YARDi

Terms of Use
Effective Date: June 25, 2026

1. Introduction
These Terms of Use (“Terms”) govern your access to and use of our website located at yardigarden.com (the “Site”) and any products, services, or features offered through the Site (collectively, the “Product”). By accessing or using the Site, you agree to be bound by these Terms. If you do not agree, you may not use the Site. Use of the Website signifies that you have Read and Accepted the Following.
The Site is not intended for minors. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Site or purchase Product. By using the Site, you represent and warrant that you meet this requirement. You represent and warrant that you possess the legal age and legal capacity to be bound by these Terms and held responsible for any liabilities incurred through your use of this Site.

2. Account Eligibility
To use certain portions of the Site, including to place orders, you will need to create an account ("Account"). You agree to provide us with accurate, complete and updated information for your Account. You are solely responsible for protecting the confidentiality of your password for your Account and may not disclose your password to any other person.
In the event that an unauthorized user gains access to the password-protected area of the Site as a result of your acts or omissions, you agree that you shall be liable for any such unauthorized use.
We expressly reserve the right, in our sole discretion, to terminate your access to any or all areas of the Site or terminate your Account at any time for any reason.

3. User Content
By submission or post of reviews, comments, or other content (“User Content”), you grant to us, our agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, without limitation, in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.
You agree to not publish through the Site any User Content that is unlawful, threatening, harassing or profane.
You represent that your User Content does not violate any law or third-party rights.

4. Prohibited Conduct
You may not:
• Use the Site or the Product for unlawful purposes
• Interfere with the Site’s security or functionality
• Attempt to gain unauthorized access to accounts or systems
• Harvest data from the Site including the use of automated tools (crawlers, deep-link, bots, scrapers, index, click spam, etc.) without permission
• Place a Request in a false name or with an invalid credit card (please be aware that your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you, fraudulent users may be prosecuted to the fullest extent of the law)
• Collect information about the Site or users of the Site without our written consent

5. Linking to the Site
Creating or maintaining any link from another website to any page on this Site without our prior written permission is prohibited. Running or displaying this Site or any material or content displayed on this Site in frames or through similar means on another website without our prior written permission is prohibited. Any permitted links to this Site must comply with all applicable laws, rules and regulations.

6. Third-Party Links
The Site may contain links to third-party websites or services. We do not control and are not responsible for third-party content, policies, or practices. Accessing third-party sites is at your own risk.
Reference to or use of a third-party product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of that product, service, or process by us.

7. Product Information
We make reasonable efforts to display accurate Product descriptions, pricing, and availability. However:
• Prices and availability may change without notice
• We do not guarantee that Product descriptions or images are error-free
• We reserve the right, in our sole discretion and without notice to you, to refuse Product, cancel orders, including that we believe a customer or potential customer has violated the law or we perceive that a potential risk exists to our property rights, or our rights have been misused.

8. Orders and Payment
By placing an order, you agree to:
• Provide valid payment information
• Authorize us to charge your selected payment method
• Accept that all orders are subject to acceptance and availability
We may refuse or cancel any order, including for suspected fraud, unauthorized activity, or Product unavailability.

9. Intellectual Property
All content on the Site (including text, images, graphics, logos, designs, and software) is owned by or licensed to us and protected by copyright, trademark, and other intellectual property laws.
You may not:
• Copy, reproduce, distribute, or create derivative works
• Use our trademarks without written permission
Unless otherwise noted, the Site and all content appearing on the Site includes our copyright-protected property. To remind you of our copyright property rights, we provide the following notice: © 2026 Athena. All rights reserved.
We have developed various words, collections of letters, designs, and other features so that users of our Site and our Product can easily identify that we are the source of this information. These source identifiers are protected under various laws including federal and state trademark laws.

10. DMCA Notice and Takedown Policy
We respect the intellectual property rights of others and expect users of the Site to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), we will respond to properly submitted notices of alleged copyright infringement that comply with the DMCA. Please reach out to us according to the Contact Information below and reference “DMCA Takedown Request.”

11. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains how we collect, use, and disclose personal information. The Privacy Policy is incorporated into these Terms.

12. Return, Refund, and Shipping Policies
Your use of the Site is also governed by our Return & Refund Policy and Shipping Policy, which are incorporated into these Terms.

13. Disclaimer of Warranties
THE SITE, INCLUDING ALL CONTENT, FUNCTIONS, INFORMATION, AND PRODUCT MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FIT FOR A PARTICULAR PURPOSE.
WE DO NOT GUARANTEE CROP PERFORMANCE, COMPLIANCE WITH CULTIVATION LAWS, User responsibility for proper handling, storage, and use OF PRODUCT. THE SITE OR PRODUCT DOES NOT OFFER OR IMPLY agronomic, PROFESSIONAL, LEGAL, OR REGULATORY ADVICE.
WE DO NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS.

14. Limitation of Liability
We are not liable for any loss of profit, revenue, loss of business, business interruption, loss of business opportunity, or similar loss. We are not liable for any indirect, incidental, special, or consequential damage, including property damage, arising from your use of the Site or Product.

We are not liable for delay or failure in performance resulting from causes beyond our reasonable control. Such events include, without limitation, natural disasters, fire, severe weather, public health emergency, war, terrorism, labor disputes, supply chain disruptions, embargoes, power outages, telecommunications failures, transportation interruptions, or any other event or circumstance that makes performance commercially impracticable.

Our total liability TO YOU FOR ALL DAMAGES, LOSSES AND CLAIMS (WHETHER IN CONTRACT OR TORT, NEGLIGENCE) arising from your use of the Site or Product will not exceed the amount you paid for the use of the site or the Product.
You agree that any CLAIM arising out of or related to the Site or the Terms of Service must commence within one (1) year after the CLAIM arose; otherwise, such CLAIM is permanently barred.

You acknowledge that you understand that by accessing the Site and agreement to these Terms, you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, and expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law or any state or territory, which provides as follows : “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor.”

15. Indemnification
By using the Site, you agree to indemnify, defend and hold us harmless from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms or any law, rule or regulation; (2) your use of the Site or Product; or (3) your violation of any third-party rights.
We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully and reasonably as required by us in the defense of any claim.

16. Arbitration and Governing Law
To the fullest extent permitted by law, you agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the Product, shall attempt to be resolved through arbitration governed by the Federal Arbitration Act (“FAA”), rather than in court.
Arbitration is not required for: (1) claims that qualify for small claims court; (2) claims for injunctive or other equitable relief to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (3) claims that cannot be compelled to arbitration as a matter of law.
In the unlikely event we end up in a legal dispute, you agree that the laws of the State of California, USA, excluding its conflict of laws rules, shall exclusively govern. You agree that all claims and disputes can be resolved only in the federal or state courts in Santa Clara County, California, USA, and you agree to personal jurisdiction in those courts.

17. Class Action Waiver
You agree that any claims you bring against us are only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. You agree that your claims may not be joined or consolidated with any other person’s claims.

18. Complete Agreement and Severability
This is the entire agreement between us and you and supersedes all prior understandings. We may update these Terms at any time in our sole discretion by posting the revised terms on the Site. Changes are effective when posted. Your continued use of the Site or Product constitutes your acceptance of the updated Terms.

If any term or condition of this Agreement is deemed invalid, void, or for any reason unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining term or condition.

19. Contact Information
Email: support@yardigarden.com
Address: Athena Ag, Inc., 436 Atlantic Blvd, Neptune Beach, Florida, 32266 USA