Terms of Use

1. Introduction to the Terms of Use
Welcome to MyCityGardens, a service that connects people with an interest in gardening to people willing to share their property, through use of the website www.mycitygardens.com. The owner and creator of www.mycitygardens.com is MyCityGardens, a company based in Brookline and Cambridge, MA. MyCityGardens provides a set of online services, including advertisements, forums, weblogs, and email services, (collectively referred to as “the Service” or “Services") subject to the following Terms of Use ("TOU").
This TOU is an agreement and contract between Users of the website and MyCityGardens. Before you use this website and/or become a registered Member of MyCityGardens, you must read and accept all of the terms and provisions contained in this TOU. If you do not agree to abide by TOU, do not use this website and MyCityGardens Services. Your continued use of the MyCityGardens website and Services indicates your acceptance of the TOU.
To enhance the flow of your reading experience, we have provided headings throughout this TOU. The headings have no legal or contractual effect; they are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

2. Explanation of Words We Use in this TOU
In this TOU, we may refer to website users by any of the following words: “you,” “User(s),” or “Member(s).” We may also refer to specific types of Members, based on how those Members use the Service. Members who offer their yard space to others are referred to as “Yard Holders”. Members who seek gardening space are referred to as “Gardeners”. The use of the word “vegetables” may sometimes be used to refer to other plant materials produced through a transaction on this site, including herbs, fruit and ornamentals.
MyCityGardens is also referred to here as “we” or “us.” The website www.mycitygardens.com and any pages, information, programs, or software stored under that domain name are referred to collectively as the “site,” “website,” or “software.”
By registering with MyCityGardens, you create an “account” or “membership.”
All actions taken by Yard Holders and/or Gardeners, in support of the Gardeners and/or Yard Holders gardening on the Yard Holder’s property including: making arrangements to garden, preparing the Yard Holder’s property for gardening, establishing and tending to the arranged garden, preparing the garden for winter or dividing up vegetables produced by the garden, are collectively referred to as “yard sharing” or “yard sharing activities”.
All postings, messages, text, files, images, photos, video, sounds, or other materials made available on the website are referred to as "Content." Content created and/or made available by MyCityGardens is referred to as “MyCityGardens Content” or “Our Content.” Content created and/or made available by Users is referred to as “User Content.” Content created by you, an individual User, is referred to as “Your Content.”

3. Eligibility to Use this Website
By using the MyCityGardens website or the Services, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by its terms and conditions. Our services are not available to persons under the age of 18. By becoming a Member of MyCityGardens, you represent and warrant that you are at least 18 years old.

4. Periodic Modifications to this TOU
MyCityGardens reserves the right to change or modify this TOU at any time. Such modifications shall become effective immediately upon the posting. You must review this TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: www.mycitygardens.com/termsofuse.

5. Your License to Access MYCITYGARDENS Services
MyCityGardens grants you a limited, revocable, nonexclusive license to access the Services for your own personal use. Your license for access and use of the MyCityGardens site and any information, materials, and documents therein are subject to the terms contained in this TOU.

6. The Limited Scope of MyCityGardens
MyCityGardens merely provides a listing and searching service, as a way to facilitate yard sharing. We are not otherwise involved in the act of providing space for gardening or the gardening itself, and we are not present when any yard sharing activities are underway. It is up to Yard Holder and Gardener to carry out yard sharing activities. MyCityGardens shall have no liability relating to the interactions between Users of the Service or in connection with any damages, injury, or losses incurred by a User in connection with any yard sharing activities.

7. Registration and Fees
To access the Services on MyCityGardens, you must register for the Service through “Create a New Account.” The cost of registration and transaction fees are currently free but are subject to change. MyCityGardens may sell professional landscaping services unrelated to Gardeners. Information about current registration and transaction fees will be kept updated and available on the website under “About” or “FAQ” sections of the site. Users will have an opportunity to review and accept the fees that will be charged. For promotional purposes, we may sometimes offer free or discounted services.

8. Your Responsibilities
In consideration of your use of the Services and/or registration with MyCityGardens, you agree to the following:
a. You Agree to Provide True Information
You agree to: (1) provide true, accurate, current, and complete information about yourself as prompted by the Services registration form ("Create New Account") and (2) maintain and promptly update “My Account” to keep it true, accurate, current, and complete.
b. You Agree to Protect Your Password and Report Breaches of your Account
You will receive a password and account designation upon completing the MyCityGardens registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (1) immediately notify MyCityGardens of any unauthorized use of your password or account or any other breach of security, and (2) ensure that you exit from your account at the end of each session. MyCityGardens cannot and will not be liable for any loss or damage arising from your failure to comply with these rules.
c. You Agree Not to Post, Email, or Otherwise Make Available Content of the Following Nature:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
that is pornographic
that harasses, degrades, intimidates, or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
that impersonates any person or entity, including, but not limited to, a MyCityGardens employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures);
that includes personal or identifying information about another person without that person's explicit consent;
that is false, deceptive, misleading, deceitful, misinformative, fraudulent, or constitutes "bait and switch;"
that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "multi-level marketing," "pyramid schemes," or unsolicited commercial advertisement;
that constitutes or contains any form of advertising or solicitation if: posted in areas of the MyCityGardens sites which are not designated for such purposes;
that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy ,or limit the functionality of any computer software or hardware or telecommunications equipment;
that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Services, or that otherwise negatively affects other Users' ability to use the Services; or
that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Services.
d. You Agree Not To Engage in the Following:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
"stalk" or otherwise harass anyone;
collect personal data about other Users for commercial or unlawful purposes;
use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Services - unless expressly permitted by MyCityGardens;
post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
attempt to gain unauthorized access to MyCityGardens 's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the MyCityGardens website; use any form of automated device or computer program that enables the submission of postings on MyCityGardens without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. Postings include listings of offers to deal or trade and other postings such as comments, among other Content provided by Users or third-parties accessing the MyCityGardens website;
use a Posting Agent to post Content to the Services
collect, aggregate, copy, duplicate, display, or make derivative use of the Services for any purpose unless expressly permitted by MyCityGardens. MyCityGardens permits you to display on your website, or create a hyperlink on your website to, individual postings on the Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds ten (10) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by MyCityGardens to do so. Notwithstanding the foregoing, Users may link to their own posts without limit.
e. You Agree to Comply with Applicable Laws and Regulations:
You agree that you will use the Services in a manner consistent with any and all applicable laws and regulations of your jurisdiction. It is your responsibility to investigate and comply with all applicable laws, including, but not limited to, laws pertaining to interstate commerce, requirements for quarantine of plants transported across state lines, regulations promulgated by the U.S. Department of Agriculture, state and/or local authorities regulating growth, production, distribution, transportation, processing and/or sale of food or agricultural products, and any regulations having the force of law;

9. Email Communications from MyCityGardens
Email communications sent to you from MyCityGardens are designed to make your MyCityGardens experience more efficient and enjoyable. By becoming a Member, you agree to accept and consent to receiving email communications initiated from us, which include, without limitation: message notification emails, emails informing you about potential available matches, our monthly electronic newsletter, and emails informing you of new and existing features or Terms of Use. If you do not wish to receive our email newsletter or other promotional emails, you may request to opt out of receiving those emails via MyCityGardens contact form www.mycitygardens.com/contact.

10. Content Posted By Users
All postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Services, are the sole responsibility of the person from whom such Content originated.
You understand that MyCityGardens does not control, and is not responsible for User Content made available through the Services, and that by using the Services, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. MyCityGardens makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any User Content. You agree that you must evaluate and bear all risks associated with the use of or reliance on any Content, and that under no circumstances will MyCityGardens be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise made available via the Services. You acknowledge that MyCityGardens does not always pre-screen or approve Content, but that MyCityGardens shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Services for violating the letter or spirit of the TOU or for any other reason.
Although MyCityGardens does not claim ownership of User Content or Your Content, by posting Content to any public area of the Services, you automatically grant, and you represent and warrant that you have the right to grant to MyCityGardens an irrevocable, perpetual, non-exclusive, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content. Furthermore, by posting Content to any public area of the Services, you automatically grant MyCityGardens all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Services by any party for any purpose.
You acknowledge that MyCityGardens may establish limits concerning use of the Services, including the maximum number of days that Content will be retained by the Services, and the maximum size and number of postings, email messages, or other Content that may be transmitted or stored by the Services. You agree that MyCityGardens has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Services. You acknowledge that MyCityGardens reserves the right at any time to modify or discontinue the Services (or any part thereof) with or without notice, and that MyCityGardens shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

11. MYCITYGARDENS is Not Responsible for Third Party Content
The MyCityGardens website and Content available through the Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of MyCityGardens, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.
Your interactions with third party organizations and/or individuals found on or through the Services, including payment, exchange and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such entities, either organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any such third parties.

12. Disputes Between Two or More Users, or Between Users and Third Parties
If there is a dispute between participants on this site, or between Users and any third party, you understand and agree that MyCityGardens is under no obligation to become involved. In the event that you have a dispute with one or more other Users, you hereby release MyCityGardens, its officers, employees, owners, agents, and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Service.

13. IMPORTANT: Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:
a. YOUR USE OF THE MyCityGardens WEBSITE AND SERVICES ARE AT YOUR SOLE RISK.
Your use of the MyCityGardens website and Services are at your sole risk. The MyCityGardens website and Services are provided on an “as is” and “as available” basis. MyCityGardens expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. MyCityGardens makes no warranty or representation that the quality of any products, veggetables, services, information obtained by you through the MyCityGardens website and Services will meet your expectations.
b. MyCityGardens MAKES NO WARRANTIES WITH REGARD TO THE FITNESS OR RELIABILITY OF ITS WEBSITE
MyCityGardens makes no warranty that:
i) the MyCityGardens website and Services will meet your requirements
ii) the MyCityGardens website and Services will be uninterrupted, timely, secure, or error-free
iii) the results that may be obtained from the use of the MyCityGardens website and Services will be accurate or reliable
iv) that the website is free of viruses or other harmful components, or
v) any errors in the website will be corrected.
c. YOU WAIVE ALL CLAIMS AGAINST MyCityGardens FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
Any material downloaded or otherwise obtained through the use of the MyCityGardens website and Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
d. MyCityGardens MAKES NO WARRANTIES WITH REGARD TO THE RELIABILITY OF INFORMATION OBTAINED ON THE WEBSITE
MyCityGardens makes not warranties with regard to the reliability of information obtained on the website. You understand that MyCityGardens does not control, and is not responsible for User Content made available through the Services. MyCityGardens makes no representation or warranty as to the accuracy, completeness, or authenticity of the information contained in any User Content. You agree that you must evaluate and bear all risks associated with the use of or reliance on any Content, and that under no circumstances will MyCityGardens be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Services. You acknowledge that MyCityGardens does not always pre-screen or approve Content, but that MyCityGardens shall have the right (but not the obligation) in its sole discretion to refuse, delete, or move any Content that is available via the Services, for violating the letter or spirit of the TOU or for any other reason.
e. MyCityGardens MAKES NO WARRANTIES WITH REGARD TO THE SAFETY OF THE ACTIVITIES RELATED TO YARD SHARING, OR WITH REGARD TO THE QUALITY OF ACTIVITIES RELATED TO YARD SHARING
MyCityGardens makes no warranty or representation with regard to the safety or quality of the space and surrounding property being made available for gardening, the gardening activities themselves or the vegetables produced. It is the responsibility of Users to be informed about safety of area they are gardening, the person invited to garden and the safe handling of food safe plant growing practices. MyCityGardens makes no warranty or representation with regard to the quality of vegetables, fitness for eating, or any pesticides that may or may not have been used in the growing of the vegetables. MyCityGardens makes no warranty or representation with regard to the quality of the property Users may be gardening or the quality of the person a User may invite to garden on his/her property. MyCityGardens does not control offered vegetables and other backyard products, such as herbs and vegetables nor does it control offered yard sharing services or properties, and therefore has no ability to regulate the individuals who utilize this site. MyCityGardens is not responsible for ensuring the freshness and quality of the vegetables, or for any pesticide that may or may not have been used in connection with any vegetables given or received.
f. MyCityGardens MAKES NO WARRANTIES WITH REGARD TO THE SAFETY OF INTERACTING WITH OTHER MEMBERS
MyCityGardens makes no warranties with regard to the safety of interacting with other Members. MyCityGardens cannot and does not confirm each Member's purported identity. MyCityGardens has no control over the integrity of Members, their behavior, or the truth or accuracy of Members’ information listed on the Website. Members should use common sense and precaution when interacting with strangers. We also encourage you to extensively communicate directly with each potential Yard Holder or Gardener prior to entering a Users propert, inviting a User onto your property or engaging in other yard sharing activities. Members interact with each other at their own discretion and risk and hereby waive any and all claims and causes of action with respect to any damage, injury, or loss arising from interactions with other Members.

14. IMPORTANT: Limitation of Liability
AS CONSIDERATION FOR YOUR USE OF MyCityGarden’s SERVICES, YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCITYGARDENS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MYCITYGARDENS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(a) THE USE OR THE INABILITY TO USE THE MYCITYGARDENS SERVICE;
(b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE MYCITYGARDENS SERVICE;
(e) COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SITE OR THE SERVICES,
(f) ENTERING ONTO THE PROPERTY OF OTHERS, AND/OR GARDENING,
(g) PERMITTING OTHERS TO ENTER ONTO YOUR PROPERTY, OR
(h) ANY OTHER MATTER RELATING TO THE SERVICES OR YOUR USE OF THEM.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYCITYGARDENS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND OR EMOTIONAL DISTRESS AND DISCOMFORT RESULTING FROM:
(a) COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SITE OR THE SERVICES,
(b) ENTERING ONTO THE PROPERTY OF OTHERS AND/OR GARDENING,
(c) PERMITTING OTHERS TO ENTER ONTO YOUR PROPERTY, OR
(d) ANY OTHER MATTER RELATING TO THE SERVICES OR YOUR USE OF THEM.
YOU ALSO AGREE TO HOLD MYCITYGARDENS HARMLESS FOR OTHER USERS’ ACTIONS OR INACTIONS, INCLUDING ANYTHING POSTED BY USERS. YOU ACKNOWLEDGE THAT MYCITYGARDENS IS NOT A TRADITIONAL AUCTIONEER, FARMERS MARKET OR PROPERTY MANANGER AND THAT MYCITYGARDENS IS ONLY PROVIDING A FORUM FOR PEOPLE TO OFFER AND/OR OBTAIN YARD SHARING RELATIONSHIPS. MYCITYGARDENS IS NOT INVOLVED IN THE ACTUAL PHYSICAL TRANSACTION BETWEEN YARD HOLDERS AND GARDENERS. YOU AGREE THAT MYCITYGARDENS DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ITEMS ADVERTISED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF YARD HOLDERS TO OFFER GARDENABLE LAND, THE ABILITY OF GARDENERS TO PRODUCE VEGETABLES OR ORDIMENTS, OR THAT A TRANSACTION WILL BE COMPLETED.

15. Indemnity
You agree to release MyCityGardens, including its subsidiaries, affiliates, officers, employees, agents, partners, and owners (collectively “Indemnified Parties”), from all claims and obligations and to indemnify and hold the Indemnified Parties harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorney's fees, arising out of or in connection with Content you make available on the website, any Third Party Content you post or share on or through the site, your use of the Services or the site, your conduct in connection with the Services or the site, your conduct or interactions with other Users of the Services or the site, your violation of this TOU, your violation of any law, or your violation of the rights of any third party.

16. Termination of your Membership
We reserve the right but are not obligated to investigate and terminate your participation in MyCityGardens if you have misused the site or the Services, violated the TOU, provided inaccurate or incomplete information, or behaved in a way which could be regarded as inappropriate or unlawful.

17. Proprietary Rights
All intellectual property rights to the MyCityGardens Content, website, and in the Service, including rights to designs, text, graphics, pictures, video, information, software, music, sound, and other files, shall be owned by MyCityGardens, absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered), and other similar rights wherever existing in the world together with the right to apply for protection of the same.
Unless MyCityGardens explicitly permits you to do so, no MyCityGardens’s Content or User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without prior written permission of MyCityGardens, except that the foregoing does not apply to Your Content that you legally post on the Site. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any aspect of the Services.

18. You Are Also Subject to the Terms of the General Public License for Copying, Distribution, and Modification of this Software

19. Violations of this TOU
Please report any violations of the TOU to info@mycitygardens.com
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for MyCityGardens to pursue legal action to enforce this TOU against you, you will be liable to pay MyCityGardens all court costs, attorney fees, and any actual damages, which you accept as reasonable under this TOU. Notwithstanding any other provision of this TOU, MyCityGardens retains the right to seek the remedy of specific performance of any term contained in this TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this TOU, or any combination thereof.

20. Reporting Copyright Infringement to MyCityGardens
We respect the intellectual property rights of others and we prohibit Users from uploading, posting or otherwise transmitting on the site or in connection with the MyCityGardens Service any materials that violate another party's intellectual property rights. In accordance with the Digital Millennium Copyright Act, when we receive proper Notice, as described below, of an alleged copyright infringement, we will take steps to investigate the infringement, may remove or disable access to the allegedly infringing material, and/or may terminate the accounts of repeat infringers. If you believe that any material on the MyCityGardens website infringes upon any copyright which you own or control, you may send a written notification of such infringement to MyCityGardens via MyCityGardens contact form www.mycitygardens.com/contact.
Please provide us with the following Notice:
(1) Identify the material on the MyCityGardens site that you claim is infringing, with enough detail so that we may locate it on the website;
(2) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(3) A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
(4) Your address, telephone number, and email address; and
(5) Your physical or electronic signature.

21. IMPORTANT: Resolution of Disputes or Legal Claims between You and MyCityGardens
Should any dispute or legal claim arise between you and MyCityGardens, you and MyCityGardens agree to attempt resolution of such dispute or legal claim through verbal or written discussion. You and MyCityGardens agree that all disputes or legal claims between you and MyCityGardens that cannot be resolved through discussion will be submitted to confidential mediation in Middlesex County, Massachusetts. The mediation shall be conducted by a mediator mutually agreed on by you and MyCityGardens, and the cost of such mediation shall be split equally between you and MyCityGardens.

22. Should mediation be ineffective at resolving the dispute, the dispute shall be submitted to binding and confidential arbitration in Middlesex County, Massachusetts. The arbitration shall be conducted by the American Arbitration Association, or any other established alternative dispute resolution provider mutually agreed upon by you and MyCityGardens. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

23. Choice of Law and Forum
The TOU and the relationship between you and MyCityGardens shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions. You and MyCityGardens agree to submit to the personal and exclusive jurisdiction of the courts located within Middlesex County, Massachusetts, or of the U.S. District Court for Massachusetts, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

24. General Provisions
The failure of MyCityGardens to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid or unenforceable, 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 the TOU remain in full force and effect. The section titles in the TOU are for convenience only and have no legal or contractual effect. You agree that your MyCityGardens account is non-transferable. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this agreement.

25. Date of Last Revision of this TOU
March 20, 2012