Rita's Garden Path

Terms of Service

Last updated:

Agreement to Terms

Welcome to Rita's Garden Path, operated by Lumina Studio LLC ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website at ritasgardenpath.com (the "Site") and any related services we provide.

By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Site.

Description of Services

Rita's Garden Path provides:

  • A searchable database of 7,000+ plants with information about USDA hardiness zones, sun exposure, bloom times, and growing conditions
  • An interactive USDA Hardiness Zone map to help you identify your growing zone
  • Educational blog content about gardening, plant care, and seasonal inspiration
  • Free downloadable resources including coloring books, gardening guides, and planning tools
  • A weekly newsletter with gardening tips and advice

Our services are provided for informational and educational purposes only. We reserve the right to modify, suspend, or discontinue any part of our services at any time without prior notice.

User Accounts and Subscriptions

You may need to provide your email address and name to access certain features, such as downloading free resources or subscribing to our newsletter. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Use our services only for lawful purposes and in accordance with these Terms
  • Not share your account credentials with others

You may unsubscribe from our newsletter at any time by clicking the unsubscribe link in any email we send you.

Intellectual Property Rights

Our Content

All content on this Site, including but not limited to text, graphics, logos, images, plant data, articles, guides, and software, is the property of Lumina Studio LLC or its content suppliers and is protected by United States and international copyright laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of our content, except as follows:

  • You may download and print free resources we explicitly make available for download (such as coloring books and guides) for your personal, non-commercial use
  • You may share links to our content on social media or other websites, provided you do not remove or alter any copyright notices

Plant Data Sources

Plant data on our Site is compiled from various public sources, including the USDA Plants Database. We make reasonable efforts to ensure accuracy but cannot guarantee that all information is complete or error-free.

User-Generated Content

If we allow you to submit content (such as comments or reviews in the future), you retain ownership of your content but grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display that content in connection with our services.

Prohibited Uses

You agree not to use our Site for any of the following purposes:

  • Violating any local, state, national, or international law or regulation
  • Infringing on the intellectual property rights of others
  • Transmitting any harmful code, viruses, or malicious software
  • Attempting to gain unauthorized access to our Site, servers, or networks
  • Scraping, crawling, or harvesting data from our Site using automated means without our express written permission
  • Interfering with or disrupting the operation of our Site or servers
  • Impersonating any person or entity or falsely stating or misrepresenting your affiliation with any person or entity
  • Using our services for any commercial purpose without our consent

Disclaimer of Warranties

YOUR USE OF OUR SITE AND SERVICES IS AT YOUR SOLE RISK.

Our Site and all content, plant data, and services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Site will be uninterrupted or error-free
  • Warranties that plant data is accurate, complete, or suitable for your specific location or conditions

Gardening Advice Disclaimer: The information on our Site is for general informational and educational purposes only. We are not professional horticulturists, botanists, or agricultural experts. Plant hardiness zones are guidelines only, and actual plant performance may vary based on microclimates, soil conditions, rainfall, and other factors. We recommend consulting with local garden centers, extension offices, or professional landscapers for specific advice about your garden.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, LUMINA STUDIO LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or data
  • Loss of plants, crops, or gardens
  • Cost of substitute services or products
  • Damages resulting from reliance on information provided on our Site

Our total liability to you for any claims arising from your use of our Site shall not exceed the amount you paid us (if any) to access our services.

Indemnification

You agree to indemnify, defend, and hold harmless Lumina Studio LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Site or services
  • Your violation of these Terms
  • Your violation of any rights of another person or entity

Third-Party Links

Our Site may contain links to third-party websites or services (such as the USDA Plants Database, Old Farmer's Almanac, or seed suppliers). These links are provided for your convenience only.

We do not endorse or assume any responsibility for the content, privacy policies, or practices of any third-party websites or services. You access third-party websites at your own risk.

Geographic Restrictions

Our Site is intended for users in the United States. Plant hardiness zone information is based on the USDA Hardiness Zone Map, which applies to the United States. If you access our Site from outside the United States, you do so at your own risk and are responsible for compliance with local laws.

Termination

We reserve the right to terminate or suspend your access to our Site immediately, without prior notice or liability, for any reason, including if you breach these Terms.

Upon termination, your right to use our Site will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will notify you by posting the new Terms on this page and updating the "Last updated" date.

Your continued use of our Site after any changes constitute your acceptance of the new Terms. We encourage you to review these Terms periodically.

Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of our Site shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court, except that you may assert claims in small claims court if your claims qualify.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Lumina Studio LLC regarding your use of our Site and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms, please contact us at:

Lumina Studio LLC
Email: hello@ritasgardenpath.com
Website: ritasgardenpath.com