use periodically for changes. Your continued use of the Company’s Service following the posting of any changes will signify your acceptance of those changes.

14. MISCELLANEOUS.

These Terms of Use constitute the entire agreement between you and Le jardinet regarding this subject matter and govern your use of the Site. By accessing the Site, you agree that the statutes and laws of the United States and the State of New York, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Site and use of Le jardinet.

The failure of Le jardinet to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.