General Terms of Use

General Terms of Use

General Terms of Use

The Terms are a legally binding contract between you and Fresno Home and Garden Shows (FHGS). By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or representative actions.

This contract sets out your rights and responsibilities when you use Shophome andgardenshow.com. By using our Services you’re agreeing to the Terms.

Privacy

Both FHGS and sellers process information and are therefore considered separate and independent data controllers of buyers’ personal information. If, however, FHGS and sellers are found to be joint data controllers of buyers’ personal information, and if FHGS is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller, you agree to indemnify FHGS for the expenses in connection with your processing of buyer personal information.

Ad Content

  1. Responsibility for Your Content.You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you’re not infringing or violating any third party’s rights.
  2. Permission to Use Your Content. By posting your content through our services, you grant FHGS a license to use it.
  3. Inappropriate, False, or Misleading Content.  You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive. You also agree not to post any content that is false and misleading.

Limitation of Liability

Items You Purchase. You understand that FHGS does not manufacture, store, or inspect any of the items sold. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so FHGS cannot and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release FHGS from any claims related to items sold, including for defective items, misrepresentations by sellers, or items that caused physical injury.

Termination

Termination by FHGS. We may terminate or suspend your account (and any related accounts) and your access to our site at any time, for any reason, and without advance notice. FHGS may refuse service to anyone, at any time, for any reason.

Discontinuation of Services. FHGS reserves the right to change, suspend, or discontinue any of our services at any time, for any reason. We will not be liable to you for the effect that any changes may have on you, including your income or your ability to generate revenue.

Disputes

With Other Merchants

If you find yourself in a dispute with another user of FHGS’s site or a third party, we encourage you to contact the other party and try to resolve the dispute. If asked, FHGS will attempt to help you resolve disputes in good faith and based solely on our interpretation of policies; we will not make judgments regarding legal issues or claims. FHGS has no obligation to resolve any disputes, and you release FHGS from any claims, demands, and damages arising out of disputes.

With Fresno Home and Garden Show

You agree to handle any and all disputes with FHGS through an Arbitration Process, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”). Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and FHGS are each waiving the right to trial by jury or to participate in a class action or class arbitration. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.

Forum. We’re based in Granite Bay, CA, so any legal action against FHGS related to our services must be filed and take place in Placer County, California. For all actions under the AAA Rules, the proceedings may be filed where your residence is, or in Placer County, California, and any in-person hearings will be conducted at a location that is reasonably convenient to both parties taking into account their ability to travel and other pertinent circumstances. For any actions not subject to arbitration, you and FHGS agree to submit to the personal jurisdiction of a state or federal court located in Placer County, California.

Indemnification

If FHGS gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend FHGS (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable attorney’s fees) that arises from your actions, your use (or misuse) of our services, your breach of the Terms, or your account’s infringement of someone else’s rights.