Legal Policies

Welcome, please review the following terms and conditions concerning your use of our website.

 

Terms of Service: By accessing, using or downloading any information and/or materials from the website, you agree to follow and be bound by these terms and conditions (collectively, the “Terms”). If you do not agree with these Terms, please do not use this website. This web site may contain other proprietary notices and copyright information, the terms of which must be observed and followed.

The materials at this website, as well as the organization and layout of this site, are copyrighted and are protected by United States and international copyright laws and treaty provisions. The information contained on this website (collectively, the “Site”) may not be reproduced or utilized for commercial use without the express written consent of Plant Delights Nursery, Inc. (“Plant Delights,” “PDN,” “our,” “us,” or “we”).

Plant Delights Nursery hereby authorizes you to copy material published by PDN on the public portions of this Site for use within your organization solely for noncommercial, personal and informational use. You agree not to copy or post on any networked computer, broadcast in any media, or use for commercial gain any materials or modify any materials from this website in any way. The foregoing prohibition expressly includes, but is not limited to, the practices of “screen scraping” or “database scraping” to obtain lists of users, clients or other information. You agree to expressly identify PDN as the copyright holder for any material or information that you copy from this Site.

This permission terminates automatically without notice if you breach any of these Terms. Upon termination, you will immediately destroy any downloaded or printed materials.

Copyright and Trademark Information: All of the information, content, services and software (including source and object codes) on www.plantdelights.com (collectively, the “Content”) is owned by Plant Delights Nursery. Copyright 2015, all rights reserved. The Content is intended solely for the personal, noncommercial use of users of www.plantdelights.com (the “Service”).

You may not access, download, use or export any materials, information, software, products or services contained on this website in violation of US export laws or regulations, or in violation of any applicable local laws or regulations.

Plant Delights Nursery respects the intellectual property rights of others, and we ask our users to do the same. Plant Delights Nursery and our logo, brandmark, favicon and icons are trademarks of Plant Delights Nursery, Inc. All other company and product names mentioned are the trademarks or registered trademarks of their respective companies.

Nothing contained in this web site will be construed as conferring by implication, estoppel or otherwise any license or right under any copyright, patent, trademark or other intellectual property right of the Plant Delights Nursery or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Plant Delights Nursery copyright.

Any product, process, or technology in this web site may be the subject of other intellectual property rights reserved by Plant Delights Nursery and is not licensed hereunder. This Site may be changed or updated without notice. Plant Delights Nursery may also make improvements and/or changes in the products, services and/or the programs described in this Site at any time without notice. The information and materials on this Site does not represent a commitment on the part of Plant Delights Nursery in the future. We reserve any rights not expressly granted in these Terms.

Links to Third-Party Sites: This Site may contain links to websites owned and/or controlled by parties other than Plant Delights Nursery. We do not endorse or accept any responsibility for the use or content of any other website, which you may access through this one. Plant Delights Nursery is providing these links to you only as a convenience. It is up to you to take precautions to ensure that whatever you select for your use is free of viruses and other items of a destructive nature.

If you operate a website and wish to link to the Service, you may link only to the Service’s home page at www.plantdelights.com and not to any other portion of the Service. We reserve the right to reject or terminate any links to the Content at any time for any reason.

General Disclaimer and Limitation of Liability: YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER PLANT DELIGHTS NURSERY OR ANY OF THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSEES, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ‘AS IS’ AND PLANT DELIGHTS NURSERY SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT. PLANT DELIGHTS NURSERY DOES NOT WARRANT THAT THE SERVICE IS PROVIDED WILL BE UNINTERRUPTED OR ERROR FREE.

IN NO EVENT WILL PLANT DELIGHTS NURSERY BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEBSITE OR THE MATERIALS OR INFORMATION CONTAINED IN IT, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, BUSINESS INTERRUPTION, LOSS OF USE OF PROGRAMS, COMPUTERS OR OTHER DATA ON YOUR COMPUTERS OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE TO HOLD PLANT DELIGHTS NURSERY HARMLESS FROM AND NOT TO SUE PLANT DELIGHTS NURSERY FOR ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEBSITE.

Miscellaneous: We reserve the right in our discretion to change these Terms at any time with or without notice to users of any such changes by changing these Terms. Your continued use of the Service after the posting of any amended Terms shall constitute your agreement to be bound by any such changes. Plant Delights Nursery may modify, suspend, discontinue or restrict the use of any portion of the Service, including the availability of any portion of Content, at any time without notice or liability. Plant Delights Nursery may deny access to any person or user at any time for any reason.

IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR ANY CHANGES THE SERVICE MAKES IN THESE TERMS, PLEASE EXIT THE SERVICE IMMEDIATELY.