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White's Nursery & Greenhouses, Inc. and GARDENLOVER
WEBSITE TERMS AND CONDITIONS OF USE
By accessing and using this website, you agree to the following Terms and Conditions governing its use.
White's Nursery & Greenhouses, Inc. and GARDENLOVER grants you a limited license to access and make personal use of this site for the purpose of obtaining additional plant or horticultural information for products offered for sale by us through our retail partners. You may not download, modify, or make other use of information from this website except with express written consent of White's Nursery & Greenhouses, Inc. and GARDENLOVER. Any other duplication, sale, distribution, or commercial use of information or data from this website is prohibited. Other prohibited uses include the use of metadata or hidden text on another website incorporating any logo or other copyrighted or trademarked material from this website, "deep linking" to information on this website other than our home page, or framing information from this website so that it appears to originate on another website. Violation of these terms and conditions of use shall be grounds for denial of access to the website.
I. COPYRIGHT AND TRADEMARKS
All content included on this site, such as text, graphics, logos, button icons, images, product descriptions, pricing information, and other data is the property of White's Nursery & Greenhouses, Inc. and GARDENLOVER or its content suppliers and protected by United States copyright laws. The compilation of all content on this site is the exclusive property of White's Nursery & Greenhouses, Inc. and GARDENLOVER and protected by U.S. copyright laws.
GARDENLOVER, JUST ADD WATER and other marks indicated on our site are registered trademarks of White's Nursery & Greenhouses, Inc., or its subsidiaries, in the United States and other countries. GARDENLOVER graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of White's Nursery & Greenhouses, Inc. which may not be used in connection with other products or services or in a manner likely to cause confusion among customers.
II. THIRD PARTY CONTENT
Occasionally, persons other than White's Nursery & Greenhouses, Inc. and GARDENLOVER may sell products or services on this website. We may also provide links to other affiliated websites or businesses. White's Nursery & Greenhouses, Inc. and GARDENLOVER is not responsible for the operation of or accuracy of information on these other websites, and we disclaim any warranties of their operation or accuracy.
III. YOUR ACCOUNT INFORMATION
A. Consent to Electronic Communications.
By your use of this website, you are initiating an electronic transaction, and you thereby agree to receive information from us electronically. Further you agree that we may communicate with you by e-mail or by posting notices on this website, and that any such electronic communication shall satisfy any legal requirement for written communications, notices, or records of the transaction.
B. Confidentiality of Your Account Information
You may choose to create a username and password to use our website. You are responsible for maintaining the confidentiality of your account and password. You agree to be responsible for any changes or updates created on this site using your account username and password. White's Nursery & Greenhouses, Inc. and GARDENLOVER do not knowingly market its products to children under the age of 18.
IV. RISK OF LOSS
White's Nursery & Greenhouses, Inc. and GARDENLOVER supply all plants and other products through our retail partners. All plant and other product returns should be made to the the retail partner from which you purchased the item.
V. PRODUCT DESCRIPTIONS
White's Nursery & Greenhouses, Inc. and GARDENLOVER do not warrant that product descriptions or other content of this site will be complete, reliable, current, or error-free.
VI. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws affecting your use of this website.
VII. PRIVACY POLICY
Please see White's Nursery & Greenhouses, Inc. and GARDENLOVER Privacy Policy elsewhere on this website.
VII. WARRANTIES FOR PRODUCTS SOLD
White's Nursery & Greenhouses, Inc. and GARDENLOVER only provide warranties on certain of its products. Those warranties are listed or displayed along with the product description. EXCEPT AS SPECIFICALLY PROVIDED FOR A SPECIFIC PRODUCT, WHITE'S NURSERY & GREENHOUSES, INC. AND GARDENLOVER DISCLAIM ANY WARRANTIES AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PURPOSE OF ANY PRODUCT OR SERVICE.
IX. DISCLAIMER OF WARRANTIES
YOU AGREE THAT YOUR ACCESS TO THIS WEBSITE IS ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND DONE AT YOUR OWN RISK. WHITE'S NURSERY & GREENHOUSES, INC. AND GARDENLOVER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS THEREIN.
TO THE FULL EXTENT ALLOWED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE, WHITE'S NURSERY & GREENHOUSES, INC. AND GARDENLOVER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF ACURACY OF DATA ON THIS WEBSITE, OR WARRANTIES AS TO THE PROPER OPERATION OF THIS WEBSITE. WE DO NOT WARRANT THAT DATA ON THIS WEBSITE OR IN EMAILS SENT FROM WHITE'S NURSERY & GREENHOUSES, INC. AND GARDENLOVER WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHITE'S NURSERY & GREENHOUSES, INC. AND GARDENLOVER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
X. INDEMNIFICATION AND LIMITATION OF OUR LIABILITY
You agree to indemnify and hold harmless White's Nursery & Greenhouses, Inc., GARDENLOVER and our employees, officers, directors, and affiliates, from and against any claim, demand, suit or damages, including attorneys fees and litigation costs, arising out of or related to any violation of law or these Terms and Conditions of Use by you.
XI. APPLICABLE LAW
You agree that the laws of the Commonwealth of Virginia, without regard to its conflicts of laws provisions, will govern the interpretation of these Terms and Conditions of Use, as well as any dispute arising out of your use of this website.
XII. DISPUTES
Any dispute arising from or related to your use of this website, any products or services obtained through this website, or any communication to or from White's Nursery & Greenhouses, Inc. or GARDENLOVER will be resolved by submission to binding arbitration, except that it is agreed that either party may seek injunctive or other relief in a court of appropriate jurisdiction in or serving Chesapeake, Virginia, for claims of infringement of intellectual property rights. Arbitrations shall be conducted by a single arbitrator and shall be conducted according to the Commercial Arbitration Rules of the American Arbitration Association. The decision and award of the arbitrator shall be binding and judgment may be had thereon in any court of competent jurisdiction.
XIII. WHERE TO CONTACT US
For questions concerning these Terms and Conditions of Use please contact:
Kim Wilkinson
White's Nursery & Greenhouses, Inc.
3133 Old Mill Road
Chesapeake, VA 23323
TEL:(757) 487-2300
FAX: (757) 487-0847
Email: kim@whitesnursery.com
XIV. CHANGES
These Terms and Conditions of Use may be changed from time to time in the sole discretion of White's Nursery & Greenhouses, Inc. and GARDENLOVER and such changes shall become effective upon posting on this website. Those Terms and Conditions of Use that are posted at that time an order is submitted shall govern any contractual rights created by the order or sale.
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