Last Update: 9/14/2005
By accessing or using this website you agree to the following
terms and conditions of use:
Changes to the Terms and Conditions of Use
These terms and conditions may
be changed at any time without notice. Please check this page
for changes to the terms and conditions when you access this
website. For your convenience only, the date of the last update
shall be posted at or near the top of this page. If you access
or use this website after we post a change to these terms and
conditions of use, you will be deemed to have accepted the change.
If you do not agree with these terms and conditions of use or
do not accept the change, do not access or use this website.
License to Access and Use this Website
You are hereby granted a limited
license to access and use this website to view and download
the materials at this website only for your personal, non-commercial
use, provided that you do not modify the website, its content
or any copyright or other proprietary notices. You may not display,
distribute or use the materials on this website for any public
or commercial purpose. These materials may not be used on any
other website for any purpose. The materials at this website
are copyrighted and any unauthorized use may violate copyright,
trademark and/or other laws. If you breach any of these terms
and conditions of use this license automatically terminates
and you must immediately destroy all copies of any website content
in your possession.
Site Registration and Personal Accounts
In order to make purchases on
this site you are required
to register and create an account.
You are responsible for maintaining
the confidentiality of your
account information, including
your password, and for all
activity that occurs under
your account. You agree to
notify Fern Gully Nursery
immediately of any unauthorized
use of your account or password,
or any other breach of security.
You may be held liable for
losses incurred by Fern Gully
Nursery or any other user of
the Site due to someone else using your
password or customer account.
You may not use anyone else's
password or customer account
at any time. You agree to provide us
with accurate, current and
complete information about
yourself and your billing information
as prompted by the registration
process.
We reserve the
right to terminate an account
for any reason, including,
but not limited to the following:
(1) attempts to gain unauthorized
access to the website or assist
others in doing so, (2) attempts
to circumvent security features
designed to protect or limit
the use of content, (3) attacking
the site so as to disrupt its
use or function, violating
any of these Terms of Use,
(4) copyright infringement
(including suspected copyright
infringement), (5) requests
by law enforcement or government
agencies, (6) failing to pay
for purchases. You agree that
Allen Cantrell and Fern Gully
Nusery will not be liable to
you or any third party for terminating
your access to this website.
Transmitting and Posting Information
With the exception of information
subject to our Privacy Policy, we will not treat information
you post or transmit to this website as confidential or proprietary.
By sending information to us through the website by any means,
you agree that we may use that information in any way and for
any purpose including our own commercial purposes.
You agree not to transmit or post any threatening, inflammatory,
defamatory, sexually graphic, profane, hateful or other inappropriate
material. We reserve the right to remove any post or transmission
that we deem inappropriate.
Disclaimer of Warranty
Despite efforts to present accurate
content on this website, we make no representation or warranty
with respect to the website content. The content on this website
is provided “AS IS”. We specifically disclaim to
the fullest extent permitted by law, any and all warranties,
express or implied, relating to the website and its content,
including, but not limited to, implied warranties of merchantability,
completeness, timeliness, correctness, non-infringement, or
fitness for a particular purpose.
Limitation of Liability
You access and use this website
at your own risk. In no event
shall we (including, but not
limited to Allen Cantrell and
Fern Gully Nursery), or the
third parties mentioned at
this website, be liable for
any claims or damages arising from your access
or use, or inability to access
or use, this website, its content,
or the services or content
of any websites linked to this
website.
Copyright
The material provided on this
website is protected by U.S.
copyright and other laws. The copyright on the content of this
website is owned by Information Infrastructure
Corp. and others.
Linking to this Website
We grant you a limited, revocable,
nonexclusive right to create
a hyperlink to this website
as long as the link does not
portray us or our products
or services in a false, misleading,
derogatory, or offensive manner.
You may not use our logo, trademark(s),
name or any proprietary
image or graphic without our
prior written consent. Even
though you may link to our
content, you may not replicate
it on your website or “frame” it. You may not imply
that your product is endorsed
by Fern Gully Nursery, unless
it actually is. You may not
misrepresent your relationship
with us. You may not link to
this website unless your website
contains content that is appropriate
for all age groups and specifically
does not contain content that
could be considered inappropriate,
offensive, sexually graphic,
hateful or controversial.
Country of Use
This website is designed and
provided for use within the
United States. We do not make
any representation as to its use in other countries. Accessing
this
website from outside of the
United States means that you
do so at your own risk.
Privacy Policy
Our Privacy Policy may also affect
your visit to this website. Please review it for further information.