Terms and Conditions
THESE TERMS AND CONDITIONS (“TERMS OF USE”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITES AT WWW.HEYDENSGARDENS.COM (THE “WEBSITE”) WHICH IS OWNED BY HEYDEN’S GARDENS (“HG”). PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE.
By using the Website in any manner, including but not limited to visiting or browsing the Website, you (the “User” or “you”) agree to be bound by the Terms of Use.
Prohibited Activities
You agree to use the Website only for lawful purposes. You agree that you will not:
- Reprint, republish or distribute in any way any information or materials on the Website.
- Use the information on the Website for unsolicited commercial messages.
- Provide any false, inaccurate, or misleading information.
- Be defamatory, obscene, indecent, unlawfully threatening, or unlawfully harassing.
- Provide our password(s) to any other party.
- Infringe upon our third-party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy.
- Take any action that imposes, or may impose, in HG’s sole discretion, an unreasonable or disproportionately large load on the Website.
- Use any robot, spider, scraper, or other automated means to access the Website for any purpose whatsoever without HG’s prior express written permission.
- Interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website.
- Transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way used in the Website.
HG’s Intellectual Property
Copyright
The Website and the information, writings, images, and/or other works on the Website (the “Content”) are protected by U.S. and/or foreign copyright laws and belong to HG or its partners, affiliates, contributors, or third parties. The copyrights in the Content are owned by HG or other copyright owners who have authorized their use on the Website. You may download and reprint Content for non-commercial, non-public, personal use only, except as otherwise permitted by HG.
HEYDEN’S GARDENS, and other HG graphics, logos, designs, page headers, button icons, scripts, and service names are owned by HG. HG’s name, service marks and trade dress may not be used or interfered with in any manner without the express written consent of HG.
Termination or Removal
HG may terminate or suspend your use of the Website at any time without cause and without liability to HG.
Claimer of Warranties
HG EXPRESSES MANY WARRANTIES. VISIT YOUR DEPARTMENT FROM THE HOMEPAGE OR CONTACT YOUR SALESPERSON FOR MORE INFORMATION ON PLANT, PRODUCT, AND SERVICE WARRANTIES. HG EXPRESSLY CLAIMS OUR WARRANTIES TO BE TRUE.
Disclaimer of Website Warranties
HG DOES NOT WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE WILL BE CORRECTED. HG DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
Limitation of Liability
IN NO EVENT WILL HG BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE CONTENT, (B) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (C) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE AND/OR THE CONTENT, (D) ANY OTHER MATTER RELATING TO THE WEBSITE OR THE CONTENT, EVEN IF HG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, HG’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU AGREE AND ACKNOWLEDGE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND WARRANTY PROVIDED IN THESE TERMS OF USE ARE FAIR AND REASONABLE.
Links
Links on the Website to third-party websites or information are provided solely as a convenience to you. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by HG of the third party, the third-party website, or the information contained therein. HG is not responsible or liable for any such website or the content thereon. If you decide to access such websites or the content thereon, you do so at your own risk.
Linking to the Website
Unless specifically authorized by HG, you may not create links to the Website that bypass the home page or other parts of the Website. You may not mirror or frame the Website on any other website.
Indemnification
You understand and agree that you are personally responsible for your behavior on the Website. You agree to indemnify, defend and hold harmless HG and HG affiliates and their affiliates, members, officers, directors, agents, and employees from and against all claims, losses, expenses, damages, and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the Website or the Content, or any violation by you of the Terms of Use.
Modifications
HG reserves the right to modify these Terms of Use and any policies affecting the Website at any time. If HG makes a material change, HG will notify you here, by email, by means of a notice on the Website, or otherwise as HG deems appropriate. What constitutes a “material change” will be determined at HG’s sole discretion, in good faith, and using common sense and reasonable judgment.
Your continued use of the Website following any modification to these Terms of Use shall be deemed an acceptance of such modification.
Choice of Law/Choice of Forum
The Terms of Use will be governed by and interpreted in accordance with the laws of the State of Wisconsin, without regard to any conflict of laws provisions. You agree that any legal action or proceeding between HG and you for any purpose concerning the Terms of Use or your use of the Website or the Content shall be brought exclusively in a federal or state court of competent jurisdiction in Wisconsin.
Severability
If any part of the Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Terms of Use, all of which will remain in full force and effect.
Assignment
HG may assign its rights and duties under the Terms of Use to any party at any time without notice to you. Your rights and duties under the Terms of Use are not assignable by you without the written consent of HG.
Entire Agreement/No Waiver
These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by HG of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
Changes to our Terms of Use
If we decide to change our Terms and Conditions, we will post those changes on this page. These terms were last modified in 2022.
Contacting Us
If there are any questions regarding the Terms and Conditions you may contact us using the information below.
