AGREEMENT AND WARRANTY STATEMENT: APPLIES TO WEB SITES www.yourdesignerlandscapes.
net and www.yourdesignerlandscapes.com and or its tutorials and cd products and designs available for
your use.
WWW. YourDesignerLandscapes Inc. (referred to in this terms and conditions agreement as YDL Inc)
PLEASE READ THE TERMS CAREFULLY. BY Using this site, YOU WILL INDICATE YOUR
AGREEMENT WITH THEM. IF YOU DO NOT AGREE WITH THESE TERMS, THEN Please do not use
this web site, IN WHICH EVENT YOU SHOULD NOT PROCEED WITH USING THIS SITE.
1. The Site. The Site or CDs purchased are licensed under this Agreement consists of computer
programs, data compilation(so), and documentation referred to as YDL Inc,(the "Software").
2. Perpetual Term For Registered Version License. The term of the license granted herein for the
registered version of the Site and or Software shall be perpetual unless terminated by written notice by
You for convenience or terminated by either party for material breach. Immediately upon termination of
this license for any reason, You shall return to YDL Inc all copies of the Software and documentation
and cease using this site.
3. Registered Version License Grant for Single Copies (Non-Network Use) for the software. If You are a
registered user of the Software or the web site , You are granted non-exclusive rights to install and use
the Software by a single person who uses the Software only on one primary computer or workstation
and optionally a secondary laptop computer or home computer. You may copy the Software for archival
purposes, provided that any copy must contain the original Software's proprietary notices in unaltered
form.
4. Registered Version License Grant For Network Use. If You are a registered user of the Software,
You are granted non-exclusive rights to install and use the Software and/or transmit the Software over
an internal computer network, provided You acquire and dedicate a licensed copy of the Software for
each user who may access the Software concurrently with any other user. You may copy the Software
for archival purposes, provided that any copy must contain the original Software's proprietary notices in
unaltered form.
5. Restrictions. You may not: (i) permit others to use the Software, except as expressly provided above
for authorized network use; (ii) modify or translate the Software; (iii) reverse engineer, decompile, or
disassemble the Software, except to the extent this restriction is expressly prohibited by applicable law;
(iv) create derivative works based on the Software; (v) merge the Software with another product; (vi)
copy the Software, except as expressly provided above; or (vii) remove or obscure any proprietary
rights notices or labels on the Software.
6. Runtime License. If You are a registered user of the Software.
7. Purchase of Additional Licenses. Registered users of the Software may purchase license rights for
additional authorized use of the Software in accordance with YDL Inc then-current volume pricing
schedule. Such additional licenses shall be governed by the terms and conditions hereof. You agree
that, absent YDL Inc express written acceptance thereof, the terms and conditions contained in any
purchase order or other document issued by You to YDL Inc for the purchase of additional licenses,
shall not be binding on YDL Inc to the extent that such terms and conditions are additional to or
inconsistent with those contained in this Agreement.
8. Transfers. You may not transfer the Software or any rights under this Agreement without the prior
written consent of YDL Inc. A condition to any transfer or assignment shall be that the recipient agrees
to the terms of this Agreement. Any attempted transfer or assignment in violation of this provision shall
be null and void.
9. Ownership. YDL Inc and its suppliers own the Software and all intellectual property rights embodied
therein, including copyrights and valuable trade secrets embodied in the Software's design and coding
methodology. The Software is protected by copyright laws and international treaty provisions. This
Agreement provides You only a limited use license, and no ownership of any intellectual property.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY. YDL Inc. PROVIDES THE WEB site and
SOFTWARE "AS-IS" AND PROVIDED WITH ALL FAULTS. NEITHER YDL Inc NOR ANY OF ITS
SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YDL Inc
AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-
INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM
INTEGRATION, AND DATA ACCURACY. THERE IS NO WARRANTY OR GUARANTEE THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR VIRUS-FREE, OR
THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE, QUALITY,
ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION,
AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL
PART OF THIS AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT
UNDER THIS DISCLAIMER.
If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE
LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some states do not allow
limitations on how long an implied warranty may last, so the above limitations may not apply to You.
This warranty gives you specific rights, and You may have other rights which vary from jurisdiction to
jurisdiction.
To the extent that this Warranty Statement is inconsistent with the jurisdiction where You use the
Software, the Warranty Statement shall be deemed to be modified consistent with such local law. Under
such local law, certain limitations may not apply, and you may have additional rights which vary from
jurisdiction to jurisdiction. For example, some states in the United States and some jurisdictions outside
the United States may: (i) preclude the disclaimers and limitations of this Warranty Statement from
limiting the rights of a consumer; (ii) otherwise restrict the ability of a manufacturer to make such
disclaimers or to impose such limitations; or (iii) grant the consumer additional legal rights, specify the
duration of implied warranties which the manufacturer cannot disclaim, or prohibit limitations on how
long an implied warranty lasts.
INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY,
INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL
YDL Inc OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF YDL Inc HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN NO EVENT SHALL YDL Inc LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER,
AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE
PAID FOR THE SOFTWARE LICENSE.
EXPORT CONTROLS. You agree to comply with all export laws and restrictions and regulations of the
United States or foreign agencies or authorities, and not to export or re-export the Software or any
direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary
approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary
licenses and/or exemptions with respect to its own export of the Software from the U.S. Neither the
Software nor the underlying information or technology may be electronically transmitted or otherwise
exported or re-exported (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country
subject to U.S. trade sanctions covering the Software, to individuals or entities controlled by such
countries, or to nationals or residents of such countries other than nationals who are lawfully admitted
permanent residents of countries not subject to such sanctions; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce
Department's Table of Denial Orders. By downloading or using the Software, Licensee agrees to the
foregoing and represents and warrants that it complies with these conditions.
MISCELLANEOUS. This Agreement constitutes the entire understanding of the parties with respect to
the subject matter of this Agreement and merges all prior communications, representations, and
agreements. This Agreement may be modified only by a written agreement signed by the parties. If any
provision of this Agreement is held to be unenforceable for any reason, such provision shall be
reformed only to the extent necessary to make it enforceable. This Agreement shall be construed
under the laws of the Province of Manitoba, Canada, excluding rules regarding conflicts of law. The
application the United Nations Convention of Contracts for the International Sale of Goods is expressly
excluded. This license is written in English, and English is its controlling language.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.
R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R.
12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users
acquire the Software with only those rights set forth herein.
LICENSEE OUTSIDE THE U.S. If You are located outside the U.S., then the following provisions shall
apply: (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous les
documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation: "The
parties confirm that this Agreement and all related documentation is and will be in the English
language."); and (ii) You are responsible for complying with any local laws in your jurisdiction which
might impact your right to import, export or use the Software, and You represent that You have complied
with any regulations or registration procedures required by applicable law to make this license
enforceable
IMPORTANT INFORMATION
THIS www.YourDesignerLandscapes inc. TUTORIAL IS PROVIDED TO VISITORS TO THE WEB SITE
OF. www.Your Designer Landscapes Inc. AND ASSUME NO RESPONSIBILITY FOR THE CONTENT AND
RESULTS PRODUCED FROM THE TUTORIALS.
Because working conditions, safety issues, tools, equipment and skills of the individual can vary greatly,
. www.Your Designer Landscapes Inc. assumes no responsibility for any damages, injuries or losses
that occur as a result of using the information provided by . www.Your Designer Landscapes Inc.
instructional services. Do not use . www.Your Designer Landscapes Inc. tutorials as a substitute for
carefully reviewing and understanding the instructions or manuals that accompany products, tools and
equipment that are used in a project. Make sure to check with the local building department to ensure
compliance with codes and regulations related to your project. You should always consult a trained
professional with any questions about your specific project's needs or safety concerns. Always know
your own limitations and factor in your own good judgment and common sense.
YOUR SAFETY
Before you begin a project, make sure you plan ahead and anticipate any safety issues. Following are
some important safety tips that can apply to most projects. Since every project is different, do not
consider this a comprehensive list of all the safety issues that you may need to address.
General Safety
Do not attempt a potentially dangerous project when you are tired, irritated, sick or under the influence
of drugs or alcohol.
Wear approved eye protection when working with power tools or striking tools such as hammers.
When working in dusty situations, wear a dust filter mask over your mouth and nose.
Make sure you check building codes for your area before planning construction projects.
Keep all blades, bits and other cutting parts sharp on both power tools and hand tools. Dull tools can
require you to apply extra force, which can lead to injuries.
Make sure you have a safe work environment that is well lit and free from obstructions and interference
from clothing, long hair and jewelry.
Turn off breakers or remove fuses when working on all electrical projects.
Power Tools
Read the instructions thoroughly and make sure you understand proper operation and safety issues
related to each tool. Use a tool only for its intended application. Make sure you know each tool's
limitations.
If a tool requires grounding, make sure it is properly grounded. Do not use 2-prong adapters.
Unplug saws, drills, routers and other power tools when changing or installing blades, bits and other
attachments.
Keep your hands safely away from blades, bits and moving parts as you operate a power tool.
Paints & Chemicals
Heed all product warning labels! Make sure you have adequate ventilation for flammable and noxious
chemicals. When using flammable materials, shut off pilot lights on furnaces, hot water tanks and stoves.
Ladders & Scaffolds
Make sure stepladders are completely opened and positioned with all four legs firmly stabilized and
supported. Never stand on the top platform of a stepladder.
When using an extension ladder, firmly plant both side rails on solid ground. Do not put the base of the
ladder too close or too far from the vertical surface it is propped against. Your weight should be
positioned between the base of the ladder and vertical surface.
Make sure that all legs of a scaffold are firmly planted on solid ground. Use blocks of wood on softer
ground to provide better support. Always stand on platforms in between the supports that hold it up.
Limitations and Waiver
The designs available on this site are the property of www.yourdesignerlandscapes inc. (“YDL”) and is
not to be copied, reproduced for the purposes of selling copies, displayed or sold without the
permission of YDL. Any such act will be subject to copyright infringement and may be punishable by law.
All designs are subject to the scale not being accurate due to resizing. For accurate designs we
recommend using the custom design page.
You are responsible for proper installation and appropriate materials to be used in the landscape
project! YDL is not responsible for site specific conditions, including soil, climate, slope, safety,
hazardous or environmental conditions of the specific site on which work is being performed. YDL is not
responsible for compliance of the work to be done with any municipal or government authority. You
must check your local municipal codes or bylaws for fence height, setbacks or other restrictions! YDL
is not responsible for any defects, damages or injury however caused, whether arising from or
consequent to the use of the design. By using the designs, you accept these limitations and waive any
claim which may arise from its use against YDL.