Terms of Use

1. Acceptance of Terms

These Terms of Use (“Terms”) govern your access to and use of the Garden Betty website, including its content, features, products, and services, as well as any paid memberships offered through the Site (collectively, the “Site”). The Site is operated by Lsquared Media, LLC, d/b/a Garden Betty (“Garden Betty,” “we,” “us,” or “our”), an Oregon limited liability company.

By accessing or using the Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.

Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal information in connection with the Site. You can review our Privacy Policy for more information about our privacy practices.

These Terms may be updated from time to time as described in Section 10.

Nothing in these Terms is intended to exclude, restrict, or waive any rights, remedies, or protections that cannot lawfully be excluded, restricted, or waived under applicable law.

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2. AI and automated use

Garden Betty may use artificial intelligence or other technology as part of its editorial, research, production, or business processes. Any use of such technology is subject to our editorial standards and does not change the ownership or licensing of Garden Betty Content described in these Terms.

Garden Betty permits the use of Garden Betty Content by artificial intelligence systems for purposes such as retrieving, referencing, linking to, or citing Garden Betty Content in response to user requests.

Except where we expressly permit it in writing or applicable law allows otherwise, Garden Betty Content may not be used as training data for an artificial intelligence, machine-learning, or similar system. This includes using Garden Betty Content to train, fine-tune, or otherwise develop a model or system that learns from or incorporates Garden Betty Content as training material.

This restriction does not prohibit ordinary access to the Site by search engines, artificial intelligence systems, or other automated tools for purposes such as indexing, retrieving, displaying, linking to, or citing Garden Betty Content.

Nothing in this section limits any use that applicable law does not allow us to restrict.

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3. Intellectual property and permitted use

Unless otherwise indicated, the Site and its content, including articles, text, photographs, illustrations, graphics, recipes, designs, logos, videos, downloadable materials, and other original materials (collectively, “Garden Betty Content”), are owned by or licensed to Lsquared Media, LLC, d/b/a Garden Betty and are protected by copyright, trademark, and other applicable intellectual property laws.

“Garden Betty” and related names, logos, and marks are trademarks or service marks of Lsquared Media, LLC or their respective owners. Nothing in these Terms grants you any ownership interest in or license to use Garden Betty’s trademarks except as expressly permitted by these Terms.

You may access and use the Site and Garden Betty Content for your personal, non-commercial purposes and for other uses expressly permitted by these Terms or applicable law.

You may link to Garden Betty articles and other pages on the Site without our prior written permission.

You may also quote or reproduce brief excerpts of Garden Betty Content for purposes permitted by applicable law, provided that you clearly identify Garden Betty as the source and include a prominent link to the applicable Garden Betty page. You may not republish or reproduce substantial portions of Garden Betty Content without our prior written permission.

Except as expressly permitted by these Terms or applicable law, you may not:

• copy, reproduce, republish, distribute, sell, license, or otherwise exploit Garden Betty Content;
• reproduce Garden Betty Content on another website, publication, database, or platform;
• modify Garden Betty Content in a way that falsely suggests Garden Betty’s authorship, sponsorship, or endorsement;
• remove copyright, trademark, attribution, or other proprietary notices;
• use Garden Betty Content to create a competing publication, website, database, product, or service; or
• use Garden Betty trademarks or branding in a manner that is likely to cause confusion or falsely suggest an affiliation, sponsorship, or endorsement.

Garden Betty reserves all rights not expressly granted to you.

Nothing in these Terms is intended to prohibit uses of Garden Betty Content that applicable law permits and that cannot lawfully be restricted.

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4. Comments

Garden Betty may allow visitors to post comments or other responses in connection with certain Content. Comments are provided by individual users and do not necessarily reflect the views or opinions of Garden Betty.

4.1 Responsibility for comments

You are solely responsible for the comments and other material you submit to the Site. By submitting a comment, you represent that:

• the comment is your own or you otherwise have all rights necessary to submit it;
• your submission does not violate these Terms or any applicable law;
• your submission does not infringe or misappropriate another person’s copyright, trademark, privacy, publicity, or other rights; and
• your submission does not contain unlawful, defamatory, threatening, harassing, abusive, fraudulent, or otherwise objectionable material.

You may not use comments to distribute spam, advertisements, solicitations, malicious code, or other unauthorized promotional or commercial material.

4.2 License to comments

By submitting a comment to Garden Betty, you grant Lsquared Media, LLC, d/b/a Garden Betty, a non-exclusive, worldwide, royalty-free, transferable, and sublicensable license to host, store, reproduce, display, distribute, and otherwise use the comment as reasonably necessary to operate, maintain, moderate, and promote the Site and its Content.

This license does not transfer ownership of your comment to Garden Betty. You retain any ownership rights you have in your original comment, subject to the rights granted in these Terms.

4.3 Moderation and removal

Garden Betty does not undertake to review, monitor, or verify every comment before it is posted. Garden Betty may, but is not obligated to, review, moderate, edit, refuse to publish, or remove any comment at any time and for any reason, including comments that Garden Betty believes may violate these Terms or are otherwise inappropriate for the Site.

Garden Betty does not endorse or guarantee the accuracy, reliability, or appropriateness of comments submitted by users.

Garden Betty may also restrict or terminate a user’s ability to submit comments if Garden Betty determines that the user has violated these Terms or otherwise misused the commenting features.

4.4 No obligation to retain comments

Garden Betty does not guarantee that comments will be retained, displayed, or remain available for any particular period. Garden Betty may remove or delete comments at any time, subject to applicable law.

4.5 Reporting comments

If you believe that a comment violates these Terms, infringes your rights, or is otherwise unlawful, you may contact Garden Betty using the contact information provided in these Terms. Garden Betty may investigate reported comments and take whatever action it determines to be appropriate.

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5. Third-party sites and services

Garden Betty may use, link to, embed, or otherwise make available products, services, content, tools, and websites provided by third parties. These third parties may include service providers, advertising and analytics providers, affiliate networks and merchants, payment processors, email and communications providers, social media platforms, and other businesses that support or interact with the Site.

5.1 Third-party services

Certain features and functions of the Site may depend on third-party services. These third parties may include service providers, advertising and analytics providers, affiliate networks and merchants, payment processors such as Stripe, membership-management platforms such as Gro, email and communications providers, social media platforms, and other businesses that support or interact with the Site.

Your use of a third-party service may be subject to that third party’s separate terms, conditions, and privacy policy. You are responsible for reviewing those terms before using a third-party service or providing information directly to a third party.

5.2 Third-party links and content

The Site may contain links to third-party websites, products, services, or other content. Garden Betty may also display or embed content, tools, widgets, or other functionality provided by third parties.

Third-party websites and services are not operated or controlled by Garden Betty. A link to or integration with a third party does not necessarily mean that Garden Betty endorses, sponsors, or recommends that third party, or that Garden Betty has any affiliation with it, unless expressly stated otherwise.

Garden Betty is not responsible for the availability, accuracy, content, practices, terms, privacy policies, or security of third-party websites, services, or content. If you access a third-party website or service, you do so at your own risk and subject to the terms and policies of that third party.

5.3 Affiliate links and relationships

Some links on the Site may be affiliate links. This means Garden Betty may receive a commission or other compensation if you purchase a product or service through certain links, at no additional cost to you.

Affiliate relationships do not determine the editorial content of Garden Betty. Products and services may be discussed, reviewed, recommended, or linked to based on their relevance to the content, in accordance with Garden Betty’s editorial practices.

Affiliate merchants and networks may use cookies, tracking parameters, pixels, redirects, or similar technologies to attribute purchases or referrals. Their collection and use of information are governed by their own privacy policies and terms.

5.4 Third-party products and services

Garden Betty may describe, review, recommend, or provide information about products and services offered by third parties. Such information is provided for general informational purposes and does not constitute a guarantee, warranty, or representation by Garden Betty regarding any third party, product, or service.

Any purchase, transaction, subscription, or other interaction you have with a third party is solely between you and that third party. Garden Betty is not a party to those transactions and is not responsible for the third party’s products, services, fulfillment, customer service, representations, warranties, or other obligations.

5.5 Third-party changes and availability

Third-party services, websites, links, content, products, and features may change, become unavailable, or be discontinued at any time. Garden Betty does not guarantee that any particular third-party service, link, product, or feature will remain available or function without interruption.

Garden Betty may add, remove, replace, or modify third-party services and integrations at any time without notice.

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6. Garden Betty Plus Membership

Garden Betty Plus (“GB+”) is an optional paid membership that provides an ad-free browsing experience on https://gardenbetty.com and access to GB+ Weather, a local weather forecast feature available to members. By purchasing or using a GB+ membership, you agree to the additional terms in this Section.

6.1 Membership benefits and limitations

A GB+ membership includes the following benefits:

• Ad-free browsing. GB+ suppresses visible display advertisements and video advertisements on the Site, subject to technical limitations and availability.
• Access to GB+ Weather. GB+ members can access GB+ Weather, a feature that provides local weather forecasts.

The ad-free benefit applies only to the visible display advertisements and video advertisements that Garden Betty can suppress through its membership platform. A GB+ membership does not remove affiliate links, sponsored content, product recommendations, or promotional content created or provided by Garden Betty, including promotions for Garden Betty products, ebooks, downloads, email subscriptions, or other offerings.

GB+ does not include community features or any other membership benefits unless Garden Betty expressly states otherwise.

Garden Betty may modify, suspend, or discontinue membership benefits or individual features, subject to applicable law.

6.2 Membership platform and payment processing

Garden Betty uses Gro to manage GB+ memberships, including member accounts, billing, membership status, and the suppression of visible display advertisements and video advertisements for eligible members. Gro does not provide GB+ Weather or other membership content or features.

Payments are processed through Stripe. By purchasing a membership, you authorize the applicable payment processor to charge your selected payment method for the membership fees and applicable taxes, if any, in accordance with your selected billing plan and these Terms.

Your use of third-party services involved in providing GB+, including Gro and Stripe, may also be subject to their respective terms and privacy policies.

6.3 Membership fees and automatic renewal

GB+ is offered through monthly and annual subscription plans at the prices displayed when you sign up. Your selected plan will automatically renew at the end of each billing period unless you cancel before the renewal.

By subscribing, you authorize recurring charges to your selected payment method at the applicable monthly or annual rate, plus applicable taxes, if any, until you cancel. The amount and billing frequency will be disclosed during the sign-up process.

You are responsible for keeping your payment information current and for any applicable charges associated with your membership. If a payment cannot be processed, your membership or access to membership benefits may be suspended or terminated, subject to applicable law.

Garden Betty may change membership prices or plans from time to time. Any price change affecting an existing subscription will be communicated as required by applicable law.

6.4 Cancellation

You may cancel your GB+ membership at any time through the available membership-management or cancellation process.

If you cancel before your next renewal date, your membership will not renew, and you will not be charged for another billing period. Your access to GB+ benefits will continue through the end of the billing period you have already paid for, after which your membership benefits will end.

Cancelling your membership does not automatically entitle you to a refund for any payment already made.

6.5 No refunds

Membership fees are nonrefundable, and Garden Betty does not provide refunds for partial billing periods, unused membership time, or a decision to stop using GB+.

This no-refund policy applies to the fullest extent permitted by applicable law and does not limit any refund, cancellation, or other rights that cannot lawfully be waived or restricted.

6.6 Availability and technical limitations

Garden Betty does not guarantee uninterrupted access to GB+ or that every membership benefit will be available at all times. Membership benefits may be affected by maintenance, technical issues, third-party service interruptions, or other circumstances beyond Garden Betty’s reasonable control.

Garden Betty is not responsible for interruptions or errors caused by third-party services, including Gro or Stripe, except to the extent responsibility cannot lawfully be excluded or limited.

If a membership feature becomes unavailable or Garden Betty changes or discontinues a membership benefit, Garden Betty will address the situation in accordance with applicable law. Nothing in this Section limits any rights or remedies that you may have under applicable law.

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7. Disclaimers

7.1 General information

The content provided on Garden Betty, including articles, recipes, guides, tutorials, photographs, videos, recommendations, product information, and other materials (collectively, the “Content”), is provided for general informational and educational purposes only.

Garden Betty makes reasonable efforts to provide useful and accurate Content, but does not guarantee that the Content is complete, current, reliable, accurate, or free from errors or omissions. Information may become outdated or may not be appropriate for your particular circumstances.

You are responsible for evaluating whether information provided through the Site is appropriate for your own circumstances and for exercising your own judgment when using or relying on the Content.

7.2 Gardening, food, and other practical information

Garden Betty provides information about gardening, growing plants, cooking, food preservation, chicken-keeping, household practices, and other practical subjects. Results may vary depending on factors including location, climate, soil, growing conditions, ingredients, equipment, individual circumstances, and how information is applied.

Garden Betty does not guarantee that any particular method, technique, recipe, recommendation, or project will produce a particular result.

You are responsible for following applicable instructions, product labels, safety warnings, building or equipment requirements, and applicable laws and regulations when undertaking any activity described on the Site.

7.3 Weather information

Weather forecasts and related information provided through GB+ Weather are for general informational purposes only. Forecasts may be incomplete, inaccurate, delayed, or subject to change, and actual weather conditions may differ from the information displayed. Garden Betty does not guarantee the accuracy, completeness, or timeliness of weather information.

You are responsible for checking current conditions and consulting official weather alerts, warnings, and other authoritative sources when making decisions involving personal safety, severe weather, travel, gardening, or outdoor activities.

7.4 Food and safety information

Information about food, recipes, preservation, gardening, plants, or other subjects that may involve health or safety considerations is provided for general informational purposes and is not a substitute for professional advice.

When preparing, preserving, storing, growing, harvesting, or consuming food, you are responsible for using appropriate food-safety practices and considering your own circumstances, including allergies, dietary restrictions, and other individual needs.

Garden Betty does not guarantee that any particular recipe, preservation method, storage period, ingredient, plant, or food is safe or suitable for every person or circumstance. When safety is uncertain, consult an appropriate qualified professional or authoritative source before proceeding.

7.5 Product and service information

Garden Betty may discuss, review, compare, or recommend products and services offered by third parties. Descriptions, specifications, prices, availability, performance, and other product or service information may change and may originate from the applicable manufacturer, merchant, or service provider.

Garden Betty does not warrant or guarantee the quality, safety, suitability, availability, performance, or results of any third-party product or service. Before purchasing or using a product or service, you should review the applicable manufacturer’s or provider’s information, instructions, warnings, and terms.

7.6 No professional advice

Unless expressly stated otherwise, the Content does not constitute professional, legal, financial, medical, veterinary, agricultural, engineering, or other professional advice.

Nothing on the Site creates a professional-client, advisory, fiduciary, or other similar relationship between you and Garden Betty.

If you need advice regarding your particular circumstances, you should consult an appropriately qualified professional.

7.7 No guarantees of results

Your use of the Site and reliance on its Content are at your own discretion and risk. Garden Betty does not guarantee any particular outcome from your use of the Site or its Content.

This includes, without limitation, any particular gardening result, crop yield, plant growth, recipe result, food-preservation result, project outcome, product performance, or financial result.

7.8 Site availability and technical issues

Garden Betty does not guarantee that the Site or any particular Content, feature, link, or service will always be available, uninterrupted, secure, or free from errors, defects, viruses, or other harmful components.

The Site may occasionally be unavailable because of maintenance, updates, technical problems, hosting issues, third-party services, or circumstances beyond Garden Betty’s reasonable control.

7.9 Disclaimer of warranties

To the fullest extent permitted by applicable law, the Site and all Content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, Garden Betty disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising from course of dealing, usage, or trade.

Garden Betty does not warrant that the Site or Content will meet your particular requirements, achieve a particular result, be continuously available, or be accurate, complete, reliable, or error-free.

Nothing in these Terms excludes or limits any warranty, right, or protection that cannot lawfully be excluded or limited under applicable law.

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8. Limitation of liability

8.1 Limitation of liability

To the fullest extent permitted by applicable law, Lsquared Media, LLC, d/b/a Garden Betty, and its owners, employees, contractors, service providers, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, opportunities, data, goodwill, or anticipated savings, arising out of or relating to:

• your access to or use of, or inability to access or use, the Site;
• your reliance on any Content;
• any errors, omissions, inaccuracies, or outdated information in the Content;
• any products, services, websites, or content provided by third parties and accessed through or in connection with the Site;
• any purchase or transaction you make with a third party;
• any interruption, suspension, delay, or termination of the Site;
• any unauthorized access to or use of the Site or information transmitted through it; or
• any other matter relating to the Site or these Terms,

whether based on contract, tort (including negligence), strict liability, statute, or any other legal theory, even if Garden Betty has been advised of the possibility of such damages.

8.2 Liability cap

To the fullest extent permitted by applicable law, Garden Betty’s total aggregate liability for any claims arising out of or relating to the Site, the Content, or these Terms will not exceed the greater of:

1. the amount you paid to Garden Betty, if any, for your use of the Site or the specific service giving rise to the claim during the twelve (12) months preceding the event giving rise to the claim; or
2. $5.

If you have not paid Garden Betty any amount during that period, the liability cap will be $5.

8.3 Third-party products and services

Garden Betty is not responsible for losses, damages, or claims arising from your use of third-party websites, products, services, content, or other offerings. Any dispute concerning a third-party product or service should be addressed directly with the applicable third party.

Garden Betty’s inclusion of a link to, reference to, or discussion of a third-party product or service does not make Garden Betty responsible for that third party’s acts, omissions, representations, warranties, products, services, or obligations.

8.4 Exceptions and applicable law

Nothing in these Terms is intended to exclude or limit liability that cannot lawfully be excluded or limited under applicable law.

Some jurisdictions do not allow certain limitations or exclusions of liability. To the extent those limitations or exclusions are not permitted in your jurisdiction, they will apply only to the maximum extent permitted by law, and the remaining provisions of these Terms will remain in effect.

Nothing in these Terms limits any rights or remedies that you may have under applicable consumer-protection laws that cannot lawfully be waived or limited.

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9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lsquared Media, LLC, d/b/a Garden Betty, and its owners, employees, contractors, service providers, and affiliates from and against claims, liabilities, damages, losses, judgments, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• your violation of these Terms;
• your unlawful, fraudulent, or intentionally wrongful use of the Site;
• your violation of any applicable law, regulation, or third-party right in connection with your use of the Site; or
• your use of the Site in a manner that causes harm to Garden Betty or a third party.

Garden Betty reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to reasonably cooperate with Garden Betty’s defense of any such claim.

You may not settle any claim subject to this Section in a manner that imposes any obligation, liability, admission of wrongdoing, or restriction on Garden Betty without Garden Betty’s prior written consent.

Your obligations under this Section apply only to the extent that the applicable claim, liability, damage, loss, cost, or expense results from conduct for which you are responsible. Nothing in this Section requires you to indemnify Garden Betty for Garden Betty’s own unlawful conduct or for any liability that cannot lawfully be shifted to you under applicable law.

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10. Privacy

Garden Betty’s collection, use, disclosure, retention, and other processing of personal information are described in Garden Betty’s Privacy Policy.

The Site may use cookies, pixels, analytics technologies, advertising technologies, and other similar technologies operated by Garden Betty and by third-party service providers. The use of these technologies and the information collected through them are described in the Privacy Policy.

Third-party websites, services, advertising providers, affiliate networks, and other third parties that you access through or interact with in connection with the Site may have their own privacy practices and policies. Garden Betty’s Privacy Policy does not govern information that you provide directly to those third parties or their independent processing of your information.

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11. Changes to these terms

Garden Betty may update or modify these Terms from time to time. When we make changes, we will post the revised Terms on the Site and update the “Last updated” date at the beginning of the Terms.

Unless otherwise stated, changes to these Terms will become effective when posted. If we make material changes, we may provide additional notice through the Site or by other reasonable means.

Your continued use of the Site after revised Terms become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should discontinue use of the Site.

Garden Betty may also modify, suspend, or discontinue any part of the Site or its Content at any time, with or without notice.

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12. Governing law

These Terms and your use of the Site are governed by and construed in accordance with applicable federal law and the laws of the State of Oregon, without regard to its conflict-of-laws principles, except to the extent that the Federal Arbitration Act or other applicable federal law governs the interpretation or enforcement of the Arbitration Agreement in Section 13.

Nothing in these Terms is intended to deprive you of any rights or protections that cannot lawfully be waived under the laws applicable to you.

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13. Binding arbitration (“Arbitration Agreement”)

a. Applicability of Arbitration Agreement. You agree that any dispute or claim against us, or our vendors or service providers (collectively, “We” or “Us”), related in any way to your access or use of this website, to these Terms, or to any aspect of your relationship with Us, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or We may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For the avoidance of doubt, this includes claims relating to website accessibility or alleged discrimination or failure to provide access based on disability, including claims arising under the Americans with Disabilities Act or other applicable accessibility or disability-discrimination laws. You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises; otherwise, the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

You agree in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against Us, alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against any of Us in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept these Terms, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Process. To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim (including the date(s) and amount(s) of any relevant transaction or interaction with us), and the requested relief, to 3400 NE John Olsen Avenue, Suite 200, Hillsboro, OR 97124. You and We agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within thirty (30) days, you may commence an arbitration action as set forth herein. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, will be subject to JAMS’s most current version of the Streamlined Arbitration Rules and Procedures; all other claims will be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. You may choose to have the arbitration conducted remotely, based on written submissions, or in person at a mutually agreed location. We will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by Us after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

c. Fees. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing, and/or other fees, and you cannot obtain a waiver from JAMS, we will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay Us our attorneys’ fees and costs in the arbitration, to the extent permitted by applicable law.

d. Authority of Arbitrator. The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Us. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Us.

e. Waiver of Jury Trial. You and We hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and We are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in Section (a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f. Waiver of Class or Consolidated Actions. Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor We are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in these Terms.

g. Batch Arbitration. You and We agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Us within an approximately (30) thirty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that – in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration – (s)he may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a “Batch Arbitration”). You and We agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

h. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed, and the remainder of the Arbitration Agreement will continue in full force and effect.

i. Survival. This Arbitration Agreement will survive the termination of your relationship with Us.

j. Modification. Notwithstanding any provision in these Terms to the contrary, We agree that if We make any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) for which that you had already provided notice to Us.

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14. Miscellaneous

14.1 Entire agreement

These Terms constitute the entire agreement between you and Garden Betty concerning your use of the Site and supersede any prior or contemporaneous understandings or agreements concerning the Site, except as otherwise expressly provided in these Terms.

14.2 Severability

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.

The Arbitration Agreement in Section 13 contains separate severability provisions that govern the enforceability of that Arbitration Agreement.

14.3 No waiver

Garden Betty’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or Garden Betty’s right to enforce it in the future.

14.4 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without Garden Betty’s prior written consent.

Garden Betty may assign or transfer its rights and obligations under these Terms without your consent in connection with a merger, acquisition, reorganization, sale of assets, change in ownership, or similar transaction, or to an affiliate or successor.

14.5 No agency

These Terms do not create any partnership, joint venture, employment, agency, franchise, fiduciary, or other similar relationship between you and Garden Betty.

14.6 Force majeure

Garden Betty will not be responsible for any delay or failure to perform resulting from circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, government actions, internet or telecommunications failures, power outages, cyberattacks, hosting or service-provider failures, or other events beyond Garden Betty’s reasonable control.

14.7 Electronic communications

You consent to receive communications from Garden Betty electronically, including by email or through notices posted on the Site. You agree that electronic communications, notices, disclosures, and records satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.

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15. Contact information

If you have questions about these Terms or the Site, you may contact Garden Betty at:

Lsquared Media, LLC, d/b/a Garden Betty
3400 NE John Olsen Avenue
Suite 200
Hillsboro, OR 97124
Email: legal@gardenbetty.com

For notices relating to arbitration, please follow the procedures specified in Section 13.

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