Terms And Conditions
TERMS AND CONDITIONS
Agreement between User and Kent Greenhouse & Gardens
We are Kent Greenhouse & Gardens (“Company”, “we”, “us” or “our”), a limited liability company registered in Illinois and headquartered at 30 South Main Street Kent, CT 06757.
We operate the website www.kentgreenhouse.com (the “Website”) as well as any other related products and services that are referred or linked to these legal terms (the “Legal Terms”) (collectively, the “Services”).
The Website is comprised of various web pages operated by the Company and is offered to you conditioned on your acceptance without modification of the terms, conditions and notices contained herein (these “Terms”). Your use of the Website constitutes your agreement to all such Terms. If you do not agree with these Terms in their entirety, you are prohibited from using the Services and must discontinue use immediately.
Privacy
Your use of the Website is subject to the Company’s Privacy Policy. Please review our Privacy Policy linked to on the Website, which also governs the Website and informs users of our data collection practices.
Electronic Communication
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website satisfy any legal requirement that such communications be in writing. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means.
Children Under Thirteen
The Company does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under the age of eighteen, you may use the Website only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Company and we are not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site or any changes or updates to a Linked Site. Mariani is providing these links to you only as a convenience and the inclusion of any link does not necessarily imply endorsement by the Company of the site or any association with its operators, unless otherwise noted.
Certain services made available via the Website are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Website domain, you hereby acknowledge and consent that we may share such information and data with any third-party with whom the Company has a contractual relationship to provide the requested product, service or functionality on behalf of the Website’s users and clients.
No Unlawful or Prohibited Use; Intellectual Property
You are granted a non-exclusive, non-transferrable, revocable license to access and use the Website strictly in accordance with these terms of use. As a condition of your use of the Website, you warrant to us that you will not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner which could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.
All content included as part of the Services, such as source code, Website design, video, images, text, graphics, logos, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its vendors and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You are not permitted to and you agree not to modify, publish, transmit, reverse engineer, participate in the transfer, sale or license, create derivative works, upload, publicly display, reproduce, copy or in any way exploit any of the content, including without limitation images, text and software code, in whole or in part, found on the Website. The Company’s content is not for resale. Your use of the Website does not entitle you to make any unauthorized use of any protected content and in particular you agree not to delete or alter any proprietary rights or attribution notices in any content. You will use content solely for you personal (non-commercial/non-business) use and will make no other use of the content without the express written permission of the Company and copyright owner. You will not and agree that you do not acquire any ownership rights in any protected content. We do no grant you any licenses, express or implied, to the intellectual property and/or content found on the Website.
International Users
The Services are controlled, operated and administered by the Company from our offices in the United States of America. If you access the Services from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Website content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents and third parties for any losses, costs, liabilities and expenses (including attorneys’ fees) relating to or arising out of your use of or inability to use the Website or Services, any user postings made by you, your violation of these Terms or your violation of any rights of a third party or your violation of any applicable laws, rules or regulations. The Company reserves the right at its own cost to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company, at your expense, with our defense of such claims.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single, neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration services mutually selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are the result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class representative collection actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and the Company agree in writing otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over the form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS VENDORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AT ANY TIME.
THE COMPANY AND/OR ITS VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS VENDORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORAMTION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXMIUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGE FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ITS VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER UNDER THESE TERMS AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO $25.00. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Termination / Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the Services or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts located in Cook County, Illinois in all disputes arising out of or relating to the use of the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.
You agree that no joint venture, partnership, employment or agency relationship exists between you and the Company as a result of these Terms or your use of the Website. The Company’s performance of these Terms is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. If any part of these Terms are determined to be invalid or unenforceable under applicable law, including but not limited to the warranty disclaimers or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will remain in full force and effect.
Unless otherwise specified, these Terms constitute the entire agreement between you and the Company with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Changes to Terms
The Company reserves the right, in its sole discretion, to change these Terms under which the Website is offered at any time and for any reason. We will alert you about any changes by updated the “Last Modified” date of these Terms and you waive the right to receive specific notice of each such change. The most current version of these Terms will supersede all previous versions. The Company encourages you to periodically review these Terms to stay informed of our updates.
Contact Us
The Company welcomes your questions or comments regarding these Terms:
Kent Greenhouse & Gardens
30 South Main Street
Kent, CT 06757
Last Modified: May 23, 2024
